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Industrial Relations Act 2016
sec.78Cancelling parental leave
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### sec.78 Cancelling parental leave
Parental leave applied for but not started is automatically cancelled if—
the employee withdraws the application for leave by written notice to the employer; or
the pregnancy ends other than by the birth of a living child or stillborn child; or
the adoption of the child by the employee does not proceed; or
a child does not start residing with the employee under the surrogacy arrangement; or
a cultural recognition order transferring the parentage of a child to the employee is not made.
Subsection (3) applies if, while an employee is on parental leave—
the pregnancy ends other than by the birth of a living child; or
the child in relation to whom the employee is on parental leave dies; or
the adoption of the child by the employee does not proceed or continue; or
the residence of the child with the employee under the surrogacy arrangement does not start or continue; or
a cultural recognition order transferring the parentage of a child to the employee is discharged.
The employee is entitled to resume work at a time nominated by the employer within 2 weeks after the day on which the employee gives the employer a written notice stating—
the employee intends to resume work; and
the reason for the resumption.
This section does not affect an employee’s entitlement to—
special pregnancy-related leave or sick leave under section 85 ; or
late term pregnancy leave under section 85AA ; or
if the pregnancy of an employee’s spouse ends other than by the birth of a living child or a stillborn child—short birth-related leave; or
birth-related leave for the birth of a stillborn child under section 85A .
s 78 amd 2020 No. 33 s 144 ; 2022 No. 27 s 18 ; 2024 No. 40 s 6
(sec.78-ssec.1) Parental leave applied for but not started is automatically cancelled if— the employee withdraws the application for leave by written notice to the employer; or the pregnancy ends other than by the birth of a living child or stillborn child; or the adoption of the child by the employee does not proceed; or a child does not start residing with the employee under the surrogacy arrangement; or a cultural recognition order transferring the parentage of a child to the employee is not made.
(sec.78-ssec.2) Subsection (3) applies if, while an employee is on parental leave— the pregnancy ends other than by the birth of a living child; or the child in relation to whom the employee is on parental leave dies; or the adoption of the child by the employee does not proceed or continue; or the residence of the child with the employee under the surrogacy arrangement does not start or continue; or a cultural recognition order transferring the parentage of a child to the employee is discharged.
(sec.78-ssec.3) The employee is entitled to resume work at a time nominated by the employer within 2 weeks after the day on which the employee gives the employer a written notice stating— the employee intends to resume work; and the reason for the resumption.
(sec.78-ssec.4) This section does not affect an employee’s entitlement to— special pregnancy-related leave or sick leave under section 85 ; or late term pregnancy leave under section 85AA ; or if the pregnancy of an employee’s spouse ends other than by the birth of a living child or a stillborn child—short birth-related leave; or birth-related leave for the birth of a stillborn child under section 85A .
- (a) the employee withdraws the application for leave by written notice to the employer; or
- (b) the pregnancy ends other than by the birth of a living child or stillborn child; or
- (c) the adoption of the child by the employee does not proceed; or
- (d) a child does not start residing with the employee under the surrogacy arrangement; or
- (e) a cultural recognition order transferring the parentage of a child to the employee is not made.
- (a) the pregnancy ends other than by the birth of a living child; or
- (b) the child in relation to whom the employee is on parental leave dies; or
- (c) the adoption of the child by the employee does not proceed or continue; or
- (d) the residence of the child with the employee under the surrogacy arrangement does not start or continue; or
- (e) a cultural recognition order transferring the parentage of a child to the employee is discharged.
- (a) the employee intends to resume work; and
- (b) the reason for the resumption.
- (a) special pregnancy-related leave or sick leave under section 85 ; or
- (b) late term pregnancy leave under section 85AA ; or
- (c) if the pregnancy of an employee’s spouse ends other than by the birth of a living child or a stillborn child—short birth-related leave; or
- (d) birth-related leave for the birth of a stillborn child under section 85A .