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INDUSTRIAL RELATIONS ACT 2016 - SECT 56
Explanation of types of parental leave
(1) This division provides for parental leave.
(2) The types of
parental leave are as follows— (a) birth-related leave, for— (i) an
employee who is pregnant; or
(ii) an employee whose spouse gives birth;
Notes— 1 Birth-related leave for a pregnant employee may be taken by a
pregnant employee in connection with the child’s birth or to enable the
employee to be responsible for the care of the child.
2 Birth-related leave
for an employee whose spouse gives birth may be short (in connection with the
child’s birth) or long (to enable the employee to be responsible for the
care of the child).
(b) adoption leave, for an employee who adopts a child;
Note— Adoption leave may be short (in connection with the child’s
adoption) or long (to enable the employee to be responsible for the care of
the child).
(c) surrogacy leave, for an employee who is an intended parent
under a surrogacy arrangement; Note— Surrogacy leave may be short (when the
child born as a result of the surrogacy arrangement starts residing with the
employee) or long (to enable the employee to be responsible for the care of
the child).
(d) cultural parent leave, for an employee who is a
cultural parent under a cultural recognition order under the
Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020
. Note— Cultural parent leave may be short (in connection with the transfer
of parentage to the cultural parent) or long (to enable the employee to be
responsible for the care of the child).
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