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.

          (1A)  However, this section does not apply if section 77A applies to the unpaid parental leave (because the unpaid parental leave is birth-related leave and either the pregnancy ends other than by the child being born alive or the child dies after being born).

             (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 a female 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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