Common use of Ordinary Maternity Leave Clause in Contracts

Ordinary Maternity Leave. (a) Subject to the requirements of this sub-clause, a pregnant employee may access any one of the following ordinary maternity leave entitlements: (i) up to 52 weeks unpaid leave, where the employee has less than 12 months continuous service, or an eligible casual employee, at the time of commencing leave; (ii) up to three years leave, with the first 14 weeks to be paid, provided the employee has completed at least one (1) and less than five (5) years continuous service at the time of commencing leave; or (iii) up to three (3) years leave, with the first 18 weeks to be paid, provided the employee has completed five (5) or more years continuous service at the time of commencing leave. (b) Where an employee’s qualifying period of 12 months continuous service referred to in paragraph (a)(ii) ends within 14 weeks of the date on which the employee commenced ordinary maternity leave, paid leave will only apply for that part of the 14 week period commencing after the end of the qualifying period. (c) Where an employee’s qualifying period of five (5) years continuous service referred to in sub-paragraph (a)(iii) ends within 18 weeks of the date on which the employee commenced ordinary maternity leave, the first 14 weeks will be paid leave and any additional paid leave (up to 4 weeks) will only apply for that part of the 18 week period commencing after the end of the qualifying period. (d) To be entitled to ordinary maternity leave, an employee must give her CEO the following notice and evidence: (i) not less than 10 weeks before the expected date of the birth, a medical certificate stating the expected date of birth; (ii) not less than four (4) weeks before the intended date of commencement of leave, written notice of the date on which the employee intends to commence leave and the period of leave to be taken, along with a statutory declaration stating that the employee intends to be the child’s primary care-giver at all times whilst on leave; and (iii) as soon as is practicable, a copy of the child’s birth certificate. (e) The employee will not be in breach of paragraph (d) if the failure to give the required notification and evidence is because of the birth occurring earlier than expected or any other compelling circumstance. (f) An employee may commence ordinary maternity leave at any time within six (6) weeks immediately prior to the expected date of birth. (g) Where an employee continues to work within the six (6) week period immediately prior to the expected date of birth, the employee must provide a medical certificate stating that she is fit to work on her normal duties. (h) The CEO may require the employee to start ordinary maternity leave if the employee: (i) does not give the CEO the requested certificate within seven (7) days after the request; or (ii) within seven (7) days after the request for the certificate, gives the CEO a medical certificate stating that the employee is unfit to work.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

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Ordinary Maternity Leave. (a) Subject to the requirements of this sub-clause, a pregnant employee Employee may access any one of the following ordinary maternity leave entitlements: (i) up to 52 weeks unpaid leave, where the employee Employee has less than 12 months continuous service, or an eligible casual employee, at the time of commencing leave; (ii) up to three years leave, with the first 14 weeks to be paid, provided the employee Employee has completed at least one (1) and less than five (5) years continuous service at the time of commencing leave; or (iii) up to three (3) years leave, with the first 18 weeks to be paid, provided the employee Employee has completed five (5) or more years continuous service at the time of commencing leave. (b) Where an employeeEmployee’s qualifying period of 12 months continuous service referred to in paragraph (a)(iiclause 55.4(a)(ii) ends within 14 weeks of the date on which the employee Employee commenced ordinary maternity leave, paid leave will only apply for that part of the 14 week period commencing after the end of the qualifying period. (c) Where an employeeEmployee’s qualifying period of five (5) years continuous service referred to in sub-paragraph (a)(iiiclause 55.4(a)(i) ends within 18 weeks of the date on which the employee Employee commenced ordinary maternity leave, the first 14 weeks will be paid leave and any additional paid leave (up to 4 weeks) will only apply for that part of the 18 week period commencing after the end of the qualifying period. (d) To be entitled to ordinary maternity leave, an employee Employee must give her CEO the following notice and evidence: (i) not less than 10 weeks before the expected date of the birth, a medical certificate stating the expected date of birth; (ii) not less than four (4) weeks before the intended date of commencement of leave, written notice of the date on which the employee Employee intends to commence leave and the period of leave to be taken, along with a statutory declaration stating that the employee Employee intends to be the child’s primary care-giver at all times whilst on leave; and (iii) as soon as is practicable, a copy of the child’s birth certificate. (e) The employee Employee will not be in breach of paragraph (d) if clause 55.4(d)if the failure to give the required notification and evidence is because of the birth occurring earlier than expected or any other compelling circumstance. (f) An employee Employee may commence ordinary maternity leave at any time within six (6) weeks immediately prior to the expected date of birth. (g) Where an employee Employee continues to work within the six (6) week period immediately prior to the expected date of birth, the employee Employee must provide a medical certificate stating that she is fit to work on her normal duties. (h) The CEO may require the employee Employee to start ordinary maternity leave if the employeeEmployee: (i) does not give the CEO the requested certificate within seven (7) days after the request; or (ii) within seven (7) days after the request for the certificate, gives the CEO a medical certificate stating that the employee Employee is unfit to work.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

