30LEntitlement affected by other adoption leave available to employee

30L Entitlement affected by other adoption leave available to employee (1) This regulation applies if, had this Division not been enacted: (a) an employee could have applied, in respect of the placement of a child, for short adoption leave or long adoption leave to which paragraphs (a) and (b) of the definition of short adoption leave or long adoption leave, as the case may be, in regulation 30G apply; and (b) if the employee had so applied in accordance with the rules governing that adoption leave, the employee would have a legally enforceable right to a period of such leave; whether or not the employee has in fact so applied. (2) The period of leave referred to in paragraph (1) (b) is called the period of alternative leave. (3) The period of Division 2 short adoption leave or Division 2 long adoption leave, as the case may be, that the employer would, but for this regulation, be required to grant to the employee in respect of the placement of the child is called the unadjusted period of adoption leave. (4) If the period of alternative leave is as long as, or longer than, the unadjusted period of adoption leave, the employer must not grant Division 2 short adoption leave or Division 2 long adoption leave, as the case may be, in respect of the placement. (5) Otherwise, the employer must grant to the employee, instead of the unadjusted period of adoption leave, a period of short adoption leave, or long adoption leave, as the case may be, that: (a) equals the difference between the unadjusted period of adoption leave and the period of alternative leave; and (b) begins immediately after the period of alternative leave if the employer grants it; and (c) in other respects complies with the employee’s entitlements under this Division. > Note This regulation assumes that an employee will make a single application for a composite period of adoption leave to which the employee is entitled, and that the application will be made in accordance with both this Division and the rules governing the other kind of adoption leave for which the employee is applying.