Sch 1 s 129Application provision—employer-funded paid parental leave under employment contracts

129 Application provision—employer‑funded paid parental leave under employment contracts

Contracts entered into after section 333X commences

(1) Section 333X (employer‑funded paid parental leave—preserved if child is stillborn or dies) applies in relation to an employee if:

(a) the employee would have had an entitlement to leave mentioned in paragraph 333X(1)(b); and

(b) the entitlement arises under a contract of employment; and

(c) the contract is entered into on or after the commencement of section 333X.

Contracts in effect immediately before section 333X commences

(2) Section 333X (employer‑funded paid parental leave cannot be refused or cancelled because of child’s stillbirth or death) also applies in relation to an employee if:

(a) the stillbirth or death mentioned in paragraph 333X(1)(a) occurs on or after the commencement of section 333X; and

(b) the employee would have had an entitlement to leave mentioned in paragraph 333X(1)(b); and

(c) the entitlement arises under a contract of employment; and

(d) the contract was in effect immediately before that commencement; and

(e) at that commencement, the employee:

(i) had not given notice of intention to take that leave; or

(ii) had given notice of intention to take that leave, but not all the requirements for seeking that leave had been met; or

(iii) had met all the requirements for seeking that leave, but had not been approved to take that leave; or

(iv) had been approved to take that leave, but had not commenced that leave; or

(v) had commenced that leave.

Note: Paragraph (d) also covers a contract that is varied after that commencement, as long as the contract (with or without the variation) was in effect immediately before that commencement.