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Industrial Relations Act 2016
sec.71Employer to advise about parental leave entitlements
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### sec.71 Employer to advise about parental leave entitlements
Subsection (2) applies to an employer on becoming aware—
an employee or an employee’s spouse is pregnant; or
an employee is adopting a child; or
an employee is an intended parent under a surrogacy arrangement; or
an employee is a cultural parent who is applying for a cultural recognition order.
The employer must inform the employee of—
the employee’s parental leave entitlement under this division; and
the employee’s obligations to notify the employer of any matter under this division.
An employer can not rely on an employee’s failure to give a notice or other document required by this division unless the employer establishes that subsection (2) has been complied with.
s 71 amd 2020 No. 33 s 143
(sec.71-ssec.1) Subsection (2) applies to an employer on becoming aware— an employee or an employee’s spouse is pregnant; or an employee is adopting a child; or an employee is an intended parent under a surrogacy arrangement; or an employee is a cultural parent who is applying for a cultural recognition order.
(sec.71-ssec.2) The employer must inform the employee of— the employee’s parental leave entitlement under this division; and the employee’s obligations to notify the employer of any matter under this division.
(sec.71-ssec.3) An employer can not rely on an employee’s failure to give a notice or other document required by this division unless the employer establishes that subsection (2) has been complied with.
- (a) an employee or an employee’s spouse is pregnant; or
- (b) an employee is adopting a child; or
- (c) an employee is an intended parent under a surrogacy arrangement; or
- (d) an employee is a cultural parent who is applying for a cultural recognition order.
- (a) the employee’s parental leave entitlement under this division; and
- (b) the employee’s obligations to notify the employer of any matter under this division.