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Industrial Relations Act 2016
sec.45Employee to provide evidence to employer
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### sec.45 Employee to provide evidence to employer
If an employee takes carer’s leave to care for or support a person who is ill for more than 2 consecutive days, the employee must, if required by the employer, give the employer sufficient evidence to satisfy a reasonable person that the person is ill with an illness requiring care or support by another person.
If an employee takes carer’s leave to care for or support a person who has experienced domestic violence, the employee must, if required by the employer, give the employer—
a statutory declaration evidencing that the leave is necessary; or
evidence mentioned in section 45 (3) (a) to (d) .
The employee must give the employer—
notice of the intention to take carer’s leave; and
the name of the person requiring care and the person’s relationship to the employee; and
the reason for taking the leave; and
the period the employee estimates the employee will be absent; and
if the reason for taking the leave is because an unexpected emergency has arisen—the nature of the emergency.
The information mentioned in subsection (3) (a) to (e) must be given to the employer—
if practicable, before the employee takes the leave; or
otherwise, at the first reasonable opportunity.
An employer who receives evidence under this section about a person who has experienced domestic and family violence must not disclose the evidence to someone else unless the disclosure is required or permitted under an Act.
s 45 amd 2022 No. 27 s 7
(sec.45-ssec.1) If an employee takes carer’s leave to care for or support a person who is ill for more than 2 consecutive days, the employee must, if required by the employer, give the employer sufficient evidence to satisfy a reasonable person that the person is ill with an illness requiring care or support by another person.
(sec.45-ssec.2) If an employee takes carer’s leave to care for or support a person who has experienced domestic violence, the employee must, if required by the employer, give the employer— a statutory declaration evidencing that the leave is necessary; or evidence mentioned in section 45 (3) (a) to (d) .
(sec.45-ssec.3) The employee must give the employer— notice of the intention to take carer’s leave; and the name of the person requiring care and the person’s relationship to the employee; and the reason for taking the leave; and the period the employee estimates the employee will be absent; and if the reason for taking the leave is because an unexpected emergency has arisen—the nature of the emergency.
(sec.45-ssec.4) The information mentioned in subsection (3) (a) to (e) must be given to the employer— if practicable, before the employee takes the leave; or otherwise, at the first reasonable opportunity.
(sec.45-ssec.5) An employer who receives evidence under this section about a person who has experienced domestic and family violence must not disclose the evidence to someone else unless the disclosure is required or permitted under an Act.
- (a) a statutory declaration evidencing that the leave is necessary; or
- (b) evidence mentioned in section 45 (3) (a) to (d) .
- (a) notice of the intention to take carer’s leave; and
- (b) the name of the person requiring care and the person’s relationship to the employee; and
- (c) the reason for taking the leave; and
- (d) the period the employee estimates the employee will be absent; and
- (e) if the reason for taking the leave is because an unexpected emergency has arisen—the nature of the emergency.
- (a) if practicable, before the employee takes the leave; or
- (b) otherwise, at the first reasonable opportunity.