Common use of Transfer to a safe job Clause in Contracts

Transfer to a safe job. (a) Where an Employee is pregnant and provides evidence that would satisfy a reasonable person that she is fit for work but it is inadvisable for her to continue in her present position during a stated period because of illness or risks arising out of the pregnancy or hazards connected with the work assigned to the Employee, the Employee will, if the Employer deems it practicable, be transferred to a safe job with no other change to the Employee’s terms and conditions of employment until the commencement of maternity leave. The Employer may require the evidence referred to above to be a medical certificate. The Employer will make all practical efforts to remedy an unsafe situation to allow the Employee to work until her estimated date of confinement. (b) If the Employer does not think it reasonably practicable to transfer the Employee to a safe job, the Employee may take paid no safe job leave, or the Employer may require the Employee to take paid no safe job leave immediately for a period which ends at the earliest of either: (i) when the Employee is certified unfit to work during the six week period before the expected date of birth by a registered medical practitioner; or (ii) when the Employee’s pregnancy results in the birth of a living child or when the Employee’s pregnancy ends otherwise than with the birth of a living child. The entitlement to no safe job leave is in addition to any other leave entitlement the Employee has. (c) If the Employee has not qualified for unpaid parental leave (i.e. has not had 12 months continuous service) and (a) and (b) above apply and the Employer cannot find the Employee a safe job, then the Employee is entitled to take unpaid no safe job leave in accordance with the NES.

Appears in 10 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

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Transfer to a safe job. (a) Where an Employee is pregnant and provides evidence that would satisfy a reasonable person that she is they are fit for work but it is inadvisable for her the Employee to continue in her their present position during for a stated period (the risk period) because of of: (i) illness or risks arising out of the pregnancy or hazards connected with the work assigned to the Employee, the Employee will, if the Employer deems it practicable, be transferred to a safe job with no other change to the Employee’s terms and conditions of employment until the commencement of maternity leave. The Employer may require the evidence referred to above to be a medical certificate. The Employer will make all practical efforts to remedy an unsafe situation to allow the Employee to work until her estimated date of confinement. (b) If the Employer does not think it reasonably practicable to transfer the Employee to a safe job, the Employee may take paid no safe job leave, or the Employer may require the Employee to take paid no safe job leave immediately for a period which ends at the earliest of either: (i) when the Employee is certified unfit to work during the six week period before the expected date of birth by a registered medical practitionerpregnancy; or (ii) when hazards connected with the position; (b) Paid no safe job leave (i) subclause 70.14(a) applies to a pregnant Eligible Employee but there is no appropriate safe job available; (ii) the Eligible Employee is entitled to Long Parental Leave; and (iii) the Eligible Employee has complied with the notice of intended start and end dates of leave and evidence requirements under subclause 70.6 for taking Long Parental Leave; then the Eligible Employee is entitled to paid no safe job leave for the risk period. (c) If the Eligible Employee takes paid no safe job leave for the risk period, the Employer must pay the Eligible Employee at the Eligible Employee’s pregnancy results ordinary hours rate of pay for the Eligible Employee's ordinary hours of work in the birth of a living child or when the Employee’s pregnancy ends otherwise than with the birth of a living child. The risk period. (d) This entitlement to paid no safe job leave is in addition to any other leave entitlement the Eligible Employee hasmay have. (ce) If an Eligible Employee, during the six week period before the expected date of birth, is on paid no safe job leave, the Employer may request that the Eligible Employee provide a medical certificate within seven (7) days stating whether the Eligible Employee is fit for work. (i) If the Eligible Employee has either: A. not qualified complied with the request from the Employer; or B. provided a medical certificate stating that they are not fit for unpaid parental leave (i.e. has not had 12 months continuous service) and (a) and (b) above apply and the Employer cannot find the Employee a safe job, work; then the Eligible Employee is not entitled to take unpaid no safe job leave in accordance with and the NESEmployer may require the Eligible Employee to take parental leave as soon as practicable.

Appears in 5 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Transfer to a safe job. (a) Where an Employee is pregnant and provides evidence that would satisfy If the practitioner gives her Employer a reasonable person that she medical certificate from a medical practitioner containing a statement to the effect that, in the medical practitioner’s opinion, the practitioner is fit for work to work, but that it is inadvisable for her to continue in her present position during for a stated period because of illness of: (i) illness, or risks risks, arising out of the pregnancy or her pregnancy; or (ii) hazards connected with the work assigned to the Employee, the Employee will, if that position; then the Employer deems it practicable, be transferred must modify the duties of the position or alternatively transfer the practitioner to a safe job with no other change at the same classification level for the period during which she is unable to the Employee’s terms and conditions of employment until the commencement of maternity leave. The Employer may require the evidence referred to above to be a medical certificate. The Employer will make all practical efforts to remedy an unsafe situation to allow the Employee to work until continue in her estimated date of confinementpresent position. (b) If the practitioner’s Employer does not think it to be reasonably practicable to modify the duties of the position or transfer the Employee practitioner to a safe job, job the Employee may take practitioner is entitled to paid no safe job leave, or leave for the Employer may require period during which she is unable to continue in her present position. (c) An entitlement to paid leave provided in subclause (9)(b) of this clause is in addition to any other leave entitlement the Employee practitioner has and is to take be paid no safe job the amount the practitioner would reasonably have expected to be paid if the practitioner had worked during that period. (d) An entitlement to paid leave immediately for a period which provided in subclause (9)(b) of this clause ends at the earliest of eitherwhichever of the following times is applicable: (i) when the Employee is certified unfit to work during end of the six week period before stated in the expected date of birth by a registered medical practitioner; orcertificate; (ii) when if the Employeepractitioner’s pregnancy results in the birth of a living child or when the Employeeend of the day before the date of birth; (iii) if the practitioner’s pregnancy ends otherwise than with the birth of a living child. The entitlement to no safe job leave is in addition to any other leave entitlement child – the Employee hasend of the day before the end of the pregnancy. (c) If the Employee has not qualified for unpaid parental leave (i.e. has not had 12 months continuous service) and (a) and (b) above apply and the Employer cannot find the Employee a safe job, then the Employee is entitled to take unpaid no safe job leave in accordance with the NES.

