Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 74

Notice and evidence requirements

Notice

             (1)  An employee must give his or her employer written notice of the taking of unpaid parental leave under section 71 or 72 by the employee.

             (2)  The employee must give the notice to the employer:

                     (a)  at least:

                              (i)  10 weeks before starting the leave, unless subparagraph (ii) applies; or

                             (ii)  if the leave is to be taken in separate periods of concurrent leave (see paragraph 72(5)(b)) and the leave is not the first of those periods of concurrent leave--4 weeks before starting the period of concurrent leave; or

                     (b)  if that is not practicable--as soon as practicable (which may be a time after the leave has started).

             (3)  The notice must specify the intended start and end dates of the leave.

Confirmation or change of intended start and end dates

             (4)  At least 4 weeks before the intended start date specified in the notice given under subsection (1), the employee must:

                     (a)  confirm the intended start and end dates of the leave; or

                     (b)  advise the employer of any changes to the intended start and end dates of the leave;

unless it is not practicable to do so.

          (4A)  Subsection (4) does not apply to a notice for a period of concurrent leave referred to in subparagraph (2)(a)(ii).

Evidence

             (5)  An employee who has given his or her employer notice of the taking of unpaid parental leave must, if required by the employer, give the employer evidence that would satisfy a reasonable person:

                     (a)  if the leave is birth-related leave--of the date of birth, or the expected date of birth, of the child; or

                     (b)  if the leave is adoption-related leave:

                              (i)  of the day of placement, or the expected day of placement, of the child; and

                             (ii)  that the child is, or will be, under 16 as at the day of placement, or the expected day of placement, of the child.

             (6)  Without limiting subsection (5), an employer may require the evidence referred to in paragraph (5)(a) to be a medical certificate.

Compliance

             (7)  An employee is not entitled to take unpaid parental leave under section 71 or 72 unless the employee complies with this section.

Note:          Personal information given to an employer under this section may be regulated under the Privacy Act 1988 .



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