Making the request
(2) The request must be in writing, and must be given to the employer at least 4 weeks before the end of the available parental leave period.
Agreeing to the requested extension
(3) The employer must give the employee a written response to the request stating whether the employer grants or refuses the request. The response must be given as soon as practicable, and not later than 21 days, after the request is made.
(4) The employer may refuse the request only on reasonable business grounds.
(5) If the employer refuses the request, the written response under subsection (3) must include details of the reasons for the refusal.
Special rules for employee couples
(6) The following paragraphs apply in relation to a member of an employee couple extending a period of unpaid parental leave in relation to a child under this section:
(a) the request must specify any amount of unpaid parental leave and unpaid special maternity leave that the other member of the employee couple has taken, or will have taken, in relation to the child before the extension starts;
(b) the period of the extension cannot exceed 12 months, less any period of unpaid parental leave or unpaid special maternity leave that the other member of the employee couple has taken, or will have taken, in relation to the child before the extension starts;
(c) the amount of unpaid parental leave to which the other member of the employee couple is entitled under section 70 in relation to the child is reduced by the period of the extension.
No extension beyond 24 months after birth or placement
(7) Despite any other provision of this Division, the employee is not entitled to extend the period of unpaid parental leave beyond 24 months after the date of birth or day of placement of the child.
77 Reducing period of unpaid parental leave
If the employer agrees, an employee whose period of unpaid parental leave has started may reduce the period of unpaid parental leave he or she takes.
78 Employee who ceases to have responsibility for care of child
(1) This section applies to an employee who has taken unpaid parental leave in relation to a child if the employee ceases to have any responsibility for the care of the child.
(2) The employer may give the employee written notice requiring the employee to return to work on a specified day.
(3) The specified day:
(a) must be at least 4 weeks after the notice is given to the employee; and
(b) if the leave is birth-related leave taken by a female employee who has given birth — must not be earlier than 6 weeks after the date of birth of the child.
(4) The employee’s entitlement to unpaid parental leave in relation to the child ends immediately before the specified day.
79 Interaction with paid leave
(1) This Subdivision (except for subsections (2) and (3)) does not prevent an employee from taking any other kind of paid leave while he or she is taking unpaid parental leave. If the employee does so, the taking of that other paid leave does not break the continuity of the period of unpaid parental leave.
Note: For example, if the employee has paid annual leave available, he or she may (with the employer’s agreement) take some or all of that paid annual leave at the same time as the unpaid parental leave.
(2) An employee is not entitled to take paid personal/carer’s leave or compassionate leave while he or she is taking unpaid parental leave.
(3) An employee is not entitled to any payment under Division 8 (which deals with community service leave) in relation to activities the employee engages in while taking unpaid parental leave.
Subdivision C — Other entitlements
80 Unpaid special maternity leave
Entitlement to unpaid special maternity leave
(1) A female employee is entitled to a period of unpaid special maternity leave if she is not fit for work during that period because:
(a) she has a pregnancy-related illness; or
(b) she has been pregnant, and the pregnancy ends within 28 weeks of the expected date of birth of the child otherwise than by the birth of a living child.
Note: Entitlement is also affected by section 67 (which deals with the length of the employee’s service).
Notice and evidence
(2) An employee must give her employer notice of the taking of unpaid special maternity leave by the employee.
(3) The notice:
(a) must be given to the employer as soon as practicable (which may be a time after the leave has started); and
(b) must advise the employer of the period, or expected period, of the leave.
(4) An employee who has given her employer notice of the taking of unpaid special maternity leave must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the leave is taken for a reason specified in subsection (1).
(5) Without limiting subsection (4), an employer may require the evidence referred to in that subsection to be a medical certificate.
(6) An employee is not entitled to take unpaid special maternity leave unless the employee complies with subsections (2) to (4).
Taking of special maternity leave reduces entitlement to unpaid parental leave
(7) A female employee’s entitlement to 12 months of unpaid parental leave associated with the birth of a child (see section 70) is reduced by the amount of any unpaid special maternity leave taken by the employee while she was pregnant.
Note: Personal information given to an employer under this section may be regulated under the Privacy Act 1988.
81 Transfer to a safe job
Application of this section
(1) This section applies to a pregnant employee if:
(a) she is entitled to unpaid parental leave; and
(b) she has already complied with the notice and evidence requirements of section 74 for taking unpaid parental leave; and
(c) she gives her employer evidence that would satisfy a reasonable person that she is fit for work, but that it is inadvisable for her to continue in her present position during a stated period (the risk period) because of:
(i) illness, or risks, arising out of her pregnancy; or
(ii) hazards connected with that position.
Note: Personal information given to an employer under this subsection may be regulated under the Privacy Act 1988.
(2) Without limiting paragraph (1)(c), an employer may require the evidence referred to in that paragraph to be a medical certificate.
Employee entitled to appropriate safe job or paid no safe job leave during risk period
(3) If this section applies to an employee:
(a) if there is an appropriate safe job available — the employer must transfer the employee to that job for the risk period, with no other change to the employee’s terms and conditions of employment; or
(b) if there is no appropriate safe job available — the employee is entitled to take paid no safe job leave for the risk period.
(4) An appropriate safe job is a safe job that has:
(a)