New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 61

61 Cancellation of parental leave

(1) Before starting leave Parental leave applied for but not commenced is automatically cancelled if--

(a) the employee withdraws the application for leave by written notice to the employer, or

(b) the pregnancy concerned terminates other than by the birth of a living child or the placement of the child concerned does not proceed.

(2) After starting leave If--

(a) the pregnancy of an employee or an employee's spouse terminates other than by the birth of a living child while the employee or spouse is on parental leave, or

(b) the child in respect of whom an employee is then on parental leave dies, or

(c) the placement of a child for adoption purposes with an employee then on adoption leave does not proceed or continue,

the employee is entitled to resume work at a time nominated by his or her employer within 2 weeks after the date on which the employee gives his or her employer a notice in writing stating that the employee intends to resume work and the reason for the intended resumption.

(3) Special leave not affected This section does not affect an employee's entitlement to special maternity leave under section 71.