Australia Fair Work Act 2009 (Cth)
Part 2-2 Division 5: Parental leave and related entitlements – Australia Fair Work Act 2009 (Cth)

Australia Fair Work Act 2009 (Cth) s81-82A: ss 81 to 82A Transfer a pregnant employee to a safe job, or give paid or unpaid no safe job leave

Where a pregnant employee gives evidence (which may be a medical certificate) that she is fit for work but that it is inadvisable to continue in her present position during a stated risk period because of pregnancy-related illness or risks or hazards of the position, the employer transfers her to an appropriate safe job (same ordinary hours or hours she agrees) for the risk period with no other change to her terms, paying her full rate of pay for her previous position. If no safe job is available, an employee entitled to unpaid parental leave who has met the s 74 notice and evidence requirements gets paid no safe job leave at the base rate for ordinary hours for the risk period; one not entitled to unpaid parental leave gets unpaid no safe job leave. In the 6 weeks before the expected birth the employer may seek a further certificate and, in the stated cases, require unpaid parental leave (s 82).

Maintained by Gerard Blokdyk

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