Common use of Pregnancy loss leave Clause in Contracts

Pregnancy loss leave. A pregnant employee who experiences, or an employee whose partner experiences, pregnancy loss is entitled to one weeks’ paid leave. Pregnancy loss is a miscarriage or other loss of pregnancy that occurs between 12 and 20 weeks’ gestation that is not a stillbirth. Pregnancy loss leave is in addition to entitlements to compassionate leave for miscarriage provided under the FW Act and this Agreement. In circumstances of a live birth before 37 weeks’ gestation a pregnant employee, or an employee whose partner has given birth prematurely, is entitled to paid premature birth leave from the date of the child’s birth up to just before 37 weeks’ gestation. Parental leave with pay is then available from what would have been 37 weeks’ gestation in accordance with parental leave in this Agreement, noting the parental leave period commences on the child’s date of birth. Employees eligible for paid leave under the ML Act are required under legislation to use their paid maternity leave first. In this circumstance, the employee may postpone their paid premature birth leave otherwise payable under clause 6.72 until after the legislated paid maternity leave is used. The return to work guarantee provided by section 84 of the FWA applies in respect of employees ending parental leave. The Commissioner will give an employee leave with or without pay to undertake: Australian Defence Force (ADF) Reserve and continuous full-time service (CFTS); and