Ordinary Maternity Leave. (a) Subject to the requirements of this sub-clause, a pregnant employee Employee may access any one of the following ordinary maternity leave entitlements: (i) up to 52 weeks unpaid leave, where the employee Employee has less than 12 months continuous service, or an eligible casual employee, at the time of commencing leave; (ii) up to three (3) years leave, with the first 14 weeks to be paid, provided the employee Employee has completed at least one (1) and less than five (5) years continuous service at the time of commencing leave; or (iii) up to three (3) years leave, with the first 18 weeks to be paid, provided the employee Employee has completed five (5) or more years continuous service at the time of commencing leave. (b) Where an employeeEmployee’s qualifying period of 12 months continuous service referred to in paragraph (a)(ii) ends within 14 weeks of the date on which the employee Employee commenced ordinary maternity leave, paid leave will only apply for that part of the 14 week period commencing after the end of the qualifying period. (c) Where an employeeEmployee’s qualifying period of five (5) years continuous service referred to in sub-paragraph (a)(iii) ends within 18 weeks of the date on which the employee Employee commenced ordinary maternity leave, the first 14 weeks will be paid leave and any additional paid leave (up to 4 weeks) will only apply for that part of the 18 week period commencing after the end of the qualifying period. (d) To be entitled to ordinary maternity leave, an employee Employee must give her CEO the following notice and evidence: (i) not less than 10 weeks before the expected date of the birth, a medical certificate stating the expected date of birth; (ii) not less than four (4) weeks before the intended date of commencement of leave, written notice of the date on which the employee Employee intends to commence leave and the period of leave to be taken, along with a statutory declaration stating that the employee Employee intends to be the child’s primary care-giver at all times whilst on leave; and (iii) as soon as is practicable, a copy of the child’s birth certificate. (e) The employee Employee will not be in breach of paragraph (d) if the failure to give the required notification and evidence is because of the birth occurring earlier than expected or any other compelling circumstance. (f) An employee Employee may commence ordinary maternity leave at any time within six (6) weeks immediately prior to the expected date of birth. (g) Where an employee Employee continues to work within the six (6) week period immediately prior to the expected date of birth, the employee Employee must provide a medical certificate stating that she is fit to work on her normal duties. (h) The CEO may require the employee Employee to start ordinary maternity leave if the employeeEmployee: (i) does not give the CEO the requested certificate within seven (7) days after the request; or (ii) within seven (7) days after the request for the certificate, gives the CEO a medical certificate stating that the employee Employee is unfit to work.

