New South Wales Consolidated Acts
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INDUSTRIAL RELATIONS ACT 1996 - SECT 70
Transfer to a safe job
70 Transfer to a safe job
(1) This section applies whenever the present work of a female employee is,
because of her pregnancy or breastfeeding, a risk to the health or safety of
the employee or of her unborn or new born child. The assessment of such a risk
is to be made on the basis of a medical certificate supplied by the employee
and of the obligations of the employer under the Work Health and Safety Act
2011 .
(2) The employer is to temporarily adjust the employee's working
conditions or hours of work to avoid exposure to that risk.
(3) If such an
adjustment is not feasible or cannot reasonably be required to be made, the
employer is to transfer the employee to other appropriate work that-- (a) will
not expose her to that risk, and
(b) is as nearly as possible comparable in
status and pay to that of her present work.
(4) If such a transfer is not
feasible or cannot reasonably be required to be made, the employer is to grant
the employee maternity leave under this Part (or any available paid sick
leave) for as long as is necessary to avoid exposure to that risk, as
certified by a medical practitioner.
(5) An employer who does not comply with
any obligation imposed on the employer by this section is guilty of an
offence. Maximum penalty (subsection (5)): 50 penalty units.
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