Appears in 4 contracts

Samples: Ama Industrial Agreement 2022, Industrial Agreement, Industrial Agreement

Transfer to a safe job. (a) Where an Employee is pregnant and provides evidence that would satisfy a reasonable person that she is fit for work but it is inadvisable for her to continue in her present position during a stated period because of illness or risks arising out of the pregnancy or hazards connected with the work assigned to the Employee, the Employee will, if the Employer deems it practicable, be transferred to a safe job with no other change to the Employee’s terms and conditions of employment until the commencement of maternity leave. The Employer may require the evidence referred to above to be a medical certificate. The Employer will make all practical efforts to remedy an unsafe situation to allow the Employee to work until her estimated date of confinement. (b) If the Employer does not think it to be reasonably practicable to transfer the Employee to a safe job, the Employee may take paid no safe job leave, or the Employer may require the Employee to take paid no safe job leave immediately for a period which ends at the earliest of either: (i) when the Employee is certified unfit to work during the six week period before the expected date of birth by a registered medical practitioner; , or (ii) when the Employee’s pregnancy results in the birth of a living child or when the Employee’s pregnancy ends otherwise than with the birth of a living child. . (c) The entitlement to no safe job leave is in addition to any other leave entitlement the Employee has. (c) If the Employee has not qualified for unpaid parental leave (i.e. has not had 12 months continuous service) and (a) and (b) above apply and the Employer cannot find the Employee a safe job, then the Employee is entitled to take unpaid no safe job leave in accordance with the NES.

Appears in 3 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Victorian Public Mental Health Services Enterprise Agreement 2012 2016

Transfer to a safe job. (a) Where an Employee a Doctor is pregnant and provides evidence that would satisfy a reasonable person that she is fit for work but it is inadvisable for her the Doctor to continue in her present position during for a stated period (the risk period) because of of: (i) illness or risks arising out of the pregnancy or pregnancy, or (ii) hazards connected with the work assigned to the Employeeposition, the Employee will, if the Employer deems it practicable, Doctor must be transferred to a an appropriate safe job if one is available for the risk period, with no other change to the EmployeeDoctor’s terms and conditions of employment until the commencement of maternity leave. The Employer may require the evidence referred to above to be a medical certificate. The Employer will make all practical efforts to remedy an unsafe situation to allow the Employee to work until her estimated date of confinementemployment. (b) If the Employer does not think it reasonably practicable to transfer the Employee to a safe job, the Employee may take paid Paid no safe job leave, or leave If: (i) subclause 54.15 (a) applies to a pregnant Eligible Doctor but there is no appropriate safe job available; and (ii) the Employer may require Eligible Doctor is entitled to Long Parental Leave; and (iii) the Employee Eligible Doctor has complied with the notice of intended start and end dates of leave and evidence requirements under subclause 54.7 for taking Long Parental Leave; then the Eligible Doctor is entitled to take paid no safe job leave immediately for a period which ends the risk period. (c) If the Eligible Doctor takes paid no safe job leave for the risk period, the Health Service must pay the Eligible Doctor at the earliest Eligible Doctor’s rate of either:pay set out in Part 1 of Schedule B for the Eligible Doctor's ordinary hours of work in the risk period. (id) when the Employee is certified unfit to work during the six week period before the expected date of birth by a registered medical practitioner; or (ii) when the Employee’s pregnancy results in the birth of a living child or when the Employee’s pregnancy ends otherwise than with the birth of a living child. The This entitlement to paid no safe job leave is in addition to any other leave entitlement the Employee hasEligible Doctor may have. (ce) If an Eligible Doctor, during the Employee six week period before the expected date of birth, is on paid no safe job leave, the Health Service may request that the Eligible Doctor provide a medical certificate within seven (7) days stating whether the Eligible Doctor is fit for work. (f) If, the Eligible Doctor has either: (i) not qualified complied with the request from the Health Service under (e) above; or (ii) provided a medical certificate stating that she is not fit for unpaid work; then the Eligible Doctor is not entitled to no safe job leave and the Health Service may require the Eligible Doctor to take parental leave as soon as practicable. (i.e. has not had 12 months continuous serviceg) and Unpaid no safe job leave If: (i) subclause 54.15 (a) and applies to a pregnant Doctor but there is no appropriate safe job available; and (bii) above apply and the Employer canDoctor will not find be entitled to Long Parental Leave as at the Employee expected date of birth; and (iii) the Doctor has given the Health Service evidence that would satisfy a safe jobreasonable person of the pregnancy if required by the Health Service (which may include a requirement to provide a medical certificate), then the Employee Doctor is entitled to take unpaid no safe job leave in accordance with for the NESrisk period.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