Appears in 1 contract

Samples: Enterprise Agreement

Ordinary Maternity Leave. (a) Subject to the requirements of this sub-clause, a pregnant employee member may access any one of the following ordinary maternity leave entitlements: (i) up to 52 weeks unpaid leave, where the employee member has less than 12 months continuous service, or an eligible casual employee, at the time of commencing leave; (ii) up to (3) three years leave, with the first 14 weeks to be paid, provided the employee member has completed at least one (1) and less than five (5) years continuous service at the time of commencing leave; or (iii) up to three (3) years leave, with the first 18 weeks to be paid, provided the employee member has completed five (5) or more years continuous service at the time of commencing leave. (b) Where an employeea member’s qualifying period of 12 months continuous service referred to in paragraph sub-clause (a)(ii) ends within 14 weeks of the date on which the employee member commenced ordinary maternity leave, paid leave will only apply for that part of the 14 week period commencing after the end of the qualifying period. (c) Where an employeea member’s qualifying period of five (5) years continuous service referred to in sub-paragraph clause (a)(iii) ends within 18 weeks of the date on which the employee member commenced ordinary maternity leave, the first 14 weeks will be paid leave and any additional paid leave (up to 4 weeks) will only apply for that part of the 18 week period commencing after the end of the qualifying period. (d) To be entitled to ordinary maternity leave, an employee a member must give her CEO Officer in Charge the following notice and evidence: (i) not less than 10 weeks before the expected date of the birth, a medical certificate stating the expected date of birth; (ii) not less than four (4) weeks before the intended date of commencement of leave, written notice of the date on which the employee member intends to commence leave and the period of leave to be taken, along with a statutory declaration stating that the employee member intends to be the child’s primary care-giver at all times whilst on leave; and (iii) as soon as is practicable, a copy of the child’s birth certificate. (e) The employee member will not be in breach of paragraph sub-clause (d) if the failure to give the required notification and evidence is because of the birth occurring earlier than expected or any other compelling circumstance. (f) An employee may commence Subject to sub-clause (g) a member taking ordinary maternity leave at any time within shall commence the absence on leave six (6) weeks immediately prior to before the expected date of birth and the absence shall extend at least six (6) weeks after the actual date of birth. (g) Where an employee continues A member may remain at work later than six (6) weeks prior to work within the expected date of birth and may resume duty during the six (6) week period immediately prior following actual date of birth subject to the expected date approval of birth, the employee must provide Commissioner and production of a medical certificate supporting the application stating that she is fit to work on her normal duties. (h) The CEO Commissioner may require the employee member to start ordinary maternity leave if the employeemember: (i) does not give the CEO Commissioner the requested certificate within seven (7) days after the request; or (ii) within seven (7) days after the request for the certificate, gives the CEO Commissioner a medical certificate stating that the employee member is unfit to work.

Appears in 1 contract

Samples: Northern Territory Police Force Consent Agreement 2014

Ordinary Maternity Leave. (a) Subject to the requirements of this sub-clause, a pregnant an employee may access any one of the following ordinary maternity leave entitlements: (i) up to 52 weeks unpaid leave, where the employee has less than 12 months continuous service, or an eligible casual employee, at the time of commencing leave; (ii) up to three years 52 weeks leave, with the first 14 weeks to be paid, provided the employee has completed at least one (1) and less than five (5) years 12 months continuous service at the time of commencing leave; or (iii) up to three (3) 6 years unpaid leave, with the first 18 weeks to be paid, provided the employee has completed five (5) or more years 12 months continuous service at the time of commencing leave. (b) Where an employee’s qualifying period of 12 months continuous service referred to in paragraph (a)(ii) ends within 14 weeks of the date on which the employee commenced ordinary maternity leave, paid leave will shall only apply for that part of the 14 week period commencing after the end of the qualifying period. (c) Where an employee’s qualifying period of five (5) years continuous service referred to in sub-paragraph (a)(iii) ends within 18 weeks of the date on which the employee commenced ordinary maternity leave, the first 14 weeks will be paid leave and any additional paid leave (up to 4 weeks) will only apply for that part of the 18 week period commencing after the end of the qualifying period. (d) To be entitled to ordinary maternity leave, an employee must give her CEO the MD the following notice and evidencedocuments: (i) not less than 10 weeks before the expected date of the birth, a medical certificate stating the expected date of birth; (ii) not less than four (4) 4 weeks before the intended date of commencement of leave, written notice of the date on which the employee intends to commence leave and the period of leave to be taken, along with a statutory declaration stating that the employee intends to be the child’s primary care-giver at all times whilst on leave; and (iii) as soon as is practicable, a copy of the child’s birth certificate. (ed) The employee will shall not be in breach of paragraph (dc) if the failure to give the required notification and evidence documents is because of the birth occurring earlier than expected or any other compelling circumstance. (fe) An employee may commence ordinary maternity leave at any time within six (6) weeks immediately prior to the expected date of birth. (gf) Where an employee continues to work within the six (6) week period immediately prior to the expected date of birth, the employee must provide a medical certificate from a registered medical practitioner stating that she is fit to work on her normal duties. (hg) The CEO MD may require the employee to start ordinary maternity leave if the employee: (i) does not give the CEO MD the requested required certificate within seven (7) 7 days after the requesta request to do so; or (ii) within seven (7) 7 days after the request for the certificatesuch request, gives the CEO MD a medical certificate stating that the employee is unfit to work. (h) Where a pregnant employee who has already complied with the requirements of sub- clause (c) provides the MD with a medical certificate from a registered medical practitioner stating that the employee is fit to work, but illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the MD must, if reasonably practicable, transfer the employee to a safe job with no other change to the employee’s terms and conditions of employment until the commencement of ordinary maternity leave. (i) If it is not reasonably practicable to transfer the employee to a safe job, the employee may take paid leave, or the MD may require the employee to take paid leave immediately for a period which ends at the earliest of either: (i) the end of the period stated in the medical certificate; (ii) the day before the employee commences ordinary maternity leave; or

