Common use of Transfer to a safe job Clause in Contracts

Transfer to a safe job. (1) This clause applies where an employee gives her Company a medical certificate from a medical practitioner containing a statement to the effect that, in the medical practitioner’s opinion, the employee is fit to work, but that it is inadvisable for her to continue in her present position for a stated period because of: (a) Illness, or risks, arising out of her pregnancy; or (b) Hazards connected with that position. (2) If the Company thinks it to be reasonably practicable to transfer the employee to a safe job - the Company must transfer the employee to the safe job, with no other change to the employee’s terms and conditions of employment; or (3) If the Company does not think it to be reasonably practicable to transfer the employee to a safe job: (a) The employee may take paid leave immediately for a period ending at the time mentioned in 19.4(5)(b); or (b) The Company may require the employee to take paid leave immediately for a period ending at the time mentioned in 19.4(5)(b). (4) If the employee takes paid leave under 19.4(3)(a) or 19.4(3)(b) during a period, the Company must pay the employee for that period the amount the employee would have received as her payment at the time the leave is taken. Where the number of hours cannot be determined, the total number of hours worked in the 52 weeks immediately before the leave is taken are to be averaged. (5) If the employee takes paid leave under 19.4(3)(a) or 19.4(3)(b): (a) The entitlement to leave is in addition to any other leave entitlement she has; and (b) The period of leave ends at the earliest of whichever of the following times is applicable: (i) The end of the period stated in the medical certificate; (ii) If the employee’s pregnancy results in the birth of a living child - the end of the day before the date of birth; (iii) If the employee’s pregnancy ends otherwise than with the birth of a living child - the end of the day before the end of the pregnancy. (6) Leave taken under 19.4(3)(a) or 19.4(3)(b) shall be treated as parental leave for the purposes of 19.7, 19.8 and 19.9.

Transfer to a safe job. 2.6.1 This section applies to an employee if: (1a) This clause applies where an she is entitled to ordinary maternity leave; and (b) she has already complied with the documentation requirements; and (c) the employee gives her Company employer a medical certificate from a medical practitioner containing a statement to the effect that, in the medical practitioner’s opinion, the employee is fit to work, but that it is inadvisable for her to continue in her present position for a stated period because of: (ai) Illnessillness, or risks, arising out of her pregnancy; or (bii) Hazards hazards connected with that position. 2.6.2 If this section applies to an employee: (2a) If if the Company employee’s employer thinks it to be reasonably practicable to transfer the employee to a safe job - job—the Company employer must transfer the employee to the safe job, with no other change to the employee’s terms and conditions of employment; or (3b) If if the Company employee’s employer does not think it to be reasonably practicable to transfer the employee to a safe job: (ai) The the employee may take paid leave immediately for a period ending at the time mentioned in 19.4(5)(bparagraph 2.6.4(b); or (bii) The Company the employer may require the employee to take paid leave immediately for a period ending at the time mentioned in 19.4(5)(bparagraph 2.6.4(b). (4) 2.6.3 If the employee takes paid leave under 19.4(3)(a) subparagraph 2.6 or 19.4(3)(b(ii) during a period, the Company employer must pay the employee for that period the amount the employee would reasonably have received as her payment at the time the leave is taken. Where the number of hours cannot be determined, the total number of hours worked in the 52 weeks immediately before the leave is taken are expected to be averagedpaid by the employer if the employee had worked during that period. (5) 2.6.4 If the employee takes paid leave under 19.4(3)(asubparagraph 2.6.2(b)(i) or 19.4(3)(b(ii): (a) The the entitlement to leave is in addition to any other leave entitlement she has; and (b) The the period of leave ends at the earliest of whichever of the following times is applicable: (i) The the end of the period stated in the medical certificate; (ii) If if the employee’s pregnancy results in the birth of a living child - child—the end of the day before the date of birth; (iii) If if the employee’s pregnancy ends otherwise than with the birth of a living child - child—the end of the day before the end of the pregnancy. (6) Leave taken under 19.4(3)(a) or 19.4(3)(b) shall be treated as parental leave for the purposes of 19.7, 19.8 and 19.9.

