This legislation has been repealed.
(1) This section applies if:
(a) during a substantial period while an employee is on ordinary maternity leave after the birth of a living child, the employee is not the child's primary care‑giver; and
(b) having regard to the length of that period and to any other relevant circumstances, it is reasonable to expect that the employee will not again become the child's primary care‑giver within a reasonable period.
(2) The employee's employer may give the employee written notice that, from a stated day no earlier than 4 weeks after the day the notice is given, any untaken ordinary maternity leave that the employee remains entitled to at the stated day is cancelled with effect from that day.
(3) The employee's entitlement to any untaken ordinary maternity leave in relation to the birth ends with effect from the day stated in the notice.
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