Section 58 - Industrial Relations Act 1996 - Notices and documents required to be given to employer

58Notices and documents required to be given to employer

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58 Notices and documents required to be given to employer

(1) Maternity leave The notices and documents to be given to the employer for the purposes of taking maternity leave are as follows—

(a) The employee should give at least 10 weeks’ written notice of the intention to take the leave.

(b) The employee must, at least 4 weeks’ before proceeding on leave, give written notice of the dates on which she proposes to start and end the period of leave.

(c) The employee must, before the start of leave, provide a certificate from a medical practitioner confirming that she is pregnant and the expected date of birth.

(d) The employee must, before the start of leave, provide a statutory declaration by the employee stating, if applicable, the period of any paternity or partner leave sought or taken by her spouse.

(2) Paternity or partner leave The notices and documents to be given to the employer for the purposes of taking paternity or partner leave are as follows—

(a) In the case of extended paternity or partner leave, the employee should give at least 10 weeks’ written notice of the intention to take the leave.

(b) The employee must, at least 4 weeks before proceeding on leave, give written notice of the dates on which the employee proposes to start and end the period of leave.

(c) The employee must, before the start of leave, provide a certificate from a medical practitioner confirming that the employee’s spouse is pregnant and the expected date of birth.

(d) In the case of extended paternity or partner leave, the employee must, before the start of leave, provide a statutory declaration by the employee stating—

(i) if applicable, the period of any maternity leave sought or taken by the employee’s spouse, and

(ii) that the employee is seeking that period of extended paternity or partner leave to become the primary care-giver of a child.

(3) Adoption leave The notices and documents to be given to the employer for the purposes of taking adoption leave are as follows—

(a) In the case of extended adoption leave, the employee should give written notice of any approval or other decision to adopt a child at least 10 weeks’ before the expected date of placement.