NSWIn ForceAct
Industrial Relations Act 1996
61Cancellation of parental leave
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#### 61 Cancellation of parental leave
61 Cancellation of parental leave
> > (1) Before starting leave Parental leave applied for but not commenced is automatically cancelled if—
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> > > (a) the employee withdraws the application for leave by written notice to the employer, or
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> > > (b) the pregnancy concerned terminates other than by the birth of a living child or the placement of the child concerned does not proceed.
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> > (2) After starting leave If—
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> > > (a) the pregnancy of an employee or an employee’s spouse terminates other than by the birth of a living child while the employee or spouse is on parental leave, or
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> > > (b) the child in respect of whom an employee is then on parental leave dies, or
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> > > (c) the placement of a child for adoption purposes with an employee then on adoption leave does not proceed or continue,
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> > the employee is entitled to resume work at a time nominated by his or her employer within 2 weeks after the date on which the employee gives his or her employer a notice in writing stating that the employee intends to resume work and the reason for the intended resumption.
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> > (3) Special leave not affected This section does not affect an employee’s entitlement to special maternity leave under section 71.