Commonwealth Repealed Acts Commonwealth Repealed ActsThis legislation has been repealed.
(1) This section applies to an employee who returns to work after a period of leave including (or constituted by) maternity leave (the maternity‑related leave period ) if:
(a) the employee gives her employer written notice of the proposed day of her return to work no later than 4 weeks before that day; or
(b) the period of leave includes (or is constituted by) special maternity leave, and does not include any ordinary maternity leave; or
(c) the employee's entitlement to ordinary maternity leave ends under section 276 or 277.
(2) This section also applies if an employee returns to work after a period of leave under subparagraph 268(2)(b)(i) or (ii).
(3) Subject to subsections (4) and (5), the employee is entitled to return:
(a) unless paragraph (b) or (c) applies--to the position she held immediately before the start of the maternity‑related leave period; or
(b) if she was promoted or voluntarily transferred to a new position (other than to a safe job under paragraph 268(2)(a)) during the maternity‑related leave period--to the new position; or
(c) if paragraph (b) does not apply, and she began working part‑time because of her pregnancy--to the position she held immediately before starting to work part‑time.
(4) If subsection (3) would, apart from this subsection, entitle the employee to return to a position that the employee had been transferred to under paragraph 268(2)(a), the employee is instead entitled to return to the position she held immediately before the transfer.
(5) If the position (the former position ) no longer exists, and the employee is qualified and able to work for her employer in another position, the employee is entitled to return to:
(a) that position; or
(b) if there are 2 or more such positions--whichever position is nearest in status and remuneration to the former position.
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