Appears in 1 contract

Samples: Collective Agreement

Ordinary Maternity Leave. (a) Subject to the requirements of this sub-clause, a pregnant employee Employee may access any one of the following ordinary maternity leave entitlements: (i) up to 52 weeks unpaid leave, where the employee Employee has less than 12 months continuous service, or an eligible casual employee, at the time of commencing leave; (ii) up to three (3) years leave, with the first 14 weeks to be paid, provided the employee Employee has completed at least one (1) and less than five (5) years continuous service at the time of commencing leave; or (iii) up to three (3) years leave, with the first 18 weeks to be paid, provided the employee Employee has completed five (5) or more years continuous service at the time of commencing leave. (b) Where an employeeEmployee’s qualifying period of 12 months continuous service referred to in paragraph (a)(ii) ends within 14 weeks of the date on which the employee Employee commenced ordinary maternity leave, paid leave will only apply for that part of the 14 week period commencing after the end of the qualifying period. (c) Where an employeeEmployee’s qualifying period of five (5) years continuous service referred to in sub-paragraph (a)(iii) ends within 18 weeks of the date on which the employee Employee commenced ordinary maternity leave, the first 14 weeks will be paid leave and any additional paid leave (up to 4 weeks) will only apply for that part of the 18 week period commencing after the end of the qualifying period. (d) To be entitled to ordinary maternity leave, an employee Employee must give her CEO the following notice and evidence: (i) not less than 10 weeks before the expected date of the birth, a medical certificate stating the expected date of birth; (ii) not less than four (4) weeks before the intended date of commencement of leave, written notice of the date on which the employee Employee intends to commence leave and the period of leave to be taken, along with a statutory declaration stating that the employee Employee intends to be the child’s primary care-giver at all times whilst on leave; and (iii) as soon as is practicable, a copy of the child’s birth certificate. (e) The employee Employee will not be in breach of paragraph (d) if the failure to give the required notification and evidence is because of the birth occurring earlier than expected or any other compelling circumstance. (f) An employee Employee may commence ordinary maternity leave at any time within six (6) weeks immediately prior to the expected date of birth. (g) Where an employee Employee continues to work within the six (6) week period immediately prior to the expected date of birth, the employee Employee must provide a medical certificate stating that she is fit to work on her normal duties. (h) The CEO may require the employee Employee to start ordinary maternity leave if the employeeEmployee: (i) does not give the CEO the requested certificate within seven (7) days after the request; or (ii) within seven (7) days after the request for the certificate, gives the CEO a medical certificate stating that the employee Employee is unfit to work. (i) Transfer to a Safe Job (i) Where a pregnant Employee eligible for ordinary maternity leave under sub-clause 49.4, who has already complied with the requirements of paragraph (d), provides the CEO with a medical certificate from a medical practitioner stating that the Employee is fit to work, but illness or risks arising out of the pregnancy or hazards connected with the work assigned to the Employee make it inadvisable for the Employee to continue at her present work during a stated period (the risk period), the CEO must, if reasonably practicable, transfer the Employee to an appropriate safe job with no other change to the Employee’s terms and conditions of employment for the hours that she works during the risk period. (ii) If the Employee’s pregnancy ends before the end of the risk period, the risk period ends when the pregnancy ends. (j) No Safe Job Leave (i) If it is not reasonably practicable to transfer the Employee to an appropriate safe job, the Employee is entitled to take paid no safe job leave for the risk period until the earliest of either: A. the end of the risk period stated in the medical certificate; B. the day before the Employee commences ordinary maternity leave; or C. the day before the end of the pregnancy. (ii) The Employee is entitled to her base rate of pay for her ordinary hours of work in the risk period. (k) Where an Employee’s child dies during a period of ordinary maternity leave, the Employee may continue on leave for a maximum period of 52 weeks from the date of commencement of leave, unless the Employee elects to resume duty, in which case the provisions of sub-clause 49.14 apply. (l) Subject to notice and evidence requirements set out in paragraph (d), where an Employee becomes pregnant whilst on a period of ordinary maternity leave, the employee can elect to commence another period of leave up to the maximum entitlement, in accordance with sub-clause 49.4(a)(i), 49.4 (a)(ii) or 49.4(a)(iii) from the date of the birth of the child resulting from the subsequent pregnancy.

