Special maternity leave. (a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.
(b) Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave.
(c) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed 52 weeks.
Special maternity leave. Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.
Special maternity leave. (a) Entitlement to unpaid special birth-related leave
(b) A female Eligible Employee is entitled to a period of unpaid special leave if she is not fit for work during that period because:
(i) she has a pregnancy-related illness; or
(ii) she has been pregnant, and the pregnancy ends within 28 weeks of the expected date of birth of the Child otherwise than by the birth of a living Child.
(c) A female Eligible Employee who has an entitlement to personal leave may, in part or whole, take personal leave instead of unpaid special leave under this clause.
(d) Where the pregnancy ends more than 28 weeks from the expected date of birth of the Child, the Eligible Employee is entitled to access any paid and/or unpaid personal leave entitlements in accordance with the relevant personal leave provisions.
(e) Entitlement to paid special birth-related leave
(i) A female Eligible Employee is entitled to a period of paid special leave if the pregnancy terminates at or after the completion of 20 weeks’ gestation or the Eligible Employee gives birth but the baby subsequently dies.
(ii) Paid special leave is paid leave not exceeding the amount of paid leave available to Primary Carers under subclause 80.5(a)(i) (plus superannuation).
(iii) Paid special leave is in addition to any unpaid special leave taken under subclause 80.10(b).
(iv) Paid leave available to non-Primary Carers under subclause 80.5(a)(ii) will also apply in these circumstances.
Special maternity leave. (a) This clause applies where a pregnant employee, including an eligible casual employee, has not yet commenced parental leave and the employee requires special maternity leave because:
(i) the employee has a pregnancy-related illness; or
(ii) the employee has been pregnant, and the pregnancy ends within 28 weeks of the expected date of birth of the child otherwise than by the birth of a living child.
(b) Special maternity leave is in addition to any personal leave entitlements available to an employee. An employee may elect to use their paid personal leave entitlements instead of taking unpaid special maternity leave.
(c) The period of special maternity leave that an employee is entitled to take is such period as a medical practitioner certifies as necessary.
(d) Special maternity leave must end before the employee starts primary caregiver leave.
(e) Special maternity leave taken by the employee because the employee has a pregnancy-related illness:
(i) will be unpaid;
(ii) must end before the employee starts any period of primary caregiver parental leave; and
(iii) will not be deducted from the maximum period of primary caregiver parental leave that the employee is entitled to take.
(f) Special maternity leave taken by the employee in all other circumstances permitted under this clause will be:
(i) unpaid if the pregnancy ends more than 20 weeks before the expected date of birth;
(ii) unpaid if the pregnancy ended within 20 weeks of the expected date of the birth and the employee has not completed 12 months continuous service, or is an eligible casual employee, at the time of commencing leave; or
(iii) paid up to a maximum of 14 weeks if the pregnancy ended within 20 weeks of the expected date of birth, provided the employee has completed 12 months continuous service at the time of commencing leave; or
(iv) paid up to a maximum of 18 weeks if the pregnancy ended within 20 weeks of the expected date of birth, provided the employee has completed five years continuous service at the time of commencing leave.
(g) Where an employee’s qualifying period of 12 months continuous service referred to in clause 62.10(f)(iii) ends within 14 weeks of the date on which the employee commenced leave, paid leave will only apply for that part of the 14 week period commencing after the end of the qualifying period.
(h) Where an employee’s qualifying period of five years continuous service referred to in clause 62.10(f)(iv) ends within 18 weeks of the date on which the employ...
Special maternity leave. 23.14.1 Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.
23.14.2 Where an employee is suffering from an illness not related to the direct consequences of the confinement, the employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave.
23.14.3 Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed 52 weeks.
23.14.4 Where leave is granted under 23.13.4, during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.
Special maternity leave. To be entitled to special maternity leave during a period, an eligible employee must give the employer, at the required time, a written application, a medical certificate and a statutory declaration (if required) containing the required information, in accordance with section 269 of the Act.
Special maternity leave. An eligible employee is not entitled to a period of special maternity leave longer than the period stated in a medical certificate given to the employer pursuant to sub-clause 24.6(a). A period of special maternity leave must end before the employee starts any continuous period of leave including (or constituted by) ordinary maternity leave or paid maternity leave.
Special maternity leave. 48.8.1 Where the pregnancy of an Employee not then on maternity leave terminates within 28 weeks before the expected date of birth, other than by the birth of a living child, then the Employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.
48.8.2 Where an Employee is suffering from an illness not related to the direct consequences of the confinement, an Employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave.
48.8.3 Where an Employee not then on maternity leave suffers an illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed 52 weeks or longer as agreed under clause 48.12.
48.8.4 Where special maternity leave is granted, during the period of leave an Employee may return to work at any time, as agreed between the Employer and the Employee, provided that time does not exceed four weeks from the recommencement date desired by the Employee.
Special maternity leave a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.
b) Where an employee is suffering an illness not related to the direct consequences of the confinement, an employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave.
c) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed 52 weeks.
d) Where leave is granted under clause 6.7.3 (d), during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.
Special maternity leave. (1) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.
(2) Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may take any paid personal leave to which she is entitled in lieu of, or in addition to, special maternity leave.
(3) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid personal leave to which she is then entitled and such further unpaid special maternity leave as a registered medical, practitioner certifies as necessary before her return to work. The aggregate of paid personal leave, special maternity leave and parental leave, including paternity leave taken by her spouse, may not exceed 52 weeks.