Transfer to a safe job. (a) Where an Employee is pregnant and provides evidence that would satisfy a reasonable person that she is fit for work but it is inadvisable for her to continue in her present position during a stated period because of illness or risks arising out of the pregnancy or hazards connected with the work assigned to the Employee, the Employee will, if the Employer deems it practicable, be transferred to a safe job with no other change to the Employee’s terms and conditions of employment until the commencement of maternity parental leave. The Employer may require the evidence referred to above to be a medical certificate. The Employer will make all practical efforts to remedy an unsafe situation to allow the Employee to work until her estimated date of confinement. (b) If the Employer does not think it to be reasonably practicable to transfer the Employee to a safe job, the Employee may take paid no safe job paid leave, or the Employer may require the Employee to take paid no safe job paid leave immediately for a period which ends at the earliest of either: (i) when the Employee is certified unfit to work during the six week period before the expected date of birth by a registered medical practitioner; or (ii) when the Employee’s pregnancy results in the birth of a living child or when the Employee’s pregnancy ends otherwise than with the birth of a living child. . (c) The entitlement to no safe job leave is in addition to any other leave entitlement the Employee has. (c) If the Employee has not qualified for unpaid parental leave (i.e. has not had 12 months continuous service) and (a) and (b) above apply and the Employer cannot find the Employee a safe job, then the Employee is entitled to take unpaid no safe job leave in accordance with the NES.

Appears in 2 contracts

Samples: Disability Services Enterprise Agreement Victoria 2018 2022, Disability Services Enterprise Agreement

Transfer to a safe job. (a) Where an Employee is pregnant and provides evidence that would satisfy and, in the opinion of a reasonable person that she is fit for work but it is inadvisable for her to continue in her present position during a stated period because of registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the EmployeeEmployee make it inadvisable for the Employee to continue at her present work, the Employee willshall, if the Employer deems it practicable, be transferred to a safe job with no other change at the rate and on the conditions attaching to the Employee’s terms and conditions of employment that job until the commencement of maternity leave. The Employer may require the evidence referred to above to be a medical certificate. The Employer will make all practical efforts to remedy an unsafe situation to allow the Employee to work until her estimated date of confinement. (b) If the Employer does not think it reasonably practicable to transfer the Employee to a safe jobjob is not practicable, the Employee may take paid no safe job leaveelect, or the Employer may require the Employee to take paid no safe job commence parental leave immediately for a such period which ends at the earliest of either: (i) when the Employee as is certified unfit to work during the six week period before the expected date of birth necessary by a registered medical practitioner; orpractitioner or registered midwife. Such leave shall be treated as maternity leave for all purposes of this Agreement. 22.12 Returning to work after a period of parental leave (iia) when An Employee will notify of their intention to return to work after a period of parental leave at least four weeks prior to the Employee’s pregnancy results in expiration of the birth leave. (b) 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 living child or when the Employee’s pregnancy ends otherwise than with the birth of a living child. The entitlement to no safe job leave is in addition pursuant to any other leave entitlement the above, the Employee haswill be entitled to return to the position they held immediately before such transfer. (c) If the Employee has not qualified for unpaid parental leave (i.e. has not had 12 months continuous service) and (a) and (b) above apply and the Employer cannot find the Employee a safe job, then Where such position no longer exists but there are other positions available which the Employee is qualified for and is capable of performing, the Employee will be entitled to take unpaid no safe job leave a position as nearly comparable in accordance with the NESstatus and pay to that of their former position.