Appears in 1 contract

Samples: Enterprise Agreement

Ordinary Maternity Leave. (a) Subject to the requirements of this sub-clause, a pregnant employee Employee may access any one of the following ordinary maternity leave entitlements: (i) up to 52 weeks unpaid leave, where the employee Employee has less than 12 months continuous service, or an eligible casual employee, at the time of commencing leave; (ii) up to three (3) years leave, with the first 14 weeks to be paid, provided the employee Employee has completed at least one (1) and less than five (5) years continuous service at the time of commencing leave; or (iii) up to three (3) years leave, with the first 18 weeks to be paid, provided the employee Employee has completed five (5) or more years continuous service at the time of commencing leave. (b) Where an employeeEmployee’s qualifying period of 12 months continuous service referred to in paragraph (a)(ii) ends within 14 weeks of the date on which the employee Employee commenced ordinary maternity leave, paid leave will only apply for that part of the 14 week period commencing after the end of the qualifying period. (c) Where an employeeEmployee’s qualifying period of five (5) years continuous service referred to in sub-paragraph (a)(iii) ends within 18 weeks of the date on which the employee Employee commenced ordinary maternity leave, the first 14 weeks will be paid leave and any additional paid leave (up to 4 weeks) will only apply for that part of the 18 week period commencing after the end of the qualifying period. (d) To be entitled to ordinary maternity leave, an employee Employee must give her CEO the following notice and evidence: (i) not less than 10 weeks before the expected date of the birth, a medical certificate stating the expected date of birth; (ii) not less than four (4) weeks before the intended date of commencement of leave, written notice of the date on which the employee Employee intends to commence leave and the period of leave to be taken, along with a statutory declaration stating that the employee Employee intends to be the child’s primary care-giver at all times whilst on leave; and (iii) as soon as is practicable, a copy of the child’s birth certificate. (e) The employee Employee will not be in breach of paragraph (d) if the failure to give the required notification and evidence is because of the birth occurring earlier than expected or any other compelling circumstance. (f) An employee Employee may commence ordinary maternity leave at any time within six (6) weeks immediately prior to the expected date of birth. (g) Where an employee Employee continues to work within the six (6) week period immediately prior to the expected date of birth, the employee Employee must provide a medical certificate stating that she is fit to work on her normal duties. (h) The CEO may require the employee Employee to start ordinary maternity leave if the employeeEmployee: (i) does not give the CEO the requested certificate within seven (7) days after the request; or (ii) within seven (7) days after the request for the certificate, gives the CEO a medical certificate stating that the employee Employee is unfit to work. (i) Transfer to a Safe Job (i) Where a pregnant Employee eligible for ordinary maternity leave under sub-clause 19.4, who has already complied with the requirements of paragraph (d), provides the CEO with a medical certificate from a medical practitioner stating that the Employee is fit to work, but illness or risks arising out of the pregnancy or hazards connected with the work assigned to the Employee make it inadvisable for the Employee to continue at her present work during a stated period (the risk period), the CEO must, if reasonably practicable, transfer the Employee to an appropriate safe job with no other change to the Employee’s terms and conditions of employment for the hours that she works during the risk period. (ii) If the Employee’s pregnancy ends before the end of the risk period, the risk period ends when the pregnancy ends. (j) No Safe Job Leave (i) If it is not reasonably practicable to transfer the Employee to an appropriate safe job, the Employee is entitled to take paid no safe job leave for the risk period until the earliest of either: (A) the end of the risk period stated in the medical certificate; (B) the day before the Employee commences ordinary maternity leave; or (C) the day before the end of the pregnancy. (ii) The Employee is entitled to her base rate of pay for her ordinary hours of work in the risk period. (k) Where an Employee’s child dies during a period of ordinary maternity leave, the Employee may continue on leave for a maximum period of 52 weeks from the date of commencement of leave, unless the Employee elects to resume duty, in which case the provisions of sub-clause 19.14 apply. (l) Subject to notice and evidence requirements set out in paragraph (d), where an Employee becomes pregnant whilst on a period of ordinary maternity leave, the employee can elect to commence another period of leave up to the maximum entitlement, in accordance with sub-clause 19.4(a)(i), 19.4(a)(ii) or 19.4(a)(iii) from the date of the birth of the child resulting from the subsequent pregnancy.

