Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 78

78 Cancelling parental leave

(1) Parental leave applied for but not started is automatically cancelled if—

(a) the employee withdraws the application for leave by written notice to the employer; or

(b) the pregnancy ends other than by the birth of a living child or stillborn child; or

(c) the adoption of the child by the employee does not proceed; or

(d) a child does not start residing with the employee under the surrogacy arrangement; or

(e) a cultural recognition order transferring the parentage of a child to the employee is not made.

(2) Subsection (3) applies if, while an employee is on parental leave—

(a) the pregnancy ends other than by the birth of a living child; or

(b) the child in relation to whom the employee is on parental leave dies; or

(c) the adoption of the child by the employee does not proceed or continue; or

(d) the residence of the child with the employee under the surrogacy arrangement does not start or continue; or

(e) a cultural recognition order transferring the parentage of a child to the employee is discharged.

(3) The employee is entitled to resume work at a time nominated by the employer within 2 weeks after the day on which the employee gives the employer a written notice stating—

(a) the employee intends to resume work; and

(b) the reason for the resumption.

(4) This section does not affect an employee’s entitlement to—

(a) special pregnancy-related leave or sick leave under section 85 ; or

(b) late term pregnancy leave under section 85AA ; or

(c) if the pregnancy of an employee’s spouse ends other than by the birth of a living child or a stillborn child—short birth-related leave; or

(d) birth-related leave for the birth of a stillborn child under section 85A .