New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 70

70 Transfer to a safe job

(1) This section applies whenever the present work of a female employee is, because of her pregnancy or breastfeeding, a risk to the health or safety of the employee or of her unborn or new born child. The assessment of such a risk is to be made on the basis of a medical certificate supplied by the employee and of the obligations of the employer under the Occupational Health and Safety Act 2000 .

(2) The employer is to temporarily adjust the employee’s working conditions or hours of work to avoid exposure to that risk.

(3) If such an adjustment is not feasible or cannot reasonably be required to be made, the employer is to transfer the employee to other appropriate work that:

(a) will not expose her to that risk, and

(b) is as nearly as possible comparable in status and pay to that of her present work.

(4) If such a transfer is not feasible or cannot reasonably be required to be made, the employer is to grant the employee maternity leave under this Part (or any available paid sick leave) for as long as is necessary to avoid exposure to that risk, as certified by a medical practitioner.

(5) An employer who does not comply with any obligation imposed on the employer by this section is guilty of an offence.

Maximum penalty (subsection (5)): 50 penalty units.