WORKPLACE RELATIONS ACT 1996 - SECT 286 Paternity leave--medical certificate

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 286

Requirement for medical certificate

             (1)  To be entitled to paternity leave, an employee must give his employer a medical certificate from a medical practitioner in accordance with this section.

             (2)  The medical certificate must contain the following statements of the medical practitioner's opinion (or knowledge):

                     (a)  if the child has not yet been born:

                              (i)  the name of the employee's spouse; and

                             (ii)  that the employee's spouse is pregnant; and

                            (iii)  the date on which the birth is expected;

                     (b)  if the child has been born:

                              (i)  the name of the employee's spouse; and

                             (ii)  the actual date of birth of the child.

General rule

             (3)  The medical certificate must be given to the employer no later than 10 weeks before the date stated in the certificate.

Premature birth or other compelling reason

             (4)  However, the medical certificate must be given to the employer as soon as reasonably practicable (which may be at a time before or after the paternity leave has started) if it was not reasonably practicable for the employee to comply with subsection (3) because of:

                     (a)  the premature birth of the child; or

                     (b)  any other compelling reason.

Section does not apply if could not be complied with

             (5)  This section does not apply to an employee who could not comply with the section because of circumstances beyond his control.

Note:          The use of personal information given to an employer under this section may be regulated under the Privacy Act 1988 .