Transfer to a safe job. (1a) This clause applies where an If the employee gives her Company employer a medical certificate from a medical practitioner containing a statement to the effect that, in the medical practitioner’s opinion, the employee is fit to work, but that it is inadvisable for her to continue in her present position for a stated period because of: (ai) Illnessillness, or risks, arising out of her pregnancy; or (bii) Hazards hazards connected with that position. (2) If ; then the Company thinks it to be reasonably practicable to employer must modify the duties of the position or alternatively transfer the employee to a safe job - at the Company must transfer same classification level for the employee period during which she is unable to the safe job, with no other change to continue in her present position. (b) If the employee’s terms and conditions of employment; or (3) If the Company employer does not think it to be reasonably practicable to modify the duties of the position or transfer the employee to a safe job: (a) The job the employee may take is entitled to paid leave immediately for a the period ending at the time mentioned during which she is unable to continue in 19.4(5)(b); or (b) The Company may require the employee to take paid leave immediately for a period ending at the time mentioned in 19.4(5)(b)her present position. (4c) If the employee takes An entitlement to paid leave under 19.4(3)(aprovided in subclause 33.8(b) or 19.4(3)(b) during a period, the Company must pay the employee for that period the amount the employee would have received as her payment at the time the leave is taken. Where the number of hours cannot be determined, the total number of hours worked in the 52 weeks immediately before the leave is taken are to be averaged. (5) If the employee takes paid leave under 19.4(3)(a) or 19.4(3)(b): (a) The entitlement to leave is in addition to any other leave entitlement she has; andthe employee has and the employee is to be paid the amount the employee would reasonably have expected to be paid if the employee had worked during that period. (bd) The period of An entitlement to paid leave provided in subclause 33.8(b) ends at the earliest of whichever of the following times is applicable: (i) The the end of the period stated in the medical certificate; (ii) If if the employee’s pregnancy results in the birth of a living child - – the end of the day before the date of birth; (iii) If if the employee’s pregnancy ends otherwise than with the birth of a living child - – the end of the day before the end of the pregnancy. (6) Leave taken under 19.4(3)(a) or 19.4(3)(b) shall be treated as parental leave for the purposes of 19.7, 19.8 and 19.9.

Transfer to a safe job. 51.4.5.1 A pregnant Employee has an entitlement to be a transferred to an ‘appropriate safe job’in accordance with the eligibility and other requirements of the NES.. 51.4.5.2 An appropriate safe job is a job that has: a) The same ordinary hours of work as the employee’s present position; or b) A different number of ordinary hours agreed to by the employee. 51.4.5.3 This entitlement applies if the Employee has provided evidence (1) This clause applies where an employee gives her Company e.g. a medical certificate from certificate) that would satisfy a medical practitioner containing a statement to the effect that, in the medical practitioner’s opinion, the employee is reasonable person that they are fit to for work, but that it is inadvisable for her them to continue in her their present position for during a stated period because of: (a) Illness, Illness or risks, risks arising out of her the pregnancy; or (b) Hazards connected with that position. (2) 51.4.5.4 If the Company thinks it to be reasonably practicable to transfer the employee to a this requirement is met and there is an appropriate safe job - available, the Company Employee must transfer be transferred to that job for the employee to the safe jobrisk period, with no other change to the employeeEmployee’s terms and conditions of employment; or (3) If the Company does not think it to be reasonably practicable to transfer the employee to a safe job: (a) . The employee may take paid leave immediately for a period ending at the time mentioned in 19.4(5)(b); or (b) The Company may require the employee to take paid leave immediately for a period ending at the time mentioned in 19.4(5)(b). (4) If the employee takes paid leave under 19.4(3)(a) or 19.4(3)(b) during a period, the Company Employer must pay the employee at their full rate of pay for that period the amount the employee would have received as her payment at the time the leave is taken. Where the number of hours cannot be determined, the total number of hours worked position they were in the 52 weeks immediately before the leave is taken are to be averagedtransfer and for the hours they work during the risk period. 51.4.5.5 If there is no appropriate safe job available, then the Employee is entitled to take paid ‘no safe job leave’ for the risk period, and be paid at their ordinary pay for ordinary hours of work during the risk period. 51.4.5.6 If an Employee is on paid no safe job leave during the six (56) If the employee takes paid leave under 19.4(3)(a) or 19.4(3)(b): (a) The entitlement to leave is in addition to any other leave entitlement she has; and (b) The week period of leave ends at the earliest of whichever of the following times is applicable: (i) The end of the period stated in the medical certificate; (ii) If the employee’s pregnancy results in the birth of a living child - the end of the day before the expected date of birth; (iii) If , the employee’s pregnancy ends otherwise than with employer may ask the birth of employee to give the Employer a living child - the end of the day before the end of the pregnancymedical certificate stating whether they are fit for work. 51.4.5.7 The Employer may require the Employee to take a period of unpaid parental leave, if they are eligible, as soon as practical if: 51.4.5.7.1 The Employee does not give the Employer a medical certificate within seven (67) Leave taken under 19.4(3)(adays after the request; or 51.4.5.7.2 Within seven (7) or 19.4(3)(b) shall be treated as days after the request, the Employee provides a certificate stating they are not fit for work. 51.4.5.8 The no safe job leave ends when the period of unpaid parental leave for the purposes of 19.7, 19.8 and 19.9starts.

