Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 282

             (1)  For the purposes of this Division, paternity leave is:

                     (a)  a single, unbroken period of unpaid leave ( short paternity leave ) of up to one week taken by a male employee within the week starting on the day his spouse begins to give birth; or

                     (b)  a single, unbroken period of unpaid leave ( long paternity leave ), other than short paternity leave, taken by a male employee after his spouse gives birth to a living child so that the employee can be the child's primary care‑giver.

             (2)  Subject to this Subdivision and Subdivision G, an employee is entitled to paternity leave if:

                     (a)  he complies with the documentation requirements under Subdivision F, to the extent to which they apply to him; and

                     (b)  immediately before the first day on which the paternity leave is, or is to be, taken:

                              (i)  he has, or will have, completed at least 12 months continuous service with his employer; or

                             (ii)  he is, or will be, an eligible casual employee.

Note:          Entitlement to paternity leave is subject to the restrictions in sections 283 and 285 and Subdivision G.

             (3)  An employee is taken not to have been entitled to a period of paternity leave at any time after the start of the period if:

                     (a)  Subdivision F:

                              (i)  required the employee to give a document (the required document ) to his employer; and

                             (ii)  allowed the employee to give the required document to his employer after the start of the leave; and

                     (b)  when the employee started the leave, the employee had not given his employer the required document; and

                     (c)  the employee did not later give the required document to his employer within the period required under Subdivision F.

Note:          Under Subdivision F, an employee may be required to give his employer a medical certificate, an application or a statutory declaration (depending on the circumstances).

             (4)  Subject to this Division, an employee may take short paternity leave, long paternity leave, or both.