Appears in 1 contract

Samples: Correctional Officer (Ntps) 2014 2017 Enterprise Agreement

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Ordinary Maternity Leave. (a) Subject to the requirements of this sub-clause, a pregnant employee an Employee may access any one of the following ordinary maternity leave entitlements: (i) up to 52 weeks unpaid leave, where the employee has less than 12 months continuous service, or an eligible casual employee, at the time of commencing leave; (ii) up to three years 52 weeks leave, with the first 14 weeks to be paid, provided the employee Employee has completed at least one (1) and less than five (5) years 12 months continuous service at the time of commencing leave; or (iii) up to three (3) 6 years unpaid leave, with the first 18 weeks to be paid, provided the employee Employee has completed five (5) or more years 12 months continuous service at the time of commencing leave. (b) Where an employeeEmployee’s qualifying period of 12 months continuous service referred to in paragraph (a)(ii) ends within 14 weeks of the date on which the employee Employee commenced ordinary maternity leave, paid leave will only apply for that part of the 14 week period commencing after the end of the qualifying period. (c) Where an employee’s qualifying period of five (5) years continuous service referred to in sub-paragraph (a)(iii) ends within 18 weeks of the date on which the employee commenced ordinary maternity leave, the first 14 weeks will be paid leave and any additional paid leave (up to 4 weeks) will only apply for that part of the 18 week period commencing after the end of the qualifying period. (d) To be entitled to ordinary maternity leave, an employee Employee must give her CEO employer the following notice and evidencedocuments: (i) not less than 10 weeks before the expected date of the birth, a medical certificate stating the expected date of birth; (ii) not less than four (4) 4 weeks before the intended date of commencement of leave, written notice of the date on which the employee Employee intends to commence leave and the period of leave to be taken, along with a statutory declaration stating that the employee Employee intends to be the child’s primary care-giver at all times whilst on leave; and (iii) as soon as is practicable, a copy of the child’s birth certificate. (ed) The employee Employee will not be in breach of paragraph (dc) if the failure to give the required notification and evidence documents is because of the birth occurring earlier than expected or any other compelling circumstance. (fe) An employee Employee may commence ordinary maternity leave at any time within six (6) weeks immediately prior to the expected date of birth. (gf) Where an employee Employee continues to work within the six (6) week period immediately prior to the expected date of birth, the employee Employee must provide a medical certificate stating that she is fit to work on her normal duties. (hg) The CEO employer may require the employee Employee to start ordinary maternity leave if the employeeEmployee: (i) does not give the CEO employer the requested certificate within seven (7) 7 days after the request; or (ii) within seven (7) 7 days after the request for the certificate, gives the CEO employer a medical certificate stating that the employee Employee is unfit to work. (h) Where a pregnant Employee who has already complied with the requirements of paragraph (c) provides the CEO with a medical certificate from a medical practitioner stating that the Employee is fit to work, but illness or risks arising out of the pregnancy or hazards connected with the work assigned to the Employee make it inadvisable for the Employee to continue at her present work, the CEO must, if reasonably practicable, transfer the Employee to a safe job with no other change to the Employee’s terms and conditions of employment until the commencement of ordinary maternity leave. (i) If it is not reasonably practicable to transfer the Employee to a safe job, the Employee may take paid leave, or the employer may require the Employee to take paid leave immediately for a period which ends at the earliest of either: (i) the end of the period stated in the medical certificate; (ii) the day before the Employee commences ordinary maternity leave; or (iii) the day before the end of the pregnancy. (j) Where an Employee’s child dies during a period of ordinary maternity leave, the Employee may continue on leave for a maximum period of 52 weeks from the date of commencement of leave, unless the Employee elects to resume duty, in which case the provisions of sub-clause 42.13 apply. (k) Subject to paragraph (c), where an Employee becomes pregnant whilst exercising the 6 year ordinary maternity leave entitlement, the period of leave may be extended until the sixth birthday of the child resulting from the subsequent pregnancy.

