Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_94zm
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 94ZM
Character Range: 246301–248471

94ZM  Period of adoption leave

 (1) In this section:

related authorised leave, in relation to adoption leave taken (or to be taken) by an employee because of the placement of a child with the employee and the employee's spouse, means any of the following types of authorised leave other than pre‑adoption leave:
 (a) authorised leave, other than adoption leave, taken by the employee because of the placement of the child with the employee;
 (b) adoption leave, or any other authorised leave of the same type as adoption leave, taken by the spouse because of the placement of the child with the employee.

 (2) An employee may take a period of adoption leave as part of a continuous period including any other authorised leave.

 (3) The maximum total amount of adoption leave (including short adoption leave and long adoption leave) that an employee is entitled to in relation to a placement is 52 weeks, less an amount equal to the total amount of related authorised leave taken:
 (a) by the employee before or after the adoption leave; and
 (b) by the employee's spouse before or after the adoption leave.

Example: Susan and her spouse Ali propose to adopt a child, and both are employees entitled to adoption leave. Because of the placement of the child, Susan intends to take authorised leave consisting of 3 weeks of short adoption leave, 4 weeks of annual leave, 12 weeks of long service leave and a period of long adoption leave.

 Because of the placement of the child, Ali intends to take 3 weeks of short adoption leave.

 The maximum amount of long adoption leave to which Susan is entitled is 30 weeks, worked out as follows:

(a) the maximum entitlement of any employee to adoption leave is 52 weeks;

(b) the maximum amount of long adoption leave available to Susan must be reduced by 3 weeks for her short adoption leave;

(c) the maximum amount must also be reduced by 16 weeks for Susan's annual leave and long service leave;

(d) the maximum amount must also be further reduced by 3 weeks for Ali's short adoption leave.

Note: A period of long adoption leave must end within 12 months after the day of placement of the child (see section 94ZU).