New South Wales Repealed Regulations

This legislation has been repealed.

POLICE REGULATION 2008 - REG 113

113 Maternity leave

(1) In this clause:

"birth" includes stillbirth.

"expected date of birth" , in relation to a member of the NSW Police Force who is pregnant, means a date specified by a medical practitioner to be the date on which the medical practitioner expects the member to give birth.

(2) A member of the NSW Police Force who is pregnant is, subject to this clause, entitled to be granted maternity leave:

(a) for a period (not exceeding 9 weeks on a full-time basis) prior to the expected date of birth, and

(b) for a maximum period of 12 months after the actual date of birth.

(3) Maternity leave referred to in subclause (2) (b):

(a) may be taken full-time for a period not exceeding 12 months, or

(b) may be taken part-time over a period not exceeding 2 years, or

(c) may be taken partly full-time and partly part-time over a proportionate period,

as the Commissioner may permit.

(4) A member of the NSW Police Force who has applied for or been granted maternity leave must, as soon as practicable after the end of her pregnancy (whether by the birth of a living child or otherwise), notify the Commissioner that her pregnancy has ended and the date on which it ended.

(5) A member of the NSW Police Force who has been granted maternity leave and whose child is stillborn may elect to take available sick leave instead of maternity leave.

(6) A member of the NSW Police Force who resumes duty immediately on the expiration of maternity leave:

(a) if the position occupied by her immediately before the commencement of that leave still exists, is entitled to be placed in that position, or

(b) if the position so occupied by her has ceased to exist, is entitled to be appointed (subject to the availability of other suitable positions) to another position for which she is qualified in accordance with the Act and this Regulation.

(7) Except as otherwise provided by subclause (8), maternity leave is to be granted without pay.

(8) A member of the NSW Police Force who:

(a) applies for maternity leave within such time and in such manner as the Commissioner may from time to time determine, and

(b) prior to the commencement of maternity leave, completes not less than 40 weeks' continuous service,

is entitled to payment at her ordinary rate of pay for a period not exceeding 9 weeks of maternity leave or the period of maternity leave taken, whichever is the shorter period.