Document ID: chunk:federal_register_of_legislation:C2025C00150:section:74:p2
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 74 (pt 2/2)
Character Range: 317316–319667

under section 71;
unless it is not practicable to do so.

Taking flexible unpaid parental leave—notifying days on which employee will take leave
 (4B) The employee must give the employer written notice of a flexible day on which the employee will take flexible unpaid parental leave:
 (a) at least 4 weeks before that day; or
 (b) if that is not practicable—as soon as practicable (which may be a time after the leave has started).
Note: Whether or not it is practicable for the employee to give notice at least 4 weeks before that day will depend on the employee's personal and family circumstances. For example, it may not be practicable for the employee to give notice at least 4 weeks before that day where the employee experiences a health issue, a pregnancy complication or an unexpected change in the employee's child care arrangements.
 (4C) If the employer agrees, the employee may change a day on which the employee takes flexible unpaid parental leave from a day specified in a notice under subsection (4B).

Evidence requirements
 (5) An employee who has given the employee's employer notice of the taking of unpaid parental leave must, if required by the employer, give the employer evidence that would satisfy a reasonable person:
 (a) if the leave is birth‑related leave:
 (i) of the date of birth, or the expected date of birth, of the child; and
 (ii) that paragraph 77A(1)(a) (which deals with the stillbirth of a child) applies in relation to the employee, if relevant; or
 (b) if the leave is adoption‑related leave:
 (i) of the day of placement, or the expected day of placement, of the child; and
 (ii) that the child is, or will be, under 16 as at the day of placement, or the expected day of placement, of the child.
 (6) Without limiting subsection (5), an employer may require the evidence referred to in paragraph (5)(a) to be a medical certificate.
Example: If the application of paragraph 77A(1)(a) (which deals with the stillbirth of a child) is relevant—certification by a medical practitioner of the child as having been delivered.

Compliance
 (7) An employee is not entitled to take unpaid parental leave under section 71, or flexible unpaid parental leave, unless the employee complies with this section.
Note: Personal information given to an employer under this section may be regulated under the Privacy Act 1988.