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 the employee's 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) complying with a notice or evidence requirement of section   74 in relation to the first employer.


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