Appears in 1 contract

Samples: Union Collective Agreement

Ordinary Maternity Leave. (a) Subject to the requirements of this sub-clause, a pregnant an employee may access any one of the following ordinary maternity leave entitlements: (i) up to 52 weeks unpaid leave, where the employee has less than 12 months continuous service, or an eligible casual employee, at the time of commencing leave; (ii) up to three years 52 weeks leave, with the first 14 weeks to be paid, provided the employee has completed at least one (1) and less than five (5) years 12 months continuous service at the time of commencing leave; or (iii) up to three (3) 6 years unpaid leave, with the first 18 weeks to be paid, provided the employee has completed five (5) or more years 12 months continuous service at the time of commencing leave. (b) Where an employee’s qualifying period of 12 months continuous service referred to in paragraph (a)(ii) ends within 14 weeks of the date on which the employee commenced ordinary maternity leave, paid leave will only apply for that part of the 14 week period commencing after the end of the qualifying period. (c) Where an employee’s qualifying period of five (5) years continuous service referred to in sub-paragraph (a)(iii) ends within 18 weeks of the date on which the employee commenced ordinary maternity leave, the first 14 weeks will be paid leave and any additional paid leave (up to 4 weeks) will only apply for that part of the 18 week period commencing after the end of the qualifying period. (d) To be entitled to ordinary maternity leave, an employee must give her CEO employer the following notice and evidencedocuments: (i) not less than 10 weeks before the expected date of the birth, a medical certificate stating the expected date of birth; (ii) not less than four (4) 4 weeks before the intended date of commencement of leave, written notice of the date on which the employee intends to commence leave and the period of leave to be taken, along with a statutory declaration stating that the employee intends to be the child’s primary care-giver at all times whilst on leave; and (iii) as soon as is practicable, a copy of the child’s birth certificate. (ed) The employee will not be in breach of paragraph (dc) if the failure to give the required notification and evidence documents is because of the birth occurring earlier than expected or any other compelling circumstance. (fe) An employee may commence ordinary maternity leave at any time within six (6) weeks immediately prior to the expected date of birth. (gf) Where an employee continues to work within the six (6) week period immediately prior to the expected date of birth, the employee must provide a medical certificate stating that she is fit to work on her normal duties. (hg) The CEO employer may require the employee to start ordinary maternity leave if the employee: (i) does not give the CEO employer the requested certificate within seven (7) 7 days after the request; or (ii) within seven (7) 7 days after the request for the certificate, gives the CEO employer a medical certificate stating that the employee is unfit to work. (h) Where a pregnant employee who has already complied with the requirements of paragraph (c) provides the CEO with a medical certificate from a medical practitioner stating that the employee is fit to work, but illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the CEO must, if reasonably practicable, transfer the employee to a safe job with no other change to the employee’s terms and conditions of employment until the commencement of ordinary maternity leave. (i) If it is not reasonably practicable to transfer the employee to a safe job, the employee may take paid leave, or the employer may require the employee to take paid leave immediately for a period which ends at the earliest of either: (i) the end of the period stated in the medical certificate; (ii) the day before the employee commences ordinary maternity leave; or (iii) the day before the end of the pregnancy. (j) Where an employee’s child dies during a period of ordinary maternity leave, the employee may continue on leave for a maximum period of 52 weeks from the date of commencement of leave, unless the employee elects to resume duty, in which case the provisions of sub-clause 1.13 apply. (k) Subject to paragraph (c), where an employee becomes pregnant whilst exercising the 6 year ordinary maternity leave entitlement, the period of leave may be extended until the sixth birthday of the child resulting from the subsequent pregnancy.

