Commonwealth Numbered Acts

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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 70

Entitlement to unpaid parental leave

                   An employee is entitled to 12 months of unpaid parental leave if:

                     (a)  the leave is associated with:

                              (i)  the birth of a child of the employee or the employee's spouse or de facto partner; or

                             (ii)  the placement of a child with the employee for adoption; and

                     (b)  the employee has or will have a responsibility for the care of the child.

Note 1:       Entitlement is also affected by section 67 (which deals with length of the employee's service) and, for adoption, section 68 (which deals with the age etc. of the adopted child).

Note 2:       The 12 months is reduced by the amount of any unpaid special maternity leave the employee has taken (see subsection 80(7)).



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