74Notice and evidence requirements

74  Notice and evidence requirements General requirement to give notice of taking leave  (1) An employee must give the employee’s employer written notice of the taking of unpaid parental leave under section 71, or flexible unpaid parental leave, or both, by the employee. Notice requirements  (2)  The employee must give the notice to the employer:  (a) at least 10 weeks before starting any of the leave covered by the notice; or  (b) if that is not practicable, and:  (i) the first or only period of leave covered by the notice is leave to be taken under section 71; or  (ii) any of the leave covered by the notice starts before the child’s date of birth or expected date of birth;   as soon as practicable (which may be a time after any of the leave covered by the notice has started).  (2A) However, if the first or only period of leave covered by the notice is leave to be taken under section 72A, the notice may be given at any later time if the employer agrees.  (3) If any of the leave covered by the notice is to be taken under section 71, the notice must specify the intended start and end dates of the leave to be taken under section 71.  (3C) If any of the leave covered by the notice is to be taken under section 72A, the notice must specify the total number of days (flexible days) of flexible unpaid parental leave that the employee intends to take in relation to the child.  (3D) If the employer agrees, the employee may:  (a) reduce the number of flexible days, including by reducing the number of flexible days to zero; or  (b) increase the number of flexible days, but not so as to increase the number of flexible days above 100 (or, if a higher number of days is prescribed by regulations made for the purposes of subsection 72A(1), that higher number). Taking leave under section 71—confirming or changing intended start and end dates  (4) If any of the leave covered by the notice is to be taken under section 71, then at least 4 weeks before the intended start date specified in the notice given under subsection (1), the employee must:  (a) confirm the intended start and end dates of the leave to be taken under section 71; or  (b) advise the employer of any changes to the intended start and end dates of the leave to be taken under section 71; unless it is not practicable to do so. Taking flexible unpaid parental leave—notifying days on which employee will take leave  (4B) The employee must give the employer written notice of a flexible day on which the employee will take flexible unpaid parental leave:  (a) at least 4 weeks before that day; or  (b) if that is not practicable—as soon as practicable (which may be a time after the leave has started). Note: Whether or not it is practicable for the employee to give notice at least 4 weeks before that day will depend on the employee’s personal and family circumstances. For example, it may not be practicable for the employee to give notice at least 4 weeks before that day where the employee experiences a health issue, a pregnancy complication or an unexpected change in the employee’s child care arrangements.  (4C) If the employer agrees, the employee may change a day on which the employee takes flexible unpaid parental leave from a day specified in a notice under subsection (4B). Evidence requirements  (5) An employee who has given the employee’s employer notice of the taking of unpaid parental leave must, if required by the employer, give the employer evidence that would satisfy a reasonable person:  (a) if the leave is birth‑related leave:  (i) of the date of birth, or the expected date of birth, of the child; and  (ii) that paragraph 77A(1)(a) (which deals with the stillbirth of a child) applies in relation to the employee, if relevant; or  (b) if the leave is adoption‑related leave:  (i) of the day of placement, or the expected day of placement, of the child; and  (ii) that the child is, or will be, under 16 as at the day of placement, or the expected day of placement, of the child.  (6) Without limiting subsection (5), an employer may require the evidence referred to in paragraph (5)(a) to be a medical certificate. Example: If the application of paragraph 77A(1)(a) (which deals with the stillbirth of a child) is relevant—certification by a medical practitioner of the child as having been delivered.  (7) An employee is not entitled to take unpaid parental leave under section 71, or flexible unpaid parental leave, unless the employee complies with this section.