Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 78

Employee who ceases to have responsibility for care of child

  (1)   This section applies to an employee who has taken unpaid parental leave in relation to a child if the employee ceases to have any responsibility for the care of the child for a reason other than because the child:

  (a)   is stillborn; or

  (b)   dies during the 24 - month period starting on the child's date of birth.

  (2)   The employer may give the employee written notice requiring the employee to return to work on a specified day.

  (3)   The specified day:

  (a)   must be at least 4 weeks after the notice is given to the employee; and

  (b)   if the leave is birth - related leave taken by an employee who has given birth--must not be earlier than 6 weeks after the date of birth of the child.

  (4)   The employee's entitlement to unpaid parental leave in relation to the child ends immediately before the specified day.


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