New South Wales Consolidated Acts
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INDUSTRIAL RELATIONS ACT 1996 - SECT 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.
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