Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 75

Extending period of unpaid parental leave--extending to use more of available parental leave period

Application of this section

             (1)  This section applies if:

                     (a)  an employee has, in accordance with section 74, given notice of the taking of a period of unpaid parental leave (the original leave period ); and

                     (b)  the original leave period is less than the employee's available parental leave period; and

                     (c)  the original leave period has started.

             (2)  The employee's available parental leave period is 12 months, less any periods of the following kinds:

                     (a)  a period of concurrent leave that the employee has taken in accordance with subsection 72(5);

                     (b)  a period of unpaid parental leave that the employee has been required to take under subsection 73(2) or 82(2);

                     (c)  a period by which the employee's entitlement to unpaid parental leave is reduced under paragraph 76(6)(c).

First extension by giving notice to employer

             (3)  The employee may extend the period of unpaid parental leave by giving his or her employer written notice of the extension at least 4 weeks before the end date of the original leave period. The notice must specify the new end date for the leave.

             (4)  Only one extension is permitted under subsection (3).

Further extensions by agreement with employer

             (5)  If the employer agrees, the employee may further extend the period of unpaid parental leave one or more times.

No entitlement to extension beyond available parental leave period

             (6)  The employee is not entitled under this section to extend the period of unpaid parental leave beyond the employee's available parental leave period.



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