WORKPLACE RELATIONS ACT 1996 - SECT 288 Long paternity leave--documentation

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 288

Requirement for application

             (1)  To be entitled to long paternity leave during a period, an employee must give his employer a written application for long paternity leave in accordance with this section stating the first and last days of the period.

General rule

             (2)  The application must be given to the employer no later than 10 weeks before the first day of the intended continuous period of leave including (or constituted by) the long paternity leave.

Premature birth or other compelling reason

             (3)  However, the application must be made as soon as reasonably practicable (which may be at a time before or after the long paternity leave has started) if it was not reasonably practicable for the employee to comply with subsection (2) because of:

                     (a)  the premature birth of the child; or

                     (b)  any other compelling reason.

Statutory declaration with application

             (4)  The application must be accompanied by a statutory declaration made by the employee stating the following:

                     (a)  the first and last days of the period (or periods) of any other authorised leave intended to be taken (or already taken) by the employee because of the birth or the expected birth;

                     (b)  the first and last days of the period (or periods) of any maternity leave, or any other authorised leave of the same type as maternity leave, intended to be taken (or already taken) by the employee's spouse because of the pregnancy, the birth or the expected birth;

                     (c)  that the employee intends to be the child's primary care‑giver at all times while on long paternity leave;

                     (d)  that the employee will not engage in any conduct inconsistent with his contract of employment while on long paternity leave.

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 .