Western Australian Consolidated Acts

MINIMUM CONDITIONS OF EMPLOYMENT ACT 1993 - SECT 38A

38A .         How and when a request or requirement as to parental leave or return to work can be made

        (1)         A request under section 33(4) or (5) or 38(4) or (5) is to be made by notice in writing.

        (2)         A request under section 33(4) is to be made at least 4 weeks before the day on which the employee finishes the period of parental leave to which the employee is entitled under section 33(1).

        (3)         A request under section 33(5) can be made at any time before the end of the week referred to in section 33(3).

        (4)         A request under section 38(4) is to be made at least 7 weeks before the day on which the employee finishes parental leave.

        (5)         A request under section 38(5) is to be made at least 6 weeks before the day on which the employee wishes to resume working on the same basis as the employee worked immediately before starting parental leave.

        (6)         Subject to subsection (2), (3) or (4), whichever is applicable, a request under section 33(4) or (5) or 38(4) can be made even if the birth or placement occurred before the coming into operation of section 39 of the Labour Relations Legislation Amendment Act 2006 .

        (7)         A requirement under section 38(6) is to be made by notice in writing at least 6 weeks before the day on which the employer wishes the employee to resume working on the same basis as the employee worked immediately before starting parental leave, and the notice is to set out the reasons for the requirement.

        [Section 38A inserted by No. 36 of 2006 s. 39.]