WORKPLACE RELATIONS ACT 1996 - SECT 310 Placement does not proceed--effect on adoption leave

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 310

             (1)  This section applies if a proposed placement of a child with an employee:

                     (a)  is cancelled before it starts, whether at the initiative of an adoption agency, another body, or the employee; or

                     (b)  starts but is later discontinued for any reason (including the death of the child).

             (2)  If, when this section first applies, the employee had not yet started a period of adoption leave in relation to the placement, the employee is not, or is no longer, entitled to the leave.

             (3)  Subject to subsections (4) and (5), if, when this section applies, the employee had started a period of adoption leave in relation to the placement, the employee's entitlement to the adoption leave is not affected by the cancellation or discontinuation of the placement.

Note:          The employee may shorten a period of long adoption leave by agreement with the employer under section 312. However, if the period of leave including (or constituted by) long adoption leave is longer than 4 weeks, to take advantage of the return to work guarantee under section 314, the employee must also give the employer at least 4 weeks written notice of the proposed day of his or her 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 adoption 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 adoption leave in relation to the placement ends with effect from the day stated in the notice.