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

12   Subsection 71(3)

Repeal the subsection, substitute:

(3) If the leave is birth-related leave for a female employee who is pregnant with, or gives birth to, the child, the period of leave may start:

(a) up to 6 weeks before the expected date of birth of the child; or

(b) earlier, if the employer and employee so agree;

but must not start later than the date of birth of the child.

Note 1: If the employee is not fit for work, she may be entitled to:

(a) paid personal leave under Subdivision A of Division 7; or

(b) unpaid special maternity leave under section 80.

Note 2: If it is inadvisable for the employee to continue in her present position, she may be entitled under section 81:

(a) to be transferred to an appropriate safe job; or

(b) to paid no safe job leave.

Note 3: Section 344 prohibits the exertion of undue influence or undue pressure on the employee in relation to a decision by the employee whether to agree as mentioned in paragraph (3)(b) of this section.