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Industrial Relations Act 2016
sec.59Entitlement to birth-related leave
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### sec.59 Entitlement to birth-related leave
A pregnant employee is entitled to an unbroken period of up to 52 weeks unpaid birth-related leave.
For the birth of a child of an employee’s spouse, the employee is entitled to—
a total of 8 weeks unpaid short birth-related leave; or
an unbroken period of up to 52 weeks unpaid long birth-related leave.
The employee’s short birth-related leave—
if the employee’s spouse gave birth to a child and is taking long birth-related leave—may be taken concurrently with the employee’s spouse’s long birth-related leave; and
may be taken in an unbroken period or broken periods; and
if the employee takes short birth-related leave other than immediately after the birth of the child—must be for a minimum 2-week period.
s 59 amd 2022 No. 27 s 10
(sec.59-ssec.1) A pregnant employee is entitled to an unbroken period of up to 52 weeks unpaid birth-related leave.
(sec.59-ssec.2) For the birth of a child of an employee’s spouse, the employee is entitled to— a total of 8 weeks unpaid short birth-related leave; or an unbroken period of up to 52 weeks unpaid long birth-related leave.
(sec.59-ssec.3) The employee’s short birth-related leave— if the employee’s spouse gave birth to a child and is taking long birth-related leave—may be taken concurrently with the employee’s spouse’s long birth-related leave; and may be taken in an unbroken period or broken periods; and if the employee takes short birth-related leave other than immediately after the birth of the child—must be for a minimum 2-week period.
- (a) a total of 8 weeks unpaid short birth-related leave; or
- (b) an unbroken period of up to 52 weeks unpaid long birth-related leave.
- (a) if the employee’s spouse gave birth to a child and is taking long birth-related leave—may be taken concurrently with the employee’s spouse’s long birth-related leave; and
- (b) may be taken in an unbroken period or broken periods; and
- (c) if the employee takes short birth-related leave other than immediately after the birth of the child—must be for a minimum 2-week period.