sec.1013Parental leave started under repealed Act

### sec.1013 Parental leave started under repealed Act This section applies if, immediately before the commencement, the continuing employee was on parental leave under the pre-commencement employment conditions. From the commencement, the employee is taken to be on the following type of parental leave under this Act— if the parental leave mentioned in subsection (1) was maternity leave, adoption leave or surrogacy leave—leave of the same name; if the parental leave mentioned in subsection (1) was long parental leave under old chapter 2 other than maternity leave—long birth-related leave; if the parental leave mentioned in subsection (1) was long birth-related leave under old chapter 2A—long birth-related leave; if the parental leave mentioned in subsection (1) was short parental leave under old chapter 2—short birth-related leave; if the parental leave mentioned in subsection (1) was short birth-related leave under old chapter 2A—short birth-related leave. A reference in chapter 2, part 3 to a type of parental leave includes, if the context permits, a reference to the corresponding type of parental leave under the pre-commencement employment conditions. Section 68 does not apply to the employee in relation to the parental leave. The employee may apply under chapter 2, part 3, division 8, subdivision 4 even if the person started parental leave before the commencement. From the commencement— an extension of the parental leave under old section 29(1) or 71GZ(1) is taken to be an extension under section 82(1); and if an application was made under old section 29A, 29B, 71GR or 71GS, but not decided by the employer, before the commencement—the application is taken to have been made under chapter 2, part 3, division 8, subdivision 4; and if the employee was transferred to a safe job under old section 36 or 71GZG before starting maternity leave—for section 88, the employee is taken to be have been transferred to a safe job under section 89. (sec.1013-ssec.1) This section applies if, immediately before the commencement, the continuing employee was on parental leave under the pre-commencement employment conditions. (sec.1013-ssec.2) From the commencement, the employee is taken to be on the following type of parental leave under this Act— if the parental leave mentioned in subsection (1) was maternity leave, adoption leave or surrogacy leave—leave of the same name; if the parental leave mentioned in subsection (1) was long parental leave under old chapter 2 other than maternity leave—long birth-related leave; if the parental leave mentioned in subsection (1) was long birth-related leave under old chapter 2A—long birth-related leave; if the parental leave mentioned in subsection (1) was short parental leave under old chapter 2—short birth-related leave; if the parental leave mentioned in subsection (1) was short birth-related leave under old chapter 2A—short birth-related leave. (sec.1013-ssec.3) A reference in chapter 2, part 3 to a type of parental leave includes, if the context permits, a reference to the corresponding type of parental leave under the pre-commencement employment conditions. (sec.1013-ssec.4) Section 68 does not apply to the employee in relation to the parental leave. (sec.1013-ssec.5) The employee may apply under chapter 2, part 3, division 8, subdivision 4 even if the person started parental leave before the commencement. (sec.1013-ssec.6) From the commencement— an extension of the parental leave under old section 29(1) or 71GZ(1) is taken to be an extension under section 82(1); and if an application was made under old section 29A, 29B, 71GR or 71GS, but not decided by the employer, before the commencement—the application is taken to have been made under chapter 2, part 3, division 8, subdivision 4; and if the employee was transferred to a safe job under old section 36 or 71GZG before starting maternity leave—for section 88, the employee is taken to be have been transferred to a safe job under section 89. - (a) if the parental leave mentioned in subsection (1) was maternity leave, adoption leave or surrogacy leave—leave of the same name; - (b) if the parental leave mentioned in subsection (1) was long parental leave under old chapter 2 other than maternity leave—long birth-related leave; - (c) if the parental leave mentioned in subsection (1) was long birth-related leave under old chapter 2A—long birth-related leave; - (d) if the parental leave mentioned in subsection (1) was short parental leave under old chapter 2—short birth-related leave; - (e) if the parental leave mentioned in subsection (1) was short birth-related leave under old chapter 2A—short birth-related leave. - (a) an extension of the parental leave under old section 29(1) or 71GZ(1) is taken to be an extension under section 82(1); and - (b) if an application was made under old section 29A, 29B, 71GR or 71GS, but not decided by the employer, before the commencement—the application is taken to have been made under chapter 2, part 3, division 8, subdivision 4; and - (c) if the employee was transferred to a safe job under old section 36 or 71GZG before starting maternity leave—for section 88, the employee is taken to be have been transferred to a safe job under section 89.