Appears in 2 contracts

Samples: Multiple Employer Agreement, Multiple Employer Agreement

Transfer to a safe job. (a) Where an Employee Doctor is pregnant and provides evidence that would satisfy a reasonable person that she is fit for work but it is inadvisable for her the Doctor to continue in her present position during for a stated period (the risk period) because of of: (i) illness or risks arising out of the pregnancy or pregnancy, or (ii) hazards connected with the work assigned to the Employeeposition, the Employee will, if the Employer deems it practicable, Doctor must be transferred to a an appropriate safe job if one is available for the risk period, with no other change to the EmployeeDoctor’s terms and conditions of employment until the commencement of maternity leave. The Employer may require the evidence referred to above to be a medical certificate. The Employer will make all practical efforts to remedy an unsafe situation to allow the Employee to work until her estimated date of confinementemployment. (b) If the Employer does not think it reasonably practicable to transfer the Employee to a safe job, the Employee may take paid Paid no safe job leave, or leave If: (i) subclause 67.15(a) applies to a pregnant Eligible Doctor but there is no appropriate safe job available; and (ii) the Employer may require Eligible Doctor is entitled to Long Parental Leave; and (iii) the Employee Eligible Doctor has complied with the notice of intended start and end dates of leave and evidence requirements under subclause 67.7 for taking Long Parental Leave; then the Eligible Doctor is entitled to take paid no safe job leave immediately for a period which ends the risk period. (c) If the Eligible Doctor takes paid no safe job leave for the risk period, the Health Service must pay the Eligible Doctor at the earliest Eligible Doctor’s rate of either:pay set out in Schedule B for the Eligible Doctor's ordinary hours of work in the risk period. (id) when the Employee is certified unfit to work during the six week period before the expected date of birth by a registered medical practitioner; or (ii) when the Employee’s pregnancy results in the birth of a living child or when the Employee’s pregnancy ends otherwise than with the birth of a living child. The This entitlement to paid no safe job leave is in addition to any other leave entitlement the Employee hasEligible Doctor may have. (ce) If an Eligible Doctor, during the Employee six week period before the expected date of birth, is on paid no safe job leave, the Health Service may request that the Eligible Doctor provide a medical certificate within seven days stating whether the Eligible Doctor is fit for work. (f) If, the Eligible Doctor has either: (i) not qualified complied with the request from the Health Service under (e) above; or (ii) provided a medical certificate stating that she is not fit for unpaid work; then the Eligible Doctor is not entitled to no safe job leave and the Health Service may require the Eligible Doctor to take parental leave as soon as practicable. (i.e. g) Unpaid no safe job leave If: (i) subclause 67.15(a) applies to a pregnant Doctor but there is no appropriate safe job available; and (ii) the Doctor will not be entitled to Long Parental Leave as at the expected date of birth; and (iii) the Doctor has not had 12 months continuous service) and given the Health Service evidence that would satisfy a reasonable person of the pregnancy if required by the Health Service (a) and (b) above apply and which may include a requirement to provide a medical certificate), the Employer cannot find the Employee a safe job, then the Employee Doctor is entitled to take unpaid no safe job leave in accordance with for the NESrisk period.

Appears in 2 contracts

Samples: Enterprise Agreement, Doctors in Training Enterprise Agreement

Transfer to a safe job. (a) Where an Employee is pregnant and provides evidence that would satisfy a reasonable person that she is they are fit for work but it is inadvisable for her the Employee to continue in her their present position during for a stated period (the risk period) because of of:‌ (i) illness or risks arising out of the pregnancy or hazards connected with the work assigned to the Employee, the Employee will, if the Employer deems it practicable, be transferred to a safe job with no other change to the Employee’s terms and conditions of employment until the commencement of maternity leave. The Employer may require the evidence referred to above to be a medical certificate. The Employer will make all practical efforts to remedy an unsafe situation to allow the Employee to work until her estimated date of confinement. (b) If the Employer does not think it reasonably practicable to transfer the Employee to a safe job, the Employee may take paid no safe job leave, or the Employer may require the Employee to take paid no safe job leave immediately for a period which ends at the earliest of either: (i) when the Employee is certified unfit to work during the six week period before the expected date of birth by a registered medical practitionerpregnancy; or (ii) when hazards connected with the position; (b) Paid no safe job leave (i) subclause 70.14(a) applies to a pregnant Eligible Employee but there is no appropriate safe job available; (ii) the Eligible Employee is entitled to Long Parental Leave; and (iii) the Eligible Employee has complied with the notice of intended start and end dates of leave and evidence requirements under subclause 70.6 for taking Long Parental Leave; then the Eligible Employee is entitled to paid no safe job leave for the risk period. (c) If the Eligible Employee takes paid no safe job leave for the risk period, the Employer must pay the Eligible Employee at the Eligible Employee’s pregnancy results ordinary hours rate of pay for the Eligible Employee's ordinary hours of work in the birth of a living child or when the Employee’s pregnancy ends otherwise than with the birth of a living child. The risk period. (d) This entitlement to paid no safe job leave is in addition to any other leave entitlement the Eligible Employee hasmay have. (ce) If an Eligible Employee, during the six week period before the expected date of birth, is on paid no safe job leave, the Employer may request that the Eligible Employee provide a medical certificate within seven (7) days stating whether the Eligible Employee is fit for work. (i) If the Eligible Employee has either: A. not qualified complied with the request from the Employer; or B. provided a medical certificate stating that they are not fit for unpaid parental leave (i.e. has not had 12 months continuous service) and (a) and (b) above apply and the Employer cannot find the Employee a safe job, work; then the Eligible Employee is not entitled to take unpaid no safe job leave in accordance with and the NESEmployer may require the Eligible Employee to take parental leave as soon as practicable.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

