Paid Parental Leave and Other Legislation Amendment (Dad and Partner Pay and Other Measures) Act 2012 (109 of 2012)

Schedule 2   Other amendments

Part 2   Amendments commencing the day after Royal Assent

Fair Work Act 2009

19   After section 84

Insert:

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 personal 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).