WORKPLACE RELATIONS ACT 1996 - SECT 304 Adoption leave--notice
This legislation has been repealed.
WORKPLACE RELATIONS ACT 1996 - SECT 304
Adoption leave--noticeRequirement for notice
(1) To be entitled to adoption leave, an employee must give his or her employer notice in accordance with this section.
Note: After an employee has given his or her employer notice in accordance with this section, the employee will have satisfied the notice requirement in relation to the employee's entitlement to both short adoption leave and long adoption leave.
Notices to be given to the employer
(2) An employee must give written notice to his or her employer of the employee's intention to apply for adoption leave as soon as reasonably practicable after receiving notice (a placement approval notice ) of the approval of the placement of an eligible child with the employee.
(3) An employee must give written notice to his or her employer of the day when the placement of an eligible child with the employee is expected to start as soon as reasonably practicable after receiving notice (a placement notice ) of the expected day.
(4) An employee must give written notice to his or her employer of the first and last days of the periods of short and long adoption leave (or of either type of leave) the employee intends to apply for because of the placement:
(a) if the employee receives a placement notice about the placement within the period of 8 weeks after receiving the placement approval notice--before the end of that 8 week period; or
(b) if the employee receives a placement notice about the placement after the end of the period of 8 weeks after receiving the placement approval notice--as soon as reasonably practicable after receiving the placement notice.
Adoption of a relative of the employee
(5) If an eligible child who is to be adopted by an employee is a relative of the employee, and the employee decides to take the child into custody pending the authorisation of the placement of the child with the employee, the employee must:
(a) give notice to his or her employer of the employee's decision as soon as reasonably practicable after the decision is made; and
(b) give the notices required by subsections (2), (3) and (4) in accordance with those subsections.
Note: The employee's entitlement to adoption leave after taking the child into custody starts when the adoption is authorised (this is the day of placement of the child--see definition of day of placement in section 263).
Adoption process started before engagement with the employer
(6) If, before starting an employee's current period of engagement with his or her employer, the employee had already received a placement approval notice or a placement notice, or had made a decision to take a child into custody as mentioned in subsection (5), the employee must give the notices required by this section to the employer as soon as reasonable practicable after starting the period of engagement.
Note: However, the employee is only entitled to take either short or long adoption leave if the employee will have completed 12 months continuous service with the employer immediately before the first day on which the leave is to be taken, or if the employee is an eligible casual employee (see section 300).
If employee cannot comply
(7) A notice under this section must be given to the employee's employer as soon as reasonably practicable before the first day of adoption leave taken by the employee, if the employee cannot comply with subsection (2), (3), (4), (5) or (6) because of:
(a) the day when the placement is expected to start; or
(b) any other compelling reason.
(8) In this section:
"relative" , of an employee, means:
(a) a grandchild, nephew, niece or sibling of the employee; or
(b) a grandchild, nephew, niece or sibling of the employee's spouse.
Note: The use of personal information given to an employer under this section may be regulated under the Privacy Act 1988 .