Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 69

Transfer of employment situations in which employee is entitled to continue on leave etc.

             (1)  If:

                     (a)  there is a transfer of employment in relation to an employee; and

                     (b)  the employee has already started a period of leave under this Division when his or her employment with the first employer ends;

the employee is entitled to continue on that leave for the rest of that period.

             (2)  If:

                     (a)  there is a transfer of employment in relation to an employee; and

                     (b)  the employee has, in relation to the first employer, already taken a step that is required or permitted by a provision of this Division in relation to taking a period of leave;

the employee is taken to have taken the step in relation to the second employer.

Note:          Steps covered by this subsection include (for example) giving the first employer notice under subsection 74(1), confirmation or advice under subsection 74(4) or evidence under subsection 74(5).



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