sec.78Cancelling parental leave

### 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 .