Appears in 1 contract

Samples: Medical Officers Workplace Agreement

Ordinary Maternity Leave. (a) Subject to the requirements of this sub-clause, a pregnant employee may access any one of the following ordinary maternity leave entitlements: (i) up to 52 weeks unpaid leave, where the employee has less than 12 months continuous service, or an eligible a casual employee, at the time of commencing leave; (ii) up to three years leave, with the first 14 weeks to be paid, provided the employee has completed at least one (1) and less than five (5) years continuous service at the time of commencing leave; or (iii) up to three (3) years leave, with the first 18 weeks to be paid, provided the employee has completed five (5) or more years continuous service at the time of commencing leave. (b) Where an employee’s qualifying period of 12 months continuous service referred to in paragraph (a)(ii) ends within 14 weeks of the date on which the employee commenced ordinary maternity leave, paid leave will only apply for that part of the 14 week period commencing after the end of the qualifying period. (c) Where an employee’s qualifying period of five (5) years continuous service referred to in sub-paragraph (a)(iii) ends within 18 weeks of the date on which the employee commenced ordinary maternity leave, the first 14 weeks will be paid leave and any additional paid leave (up to 4 weeks) will only apply for that part of the 18 week period commencing after the end of the qualifying period. (d) To be entitled to ordinary maternity leave, an employee must give her CEO the following notice and evidence: (i) not less than 10 weeks before the expected date of the birth, a medical certificate stating the expected date of birth; (ii) not less than four (4) weeks before the intended date of commencement of leave, written notice of the date on which the employee intends to commence leave and the period of leave to be taken, along with a statutory declaration stating that the employee intends to be the child’s primary care-giver at all times whilst on leave; and (iii) as soon as is practicable, a copy of the child’s birth certificate. (e) The employee will not be in breach of paragraph (d) if the failure to give the required notification and evidence is because of the birth occurring earlier than expected or any other compelling circumstance. (f) An employee may commence ordinary maternity leave at any time within six (6) weeks immediately prior to the expected date of birth. (g) Where an employee continues to work within the six (6) week period immediately prior to the expected date of birth, the employee must provide a medical certificate stating that she is fit to work on her normal duties. (h) The CEO may require the employee to start ordinary maternity leave if the employee: (i) does not give the CEO the requested certificate within seven (7) days after the request; or (ii) within seven (7) days after the request for the certificate, gives the CEO a medical certificate stating that the employee is unfit to work.

Appears in 1 contract

Samples: Enterprise Agreement

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