Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 84A

Replacement employees

                   Before an employer engages an employee to perform the work of another employee who is going to take, or is taking, unpaid parental leave, the employer must notify the replacement employee:

                     (a)  that the engagement to perform that work is temporary; and

                     (b)  of the rights:

                              (i)  the employer; and

                             (ii)  the employee taking unpaid parental leave;

                            have under subsections 77A(2) and (3) (which provide a right to cancel the leave if the pregnancy ends other than by the birth of a living child or if the child dies after birth); and

                     (c)  of the rights the employee taking unpaid parental leave has under:

                              (i)  subsections 77A(4) to (6) (which provide a right to end the leave early if the pregnancy ends other than by the birth of a living child or if the child dies after birth); and

                             (ii)  section 84 (which deals with the return to work guarantee); and

                     (d)  of the effect of section 78 (which provides the employer with a right to require the employee taking unpaid parental leave to return to work if the employee ceases to have any responsibility for the care of the child).



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