Special Maternity Leave and Personal Leave. 7.4.9.1 If:
(a) an employee not then on maternity leave suffers illness related to her pregnancy she is entitled to take leave under 7.2; or
(b) the pregnancy of an employee not then on maternity leave terminates after 28 weeks otherwise than by the birth of a living child, she may take such paid personal leave as she is then entitled to and such further unpaid leave (to be known as special maternity leave) as a legally qualified medical practitioner certifies to be necessary before her return to work. Provided that the aggregate of paid personal leave, special maternity leave and maternity leave must not exceed the period to which the employee is entitled under 7.4.3.2 and she is entitled to take unpaid special maternity leave for such periods as a registered medical practitioner certifies as necessary.
7.4.9.2 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.
7.4.9.3 An employee who returns to work after the completion of a period of such leave is entitled to the position which she held immediately before commencing such leave, or in the case of an employee who was transferred to a safe job, to the position she held immediately before such transfer.
7.4.9.4 If that position no longer exists, but there are other positions available which the employee is qualified for and is capable of performing, she is entitled to a position, as nearly as possible, comparable in status and pay as that of her former position.
Special Maternity Leave and Personal Leave. (a) Where the pregnancy of an employee not then on maternity leave ends other than by the birth of a living child, the employee may take leave for such periods (certified period) as a registered medical practitioner certifies as necessary (special maternity leave), as follows:
(i) Where the pregnancy ends within 20 weeks of the expected date of birth of the child otherwise than by the birth of a living child, the employee is entitled to access any paid and/or unpaid personal leave entitlements in accordance with the relevant personal leave provisions; or
(ii) Where the pregnancy terminates after the completion of 20 weeks, the employee is entitled during the certified period/s to paid special maternity leave not exceeding the amount of paid maternity leave available under 67.3, and thereafter, to unpaid special maternity leave.
(b) A female employee is entitled to a period of unpaid special maternity leave if she is not fit for work during that period because she has a pregnancy related illness.
(c) An employee must give notice of taking unpaid special maternity leave as soon as practicable (which may be a time after the leave has started) and advise her Employer of the period or expected period of the leave.
(d) An employee who has given her Employer notice under clause 67.5(c) must, if required by the Employer, give the Employer evidence that would satisfy a reasonable person that the leave is taken for a reason specified in clause 67.5(a). An Employer may require the evidence to be a medical certificate.
(e) Where special maternity leave is granted under this subclause , 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.
(f) Nothing in this subclause is intended to derogate from the entitlement to unpaid special maternity leave in the NES.
Special Maternity Leave and Personal Leave. 60.10.1 Where the pregnancy of an employee not then on maternity leave ends other than by the birth of a living child, the employee may take leave for such periods (certified period) as a registered medical practitioner certifies as necessary (special maternity leave), as follows:
a. Where the pregnancy ends within 20 weeks of the expected date of birth of the child otherwise than by the birth of a living child, the employee is entitled to access any paid and/or unpaid personal leave entitlements in accordance with the relevant personal leave provisions;
b. Where the pregnancy terminates after the completion of 20 weeks, the employee is entitled during the certified period/s to paid special maternity leave not exceeding the amount of paid maternity leave available under 60.8, and thereafter, to unpaid special maternity leave.
60.10.2 A female employee is entitled to a period of unpaid special maternity leave if she is not fit for work during that period because she has a pregnancy related illness.
60.10.3 An employee must give notice of taking unpaid special maternity leave as soon as practicable (which may be a time after the leave has started) and advise her Employer of the period or expected period of the leave.
60.10.4 An employee who has given her Employer notice under clause 60.10.3 must, if required by the Employer, give the Employer evidence that would satisfy a reasonable person that the leave is taken for a reason specified in clause 60.10.
1. An Employer may require the evidence to be a medical certificate.
Special Maternity Leave and Personal Leave. Sick leave can be taken if an employee not on maternity leave suffers illness related to her pregnancy or terminates after 28 weeks (excluding the birth of a living child). Leave taken will be deducted from the employee’s accrued personal leave entitlement.
Special Maternity Leave and Personal Leave. Where the pregnancy of an employee not on Maternity Leave terminates after 28 weeks other than by the birth of a living child, she will be entitled to unpaid leave (to be known as special Maternity Leave) as a registered medical practitioner certifies as necessary before her return to work; or for illness other than the normal consequences of confinement she will be entitled, either in lieu of or in addition to special Maternity Leave, to such paid sick leave as to which she is entitled and which a registered medical practitioner certifies as necessary before her return to work. Where an employee not on Maternity Leave suffers illness related to her pregnancy, she may take paid sick leave as she is entitled and further unpaid leave (to be known as special Maternity Leave) as a registered practitioner certifies as necessary before her return to work, provided that the total of paid sick leave, special Maternity Leave and Maternity Leave shall not exceed 52 weeks.
Special Maternity Leave and Personal Leave. 8.2.11.1 If:
(a) an employee not then on maternity leave suffers illness related to her pregnancy she is entitled to take leave under 8.3; or
(b) the pregnancy of an employee not then on maternity leave terminates after 28 weeks otherwise than by the birth of a living child, she may take such paid personal leave as she is then entitled to and such further unpaid leave (to be known as special maternity leave) as a legally qualified medical practitioner certifies to be necessary before her return to work. Provided that the aggregate of paid personal leave, special maternity leave and maternity leave must not exceed the period to which the employee is entitled under
Special Maternity Leave and Personal Leave. A female Caregiver is entitled to a period of unpaid special maternity leave if she is not fit for work during that period because:
Special Maternity Leave and Personal Leave below, the period of maternity leave shall be unbroken and shall, immediately following confinement, include a period of six weeks compulsory leave. The employee must have had at least 12 months' continuous service with that employer immediately preceding the date upon which she proceeds upon such leave.
Special Maternity Leave and Personal 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;
(1) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a registered health practitioner certifies as necessary before her return to work; or
(2) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special maternity leave, to such paid personal leave as to which she is then entitled and which a registered health practitioner certifies as necessary before her return to work.
(B) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take such paid personal leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a registered health practitioner certifies as necessary before her return to work, provided that the aggregate of paid personal leave, special maternity leave and maternity leave shall not exceed the period to which the employee is entitled under subclause (iii) hereof.
(C) For the purposes of subclauses 16. a. x.
Special Maternity Leave and Personal Leave. (a) If the pregnancy of a female employee not then on parental leave terminates within 28 weeks before the expected date of birth otherwise than by the birth of a living child, then:
(i) she is entitled to such period of unpaid leave (referred to in this Appendix as “special maternity leave”) as a medical practitioner certifies to be necessary before her return to work; or
(ii) for illness other than the normal consequences of birth or pregnancy she is entitled, either instead of or in addition to special maternity leave, to such paid personal leave as she is then entitled to and as a registered medical practitioner certifies to be necessary before her return to work.
(b) If an employee not then on parental leave suffers illness related to her pregnancy, she may take such paid personal leave as she is then entitled to and such further unpaid leave (referred to in this Appendix as “special maternity leave”) as a registered medical practitioner certifies to be necessary before her return to work.
(c) For the purposes of this Appendix, a period of special maternity leave forms part of an employee’s entitlement to parental leave (but special maternity leave is not required to be taken in a continuous period with parental leave).
