Sch 1 s 87Amendments about unpaid parental leave

87 Amendments about unpaid parental leave

(1) The amendments made by Schedule 2 to the amending Act apply in relation to an employee in respect of a child if the child’s date of birth, or day of placement, is on or after 1 July 2023.

(2) If:

(a) before the commencement of Schedule 2 to the amending Act, an employee gave notice to the employee’s employer in accordance with subsection 74(1) of the taking of a period of unpaid parental leave under section 72 in relation to a child; and

(b) the period of unpaid parental leave is covered by paragraph 72(3)(a) or (4)(a); and

(c) the child’s date of birth, or day of placement, is on or after 1 July 2023;

the period of unpaid parental leave is to be treated, after the commencement of Schedule 2 to the amending Act, as a continuous period of unpaid parental leave under section 71 of the amended Act.

(3) If:

(a) before the commencement of Schedule 2 to the amending Act, an employee gave notice to the employee’s employer in accordance with subsection 74(1) of the taking of a period of concurrent leave under subsection 72(5) in relation to a child; and

(b) the child’s date of birth, or day of placement, is on or after 1 July 2023;

the period of concurrent leave is to be treated, after the commencement of Schedule 2 to the amending Act, as a period of flexible unpaid parental leave under section 72A of the amended Act.

(4) If:

(a) before the commencement of Schedule 2 to the amending Act, an employee gave notice to the employee’s employer in accordance with subsection 74(1) of the taking of a period of unpaid parental leave under section 71, 72 or 72A in relation to a child; and

(b) the child’s date of birth, or day of placement, is on or after 1 July 2023;

then:

(c) the employee may give the employer a written notice (an amendment notice) that makes amendments to the subsection 74(1) notice that are consistent with the amended Act; and

(d) if the employee gives an amendment notice to the employer in relation to the child:

(i) the amendments made by the amendment notice must not take effect until at least 4 weeks after the amendment notice is given to the employer; and

(ii) any requirement imposed by this Act (other than subsection 74(4) or (4B)) in relation to the period within which the employer is to be given written notice of the taking of unpaid parental leave is waived for the taking of the unpaid parental leave covered by the amendment notice; and

(e) the employee is not entitled to give more than one amendment notice to the employer in relation to the child.