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Fair Work Act 2009
78Employee who ceases to have responsibility for care of child
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78 Employee who ceases to have responsibility for care of child
(1) This section applies to an employee who has taken unpaid parental leave in relation to a child if the employee ceases to have any responsibility for the care of the child for a reason other than because the child:
(a) is stillborn; or
(b) dies during the 24‑month period starting on the child’s date of birth.
(2) The employer may give the employee written notice requiring the employee to return to work on a specified day.
(3) The specified day:
(a) must be at least 4 weeks after the notice is given to the employee; and
(b) if the leave is birth‑related leave taken by an employee who has given birth—must not be earlier than 6 weeks after the date of birth of the child.
(4) The employee’s entitlement to unpaid parental leave in relation to the child ends immediately before the specified day.