Transfer to a safe job. (a) Where an Employee is pregnant and provides evidence that would satisfy a reasonable person that she is fit for work but it is inadvisable for her to continue in her present position during a stated period because of illness or risks arising out of the pregnancy or hazards connected with the work assigned to the Employee, the Employee will, if the Employer deems it practicable, be transferred to a safe job with no withno other change to the Employee’s terms and conditions of employment until the commencement of maternity parental leave. The Employer may require the evidence referred to above to be a medical certificate. The Employer will make all practical efforts to remedy an unsafe situation to allow the Employee to work until her estimated date of confinement. (b) If the Employer does not think it to be reasonably practicable to transfer the Employee to a safe job, the Employee may take paid no safe job paid leave, or the Employer may require the Employee to take paid no safe job paid leave immediately for a period which ends at the earliest of either: (i) when the Employee is certified unfit to work during the six week period before the expected date of birth by a registered medical practitioner; or (ii) when the Employee’s pregnancy results in the birth of a living child or when the Employee’s pregnancy ends otherwise than with the birth of a living child. . (c) The entitlement to no safe job leave is in addition to any other leave entitlement the Employee has. (c) If the Employee has not qualified for unpaid parental leave (i.e. has not had 12 months continuous service) and (a) and (b) above apply and the Employer cannot find the Employee a safe job, then the Employee is entitled to take unpaid no safe job leave in accordance with the NES.

Appears in 2 contracts

Samples: Disability Services Enterprise Agreement, Enterprise Agreement

Transfer to a safe job. (a) Where an Employee is pregnant and provides evidence that would satisfy and, in the opinion of a reasonable person that she is fit for work but it is inadvisable for her to continue in her present position during a stated period because of registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the EmployeeEmployee make it inadvisable for the Employee to continue at their present work, the Employee will, if the Employer deems it practicable, be transferred to a safe job with no other change to the Employee’s terms and conditions of employment until the commencement of maternity parental leave. The Employer may require the evidence referred to above to be a medical certificate. The Employer will make all practical efforts to remedy an unsafe situation to allow the Employee to work until her estimated date of confinement. (b) If the Employer does not think it to be reasonably practicable to transfer the Employee to a safe job, the Employee may take paid no safe job leaveNo Safe Job Paid Leave, or the Employer may require the Employee to take paid no safe job paid leave immediately for a period which ends at the earliest of either: (i) : when the Employee is certified unfit to work during the six week period before the expected date of birth by a registered medical practitioner; or (ii) or when the Employee’s pregnancy results in the birth of a living child or when the Employee’s pregnancy ends otherwise than with the birth of a living child. The entitlement to no safe job leave No Safe Job Paid Leave is in addition to any other leave entitlement the Employee has. (c) If . Where the pregnancy of an Employee not then on parental leave terminates other than by the birth of a living Child, the Employee has not qualified may take leave for unpaid parental leave (i.e. has not had 12 months continuous service) and (a) and (b) above apply and such periods as a registered medical practitioner certifies as necessary, as follows: where the Employer cannot find pregnancy terminates during the Employee a safe jobfirst 20 weeks, then during the certified period/s the Employee is entitled to take access any paid and/or unpaid no safe job personal/carer’s leave entitlements in accordance with clause 51; where the NESpregnancy terminates after the completion of 20 weeks, during the certified period/s the Employee is entitled to paid special maternity leave not exceeding the amount of paid parental leave available under clause 55.3 and thereafter, to unpaid special maternity leave.

Appears in 1 contract

Samples: Enterprise Agreement

Transfer to a safe job. (a) Where an Employee is pregnant and provides evidence that would satisfy and, in the opinion of a reasonable person that she is fit for work but it is inadvisable for her to continue in her present position during a stated period because of registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the EmployeeEmployee make it inadvisable for the Employee to continue at their present work, the Employee will, if the Employer deems it practicable, be transferred to a safe job with no other change to the Employee’s terms and conditions of employment until the commencement of maternity parental leave. The Employer may require the evidence referred to above to be a medical certificate. The Employer will make all practical efforts to remedy an unsafe situation to allow the Employee to work until her estimated date of confinement. (b) If the Employer does not think it to be reasonably practicable to transfer the Employee to a safe job, the Employee may take paid no safe job leaveNo Safe Job Paid Leave, or the Employer may require the Employee to take paid no safe job paid leave immediately for a period which ends at the earliest of either: (i) : when the Employee is certified unfit to work during the six week period before the expected date of birth by a registered medical practitioner; or (ii) or when the Employee’s pregnancy results in the birth of a living child or when the Employee’s pregnancy ends otherwise than with the birth of a living child. The entitlement to no safe job leave No Safe Job Paid Leave is in addition to any other leave entitlement the Employee has. (c) If . Where the pregnancy of an Employee not then on parental leave terminates other than by the birth of a living Child, the Employee has not qualified may take leave for unpaid parental leave (i.e. has not had such periods as a registered medical practitioner certifies as necessary, as follows: where the pregnancy terminates during the first 12 months continuous service) and (a) and (b) above apply and weeks, during the Employer cannot find the Employee a safe job, then certified period/s the Employee is entitled to take access any paid and/or unpaid no safe job personal/carer’s leave entitlements in accordance with the NES.clause 56;

