Commonwealth Consolidated Acts

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Transfer to a safe job

  (1)   This section applies to a pregnant employee if the employee gives the employee's employer evidence that would satisfy a reasonable person that the employee is fit for work, but that it is inadvisable for the employee to continue in the employee's present position during a stated period (the risk period ) because of:

  (a)   illness, or risks, arising out of the employee's pregnancy; or

  (b)   hazards connected with that position.

Note:   Personal information given to an employer under this subsection may be regulated under the Privacy Act 1988 .

  (2)   If there is an appropriate safe job available, then 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.

Note:   If there is no appropriate safe job available, then the employee may be entitled to paid no safe job leave under section   81A or unpaid no safe job leave under 82A.

  (3)   An appropriate safe job is a safe job that has:

  (a)   the same ordinary hours of work as the employee's present position; or

  (b)   a different number of ordinary hours agreed to by the employee.

  (4)   If the employee is transferred to an appropriate safe job for the risk period, the employer must pay the employee for the safe job at the employee's full rate of pay (for the position the employee was in before the transfer) for the hours that the employee works in the risk period.

  (5)   If the employee's pregnancy ends before the end of the risk period, the risk period ends when the pregnancy ends.

  (6)   Without limiting subsection   (1), an employer may require the evidence to be a medical certificate.

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