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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2021
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Fair Work Amendment (Improving Paid
Parental Leave for Parents of Stillborn
Babies) Bill 2021
No. , 2021
(Senator Keneally)
A Bill for an Act to amend the
Fair Work Act 2009
in relation to paid parental leave, and for related
purposes
No. , 2021
Fair Work Amendment (Improving Paid Parental Leave for Parents of
Stillborn Babies) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Fair Work Act 2009
3
No. , 2021
Fair Work Amendment (Improving Paid Parental Leave for Parents of
Stillborn Babies) Bill 2021
1
A Bill for an Act to amend the
Fair Work Act 2009
1
in relation to paid parental leave, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Fair Work Amendment (Improving Paid Parental
6
Leave for Parents of Stillborn Babies) Act 2021
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Fair Work Amendment (Improving Paid Parental Leave for Parents of
Stillborn Babies) Bill 2021
No. , 2021
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments
Schedule 1
No. , 2021
Fair Work Amendment (Improving Paid Parental Leave for Parents of
Stillborn Babies) Bill 2021
3
Schedule 1--Amendments
1
2
Fair Work Act 2009
3
1 Section 12
4
Insert:
5
paid parental leave
: see subsection 79AA(2).
6
2 After section 79
7
Insert:
8
79AA Effect of stillbirth on paid parental leave
9
Stillbirth--preserving entitlement to paid parental leave
10
(1) If:
11
(a) a child is stillborn; and
12
(b) an employee would have been entitled to paid parental leave,
13
if the child had been born alive;
14
then the employee is taken to be entitled to the paid parental leave,
15
despite the stillbirth of the child.
16
(2) For the purposes of this Act,
paid parental leave
means an
17
entitlement for an employee to take paid leave that:
18
(a) is leave associated with the birth of a child of the employee
19
or the employee's spouse or de facto partner; and
20
(b) is paid for by the employer; and
21
(c) is provided for by or under one or more of the following:
22
(i) a fair work instrument;
23
(ii) a workplace instrument;
24
(iii) a workplace law;
25
(iv) an order of an industrial body;
26
(v) a contract of employment between the employee and
27
employer;
28
(vi) the
Maternity Leave (Commonwealth Employees) Act
29
1973
;
30
Schedule 1
Amendments
4
Fair Work Amendment (Improving Paid Parental Leave for Parents of
Stillborn Babies) Bill 2021
No. , 2021
(vii) another law prescribed by the regulations for the
1
purposes of this subparagraph.
2
Stillbirth--employer cannot cancel paid parental leave
3
(3) If:
4
(a) a child is stillborn; and
5
(b) an employee is entitled to a period of paid parental leave in
6
relation to the child;
7
the employer is not entitled to cancel the period of leave or a part
8
of the period of leave.
9
Stillbirth--employee cancelling leave or returning to work
10
(4) If a child is stillborn, an employee who is entitled to a period of
11
paid parental leave in relation to the child may:
12
(a) before the period of leave starts, give his or her employer
13
written notice cancelling the leave; or
14
(b) if the period of leave has started, give his or her employer
15
written notice that the employee wishes to return to work on
16
a specified day.
17
(5) For the purposes of paragraph (4)(b), the specified day must be at
18
least 4 weeks after the employer receives the notice.
19
(6) If the employee takes action under subsection (4), the employee's
20
entitlement to paid parental leave in relation to the child ends:
21
(a) if the action is taken under paragraph (4)(a)--immediately
22
after the cancellation of the leave; or
23
(b) if the action is taken under paragraph (4)(b)--immediately
24
before the specified day.
25
Evidence
26
(7) If:
27
(a) an employee is taking, or proposing to take, paid parental
28
leave; and
29
(b) paragraph (1)(a) is relevant to the employee;
30
the employee must, if required by the employer, give the employer
31
evidence that would satisfy a reasonable person that
32
paragraph (1)(a) applies in relation to the employee.
33
Amendments
Schedule 1
No. , 2021
Fair Work Amendment (Improving Paid Parental Leave for Parents of
Stillborn Babies) Bill 2021
5
(8) Without limiting subsection (7), an employer may require the
1
evidence referred to in that subsection to be a medical certificate.
2
Section applies despite provisions to the contrary
3
(9) This section applies despite anything to the contrary in the relevant
4
instrument, order, contract or law referred to in paragraph (2)(c)
5
that provides for the entitlement to paid parental leave.
6
3 In the appropriate position in Schedule 1
7
Part 12--Amendments made by the Fair Work
8
Amendment (Improving Paid Parental
9
Leave for Parents of Stillborn Babies) Act
10
2021
11
12
51 Definitions
13
In this Part:
14
amending Act
means the
Fair Work Amendment (Improving Paid
15
Parental Leave for Parents of Stillborn Babies) Act 2021
.
16
Schedule 1 commencement day
means the day on which
17
Schedule 1 to the amending Act commences.
18
52 Amendments about stillbirths
19
The amendments of Division 5 (parental leave and related
20
entitlements) of Part 2-2 made by Schedule 1 to the amending Act
21
apply in relation to the stillbirth of a child on or after the
22
Schedule 1 commencement day.
23