WORKPLACE RELATIONS ACT 1996 - SECT 292 Death of child--effect on paternity leave

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 292

             (1)  This section applies if an employee's spouse gives birth to a living child, but the child later dies.

             (2)  If, when the child died, the employee had not yet started a period of paternity leave in relation to the birth, the employee is not, or is no longer, entitled to that leave.

             (3)  Subject to subsections (4) and (5), if, when the child died, the employee had started a period of paternity leave in relation to the birth, the employee's entitlement to the leave is not affected by the death of the child.

Note:          The employee may shorten a period of long paternity leave by agreement with the employer under section 294. However, if the period of leave including (or constituted by) long paternity leave is longer than 4 weeks, to take advantage of the return to work guarantee under section 296, the employee must also give the employer at least 4 weeks written notice of the proposed day of his return to work.

             (4)  The employee's employer may give the employee written notice that, from a stated day no earlier than 4 weeks after the day the notice is given, any untaken long paternity leave that the employee remains entitled to at the stated day is cancelled with effect from that day.

             (5)  The employee's entitlement to any untaken long paternity leave in relation to the birth ends with effect from the day stated in the notice.