Appears in 1 contract

Samples: Enterprise Agreement

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Transfer to a safe job. (a) Where an Employee Doctor is pregnant and provides evidence that would satisfy a reasonable person that she is fit for work but it is inadvisable for her the Doctor to continue in her present position during for a stated period (the risk period) because of of: (i) illness or risks arising out of the pregnancy pregnancy, or (ii) hazards connected with the work assigned to the Employeeposition, the Employee will, if the Employer deems it practicable, Doctor must be transferred to a an appropriate safe job if one is available for the risk period, with no other change to the EmployeeDoctor’s terms and conditions of employment until the commencement of maternity leave. The Employer may require the evidence referred to above to be a medical certificate. The Employer will make all practical efforts to remedy an unsafe situation to allow the Employee to work until her estimated date of confinementemployment. (b) If the Employer does not think it reasonably practicable to transfer the Employee to a safe job, the Employee may take paid Paid no safe job leave, or leave If: (i) subclause 67.15(a) applies to a pregnant Eligible Doctor but there is no appropriate safe job available; and (ii) the Employer may require Eligible Doctor is entitled to Long Parental Leave; and (iii) the Employee Eligible Doctor has complied with the notice of intended start and end dates of leave and evidence requirements under subclause 67.7 for taking Long Parental Leave; then the Eligible Doctor is entitled to take paid no safe job leave immediately for a period which ends the risk period. (c) If the Eligible Doctor takes paid no safe job leave for the risk period, the Health Service must pay the Eligible Doctor at the earliest Eligible Doctor’s rate of either:pay set out in Schedule B for the Eligible Doctor's ordinary hours of work in the risk period. (id) when the Employee is certified unfit to work during the six week period before the expected date of birth by a registered medical practitioner; or (ii) when the Employee’s pregnancy results in the birth of a living child or when the Employee’s pregnancy ends otherwise than with the birth of a living child. The This entitlement to paid no safe job leave is in addition to any other leave entitlement the Employee hasEligible Doctor may have. (ce) If an Eligible Doctor, during the Employee six week period before the expected date of birth, is on paid no safe job leave, the Health Service may request that the Eligible Doctor provide a medical certificate within seven days stating whether the Eligible Doctor is fit for work. (f) If, the Eligible Doctor has either: (i) not qualified complied with the request from the Health Service under (e) above; or (ii) provided a medical certificate stating that she is not fit for unpaid work; then the Eligible Doctor is not entitled to no safe job leave and the Health Service may require the Eligible Doctor to take parental leave as soon as practicable. (i.e. g) Unpaid no safe job leave If: (i) subclause 67.15(a) applies to a pregnant Doctor but there is no appropriate safe job available; and (ii) the Doctor will not be entitled to Long Parental Leave as at the expected date of birth; and (iii) the Doctor has not had 12 months continuous service) and given the Health Service evidence that would satisfy a reasonable person of the pregnancy if required by the Health Service (a) and (b) above apply and which may include a requirement to provide a medical certificate), the Employer cannot find the Employee a safe job, then the Employee Doctor is entitled to take unpaid no safe job leave in accordance with for the NESrisk period.

Appears in 1 contract

Samples: Doctors in Training Enterprise Agreement

Transfer to a safe job. (a) Where an Employee is pregnant and provides evidence that would satisfy a reasonable person that she the Employee is fit for work but it is inadvisable for her the Employee to continue in her their present position during a stated period because of illness or risks arising out of the pregnancy or hazards connected with the work assigned to the Employee, the Employee will, if the Employer deems it practicable, be transferred to a safe job with no other change to the Employee’s terms and conditions of employment until the commencement of maternity parental leave. The Employer may require the evidence referred to above to be a medical certificate. The Employer will make all practical efforts to remedy an unsafe situation to allow the Employee to work until her the Employee’s estimated date of confinement. (b) If the Employer does not think it reasonably practicable to transfer the Employee to a safe job, the Employee may take paid no safe job leave, or the Employer may require the Employee to take paid no safe job leave immediately for a period which ends at the earliest of either: (i) when the Employee is certified unfit to work during the six week period before the expected date of birth by a registered medical practitioner; or (ii) when the Employee’s pregnancy results in the birth of a living child or when the Employee’s pregnancy ends otherwise than with the birth of a living child. The entitlement to no safe job leave is in addition to any other leave entitlement the Employee has. (c) If the Employee has not qualified for unpaid parental leave (i.e. has not had 12 months continuous service) and (a) and (b) above apply and the Employer cannot find the Employee a safe job, then the Employee is entitled to take unpaid no safe job leave in accordance with the NES.