Transfer to a safe job. 10.7.1 This section applies to an employee if: (1i) This she is entitled to ordinary maternity leave; and (ii) she has already complied with the documentation requirements under clause applies where an 10.5.1(i); and (iii) the employee gives her Company employer a medical certificate from a medical practitioner containing a statement to the effect that, in the medical practitioner’s opinion, the employee is fit to work, but that it is inadvisable for her to continue in her present position for a stated period because of: (a) Illnessillness, or risks, arising out of her pregnancy; or (b) Hazards hazards connected with that position. 10.7.2 This section applies to an employee: (2i) If if the Company Employer thinks it to be reasonably practicable to transfer the employee Employee to a safe job - job, the Company Employer must transfer the employee Employee to the safe job, with no other change to the employeeEmployee’s terms and conditions of employment; or (3ii) If if the Company Employer does not think it to be is reasonably practicable to transfer the employee Employee to a safe job: (a) The employee , the Employee may take paid leave immediately for a period ending at the time mentioned in 19.4(5)(b); or (b) The Company may require the employee to take paid leave immediately for a period ending at the time mentioned in 19.4(5)(bclause 10.5.1(ii). (4) 10.7.3 If the employee takes paid leave under 19.4(3)(a) or 19.4(3)(bclause 10.7.2(ii) during a period, the Company employer must pay the employee for that period the amount the employee would reasonably have received as her payment at the time the leave is taken. Where the number of hours cannot be determined, the total number of hours worked in the 52 weeks immediately before the leave is taken are expected to be averagedpaid by the employer if the employee had worked during that period. (5) 10.7.4 If the employee takes paid leave under 19.4(3)(a) or 19.4(3)(bclause 10.7.2(ii): (ai) The the entitlement to leave is in addition to any other leave entitlement she has; and (bii) The the period of leave ends at the earliest of whichever of the following times is applicable: (ia) The the end of the period stated in the medical certificate; (iib) If if the employee’s pregnancy results in the birth of a living child - child, the end of the day before the date of birth; (iiic) If if the employee’s pregnancy ends otherwise than with the birth of a living child - child, the end of the day before the end of the pregnancy. (6) Leave taken under 19.4(3)(a) or 19.4(3)(b) shall be treated as parental leave for the purposes of 19.7, 19.8 and 19.9.

Transfer to a safe job. (1) This clause applies where 29.9.1 Where an employee gives her Company a medical certificate from a medical practitioner containing a statement to the effect thatis pregnant and, in the opinion of a registered medical practitioner’s opinion, 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 employee is fit to workwill, but that if the employer deems it is inadvisable for her to continue in her present position for a stated period because of: (a) Illnessreasonably practicable, or risks, arising out of her pregnancy; or (b) Hazards connected with that position. (2) If the Company thinks it to be reasonably practicable to transfer the employee transferred to a safe job - at the Company must transfer rate and on the employee conditions attaching to that job until the safe job, with no other change to the employee’s terms and conditions commencement of employment; ormaternity leave. (3) 29.9.2 If the Company does not think it to be reasonably practicable to transfer the employee to a safe job: (a) The job is not reasonably practicable, the employee may take paid leave immediately for a period ending at elect, or the time mentioned in 19.4(5)(b); or (b) The Company employer may require the employee employee, to take commence paid leave immediately for such period as is certified necessary by a period ending at the time mentioned in 19.4(5)(b)registered medical practitioner. (4) If the employee takes paid leave 29.9.3 Leave taken under 19.4(3)(a) or 19.4(3)(b) during a period, the Company must pay the employee for that period the amount the employee would have received as her payment at the time the leave this clause is taken. Where the number of hours cannot be determined, the total number of hours worked in the 52 weeks immediately before the leave is taken are to be averaged. (5) If the employee takes paid leave under 19.4(3)(a) or 19.4(3)(b): (a) The an entitlement to leave is in addition to any other leave entitlement she the employee has; and. (b) The 29.10 Returning to work after a period of parental leave 29.10.1 An employee will notify the employer of their intention to return to work after a period of parental leave ends at least four (4) weeks prior to the earliest of whichever expiration of the following times leave. 29.10.2 An employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job the employee will be entitled to return to the position they held immediately before such transfer. 29.10.3 Where such position no longer exists but there are other positions available which the employee is applicable:qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position. (i) The end 29.10.4 An eligible casual employee who is employed by a labour hire company who performs work for a client of the period stated labour hire company will be entitled to the position which they held immediately before proceeding on parental leave. 29.10.5 Where such a position is no longer available, but there are other positions available that the employee is qualified for and is capable of performing, the employer shall make all reasonable attempts to return the employee to a position comparable in the medical certificate; (ii) If status and pay to that of the employee’s pregnancy results in the birth of a living child - the end of the day before the date of birth; (iii) If the employee’s pregnancy ends otherwise than with the birth of a living child - the end of the day before the end of the pregnancyformer position. (6) Leave taken under 19.4(3)(a) or 19.4(3)(b) shall be treated as parental leave for the purposes of 19.7, 19.8 and 19.9.

