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Section : Unpaid special parental leave
Domain : Human Resource Management
Classification : Not Identified

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An eligible pregnant employee is entitled to take unpaid special parental leave if the employee is not fit for work because:

  • of a pregnancy-related illness, or
  • they have been pregnant and:
  • -their pregnancy ends after at least 12 weeks because of miscarriage or termination
  • -the infant isn't stillborn. While the employee won't be entitled to take special parental leave if the infant is stillborn, the employee may still be entitled to take unpaid parental leave. An employee must give their employer notice they are taking unpaid special parental leave as soon as possible (which may be after the leave has started). They need to tell them the expected period of leave. An employer can ask for evidence that would satisfy a reasonable person (for example a medical certificate). The entitlement to unpaid parental leave isn't reduced by the amount of any unpaid special parental leave taken by the employee while they are pregnant. Fair Work Infoline: 13 13 94

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