Appears in 1 contract

Samples: Enterprise Agreement

Transfer to a safe job. (a) Where an Employee is pregnant and provides evidence that would satisfy a reasonable person that she is fit for work but it is inadvisable for her to continue in her present position during a stated period because of illness or risks arising out of the pregnancy or hazards connected with the work assigned to the Employee, the Employee will, if the Employer deems it practicable, be transferred to a safe job with no other change to the Employee’s terms and conditions of employment until the commencement of maternity leave. The Employer may require the evidence referred to above to be a medical certificate. The Employer will make all practical efforts to remedy an unsafe situation to allow the Employee to work until her estimated date of confinement. (b) If the Employer does not think it reasonably practicable to transfer the Employee to a safe job, the Employee may take paid no safe job leave, or the Employer may require the Employee to take paid no safe job leave immediately for a period which ends at the earliest of either: (i) when the Employee is certified unfit to work during the six week period before the expected date of birth by a registered medical practitioner; or (ii) when the Employee’s pregnancy results in the birth of a living child or when the Employee’s pregnancy ends otherwise than with the birth of a living child. The entitlement to no safe job leave is in addition to any other leave entitlement the Employee has. (c) If the Employee has not qualified for unpaid parental leave (i.e. has not had 12 months continuous service) and (a) and (b) above apply and the Employer cannot find the Employee a safe job, then the Employee is entitled to take unpaid no safe job leave in accordance with the NES.

Appears in 1 contract

Samples: Enterprise Agreement

Transfer to a safe job. (a) Where an Employee is pregnant and provides evidence that would satisfy a reasonable person that she is fit for work but it is inadvisable for her the Employee to continue in her present position during for a stated period (the risk period) because of of:‌ (i) illness or risks arising out of the pregnancy or pregnancy, or (ii) hazards connected with the work assigned to the Employeeposition, the Employee will, if the Employer deems it practicable, must be transferred to a an appropriate safe job if one is available for the risk period, with no other change to the Employee’s terms and conditions of employment until the commencement of maternity leave. The Employer may require the evidence referred to above to be a medical certificate. The Employer will make all practical efforts to remedy an unsafe situation to allow the Employee to work until her estimated date of confinementemployment. (b) If the Employer does not think it reasonably practicable to transfer the Employee to a safe job, the Employee may take paid Paid no safe job leave, or (i) subclause 42.14(a) applies to a pregnant Eligible Employee but there is no appropriate safe job available; and (ii) the Employer may require Eligible Employee is entitled to Long Parental Leave; and (iii) the Eligible Employee has complied with the notice of intended start and end dates of leave and evidence requirements under subclause 42.6 for taking Long Parental Leave; then the Eligible Employee is entitled to take paid no safe job leave immediately for a period which ends the risk period. (c) If the Eligible Employee takes paid no safe job leave for the risk period, the Employer must pay the Eligible Employee at the earliest Eligible Employee’s base rate of either:pay for the Eligible Employee's ordinary hours of work in the risk period. (id) when the Employee is certified unfit to work during the six week period before the expected date of birth by a registered medical practitioner; or (ii) when the Employee’s pregnancy results in the birth of a living child or when the Employee’s pregnancy ends otherwise than with the birth of a living child. The This entitlement to paid no safe job leave is in addition to any other leave entitlement the Eligible Employee hasmay have. (ce) If an Eligible Employee, during the six week period before the expected date of birth, is on paid no safe job leave, the Employer may request that the Eligible Employee provide a medical certificate within seven (7) days stating whether the Eligible Employee is fit for work. (i) If, the Eligible Employee has either: (A) not qualified complied with the request from the Employer; or (B) provided a medical certificate stating that she is not fit for unpaid parental leave (i.e. has not had 12 months continuous service) and (a) and (b) above apply and the Employer cannot find the Employee a safe job, work; then the Eligible Employee is not entitled to take unpaid no safe job leave in accordance with and the NESEmployer may require the Eligible Employee to take parental leave as soon as practicable.

Appears in 1 contract

Samples: Victorian Public Mental Health Services Enterprise Agreement 2016 2020

Transfer to a safe job. (a) Where an Employee is pregnant and provides evidence that would satisfy and, in the opinion of a reasonable person that she is fit for work but it is inadvisable for her to continue in her present position during a stated period because of registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the EmployeeEmployee make it inadvisable for the Employee to continue at their present work, the Employee will, if the Employer Gateways deems it practicable, be transferred to a safe job with no other change to the Employee’s terms and conditions of employment until the commencement of maternity parental leave. The Employer may require the evidence referred to above to be a medical certificate. The Employer will make all practical efforts to remedy an unsafe situation to allow the Employee to work until her estimated date of confinement. (b) If the Employer does not think it reasonably practicable to transfer the Employee to An appropriate safe job is a safe job, the Employee may take paid no safe job leave, or the Employer may require the Employee to take paid no safe job leave immediately for a period which ends at the earliest of eitherthat has: (i) when the Employee is certified unfit to same ordinary hours of work during as the six week period before the expected date of birth by a registered medical practitionerEmployee’s present position; or (ii) when a different number of ordinary hours agreed to by the Employee’s pregnancy results in the birth of a living child or when the Employee’s pregnancy ends otherwise than with the birth of a living child. The entitlement to no safe job leave is in addition to any other leave entitlement the Employee has. (c) If the Employee has not qualified is transferred to an appropriate safe job for unpaid parental leave the risk period, Gateways must pay the Employee for the safe job at the Employee’s full rate of pay (i.e. has not had 12 months continuous servicefor the position they were in before the transfer) and for the hours that they work in the risk period. (ad) and (bWithout limiting clause 40.10(a) above apply and Gateways may require the Employer canevidence to be a medical certificate. (e) If Gateways does not find think it to be reasonably practicable to transfer the Employee a to an appropriate safe job, then the Employee is entitled to take unpaid paid “no safe job leave” for the risk period. This leave in accordance with is paid at the NESEmployee’s base rate of pay for their ordinary hours of work for the risk period. (f) If the Employees’ pregnancy ends before the end of the risk period, the risk period ends when the pregnancy ends.