Transfer to a safe job. 2.6.1 This section applies to an employee if: (1a) This clause applies where an she is entitled to ordinary maternity leave; and (b) she has already complied with the documentation requirements; and (c) the employee gives her Company employer a medical certificate from a medical practitioner containing a statement to the effect that, in the medical practitioner’s opinion, the employee is fit to work, but that it is inadvisable for her to continue in her present position for a stated period because of: (ai) Illnessillness, or risks, arising out of her pregnancy; or (bii) Hazards hazards connected with that position. 2.6.2 If this section applies to an employee: (2a) If if the Company employee’s employer thinks it to be reasonably practicable to transfer the employee to a safe job - job— the Company employer must transfer the employee to the safe job, with no other change to the employee’s terms and conditions of employment; or (3b) If if the Company employee’s employer does not think it to be reasonably practicable to transfer the employee to a safe job: (ai) The the employee may take paid leave immediately for a period ending at the time mentioned in 19.4(5)(bparagraph 2.6.4(b); or (bii) The Company the employer may require the employee to take paid leave immediately for a period ending at the time mentioned in 19.4(5)(bparagraph 2.6.4(b). (4) 2.6.3 If the employee takes paid leave under 19.4(3)(a) subparagraph 2.6 or 19.4(3)(b(ii) during a period, the Company employer must pay the employee for that period the amount the employee would reasonably have received as her payment at the time the leave is taken. Where the number of hours cannot be determined, the total number of hours worked in the 52 weeks immediately before the leave is taken are expected to be averagedpaid by the employer if the employee had worked during that period. (5) 2.6.4 If the employee takes paid leave under 19.4(3)(asubparagraph 2.6.2(b)(i) or 19.4(3)(b(ii): (a) The the entitlement to leave is in addition to any other leave entitlement she has; and (b) The the period of leave ends at the earliest of whichever of the following times is applicable: (i) The the end of the period stated in the medical certificate; (ii) If if the employee’s pregnancy results in the birth of a living child - child—the end of the day before the date of birth; (iii) If if the employee’s pregnancy ends otherwise than with the birth of a living child - child—the end of the day before the end of the pregnancy. (6) Leave taken under 19.4(3)(a) or 19.4(3)(b) shall be treated as parental leave for the purposes of 19.7, 19.8 and 19.9.

Transfer to a safe job. (1) This clause applies where an employee 8.6.1 If the Employee gives her Company Employer a medical certificate from a medical practitioner containing a statement to the effect that, in the medical practitioner’s opinion, the employee Employee is fit to work, but that it is inadvisable for her to continue in her present position for a stated period because of: (a) Illnessillness, or risks, arising out of her pregnancy; or (b) Hazards hazards connected with that position. (2) If ; then the Company thinks it to be reasonably practicable to Employer must modify the duties of the position or alternatively transfer the employee Employee to a safe job - at the Company must transfer same classification level for the employee period during which she is unable to the safe job, with no other change to the employee’s terms and conditions of employment; orcontinue in her present position. (3) 8.6.2 If the Company Employee’s Employer does not think it to be reasonably practicable to modify the duties of the position or transfer the employee Employee to a safe job: (a) The employee may take job the Employee is entitled to paid leave immediately for a the period ending at the time mentioned during which she is unable to continue in 19.4(5)(b); orher present position. (b) The Company may require the employee 8.6.3 An entitlement to take paid leave immediately for a period ending at the time mentioned provided in 19.4(5)(b). (4) If the employee takes paid leave under 19.4(3)(a) or 19.4(3)(b) during a period, the Company must pay the employee for that period the amount the employee would have received as her payment at the time the leave is taken. Where the number of hours cannot be determined, the total number of hours worked in the 52 weeks immediately before the leave is taken are to be averaged. (5) If the employee takes paid leave under 19.4(3)(a) or 19.4(3)(b): (a) The entitlement to leave 8.6.2 is in addition to any other leave entitlement she has; andthe Employee has and is to be paid the amount the Employee would reasonably have expected to be paid if the Employee had worked during that period. (b) The period of 8.6.4 An entitlement to paid leave provided in 8.6.2 ends at the earliest of whichever of the following times is applicable: (ia) The the end of the period stated in the medical certificate; (iib) If if the employeeEmployee’s pregnancy results in the birth of a living child - – the end of the day before the date of birth; (iiic) If if the employeeEmployee’s pregnancy ends otherwise than with the birth of a living child - – the end of the day before the end of the pregnancy. (6) Leave taken under 19.4(3)(a) or 19.4(3)(b) shall be treated as parental leave for the purposes of 19.7, 19.8 and 19.9.