Appears in 1 contract

Samples: Enterprise Agreement

Transfer to a safe job. (a) Where an Employee is pregnant and provides evidence that would satisfy and, in the opinion of a reasonable person that she registered medical practitioner, is fit for work but it is inadvisable for her the Employee to continue in her at their present position during work for a stated period (the risk period) because of of: illness or risks arising out of the pregnancy pregnancy, or hazards connected with the work assigned to the Employeeposition, the Employee will, if the Employer deems it practicable, must be transferred to a an appropriate safe job if one is available for the risk period, with no other change to the Employee’s terms and conditions of employment until the commencement of maternity leave. The Employer may require the evidence referred to above to be a medical certificate. The Employer will make all practical efforts to remedy an unsafe situation to allow the Employee to work until her estimated date of confinementemployment. (b) If the Employer does not think it reasonably practicable If: (a) applies to transfer a pregnant Employee but there is no appropriate safe job available; the Employee is entitled to a safe job, unpaid parental leave; and the Employee may take paid no safe job has complied with the notice and evidence requirements of sub- clause 59.6 for taking unpaid parental leave, or the Employer may require ; then the Employee is entitled to take paid no safe job leave immediately for a period which ends at the earliest of either:risk period. (ic) when If the Employee is certified unfit to work during takes paid no safe job leave for the six week period before risk period, the expected date of birth by a registered medical practitioner; or (ii) when Employer must pay the Employee at the Employee’s pregnancy results base rate of pay for the Employee's ordinary hours of work in the birth of a living child or when the Employee’s pregnancy ends otherwise than with the birth of a living child. The risk period. (d) This entitlement to paid no safe job leave is in addition to any other leave entitlement the Employee hasmay have. (ce) If an Employee is on paid no safe job leave during the 6 week period before the expected date of birth, the Employer may ask the Employee has not qualified to give the Employer a medical certificate stating whether the employee is fit for work in accordance with sub-clause 59.7(a). (f) The Employer may require the Employee to take a period of unpaid parental leave (i.e. has the period of leave) as soon as practicable if: the Employee does not had 12 months continuous service) and (a) and (b) above apply and give the Employer cannot find the Employee a safe job, then the Employee is entitled to take unpaid no safe job leave in accordance with the NES.requested certificate within seven

Appears in 1 contract

Samples: Victorian Stand Alone Community Health Centres Allied Health Professionals Enterprise Agreement 2017 2021

Transfer to a safe job. (a) Where an Employee is pregnant and provides evidence that would satisfy If a reasonable person that she practitioner gives their Employer a medical certificate from a medical practitioner containing a statement to the effect that, in the medical practitioner’s opinion, the practitioner is fit for work to work, but that it is inadvisable for her them to continue in her their present position during for a stated period because of illness of: (i) illness, or risks risks, arising out of the pregnancy or practitioner’s pregnancy; or (ii) hazards connected with the work assigned to the Employee, the Employee will, if that position; then the Employer deems it practicable, be transferred must modify the duties of the position or alternatively transfer the practitioner to a safe job with no other change at the same classification level for the period during which the practitioner is unable to the Employee’s terms and conditions of employment until the commencement of maternity leave. The Employer may require the evidence referred to above to be a medical certificate. The Employer will make all practical efforts to remedy an unsafe situation to allow the Employee to work until her estimated date of confinementcontinue in their present position. (b) If the practitioner’s Employer does not think it to be reasonably practicable to modify the duties of the position or transfer the Employee practitioner to a safe job, job the Employee may take practitioner is entitled to paid no safe job leave, or leave for the Employer may require period during which they are unable to continue in their present position. (c) An entitlement to paid leave provided in subclause (9)(b) is in addition to any other leave entitlement the Employee practitioner has and is to take be paid no safe job the amount the practitioner would reasonably have expected to be paid if the practitioner had worked during that period. (d) An entitlement to paid leave immediately for a period which provided in subclause (9)(b) ends at the earliest of eitherwhichever of the following times is applicable: (i) when the Employee is certified unfit to work during end of the six week period before stated in the expected date of birth by a registered medical practitioner; orcertificate; (ii) when if the Employeepractitioner’s pregnancy results in the birth of a living child or when the Employeeend of the day before the date of birth; (iii) if the practitioner’s pregnancy ends otherwise than with the birth of a living child. The entitlement to no safe job leave is in addition to any other leave entitlement child – the Employee hasend of the day before the end of the pregnancy. (c) If the Employee has not qualified for unpaid parental leave (i.e. has not had 12 months continuous service) and (a) and (b) above apply and the Employer cannot find the Employee a safe job, then the Employee is entitled to take unpaid no safe job leave in accordance with the NES.

Appears in 1 contract

Samples: Industrial Agreement

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