Document ID: chunk:federal_register_of_legislation:C2020A00105:clause:2_22
Version: federal_register_of_legislation:C2020A00105
Segment Type: clause
Provision Reference: sch 2 cl 22
Character Range: 21995–23258

22  After subsection 74(3)
Insert:

Notice requirements—flexible unpaid parental leave
 (3A) If the leave is flexible unpaid parental leave, the employee must give the notice to the employer:
 (a) in the case where the employee also takes unpaid parental leave (the original leave) under section 71 or 72:
 (i) at the same time as the employee gives notice in accordance with subsection (2) in relation to the original leave, unless subparagraph (ii) applies; or
 (ii) if the employee takes more than one period of leave under section 72—at the same time as the employee gives notice in accordance with subsection (2) in relation to the first of those periods of leave; or
 (b) otherwise—at least 10 weeks before starting the flexible unpaid parental leave.
 (3B) However, the notice may be given at any later time if the employer agrees.
 (3C) The notice must specify the total number of days (flexible days) of flexible unpaid parental leave that the employee intends to take in relation to the child.
 (3D) If the employer agrees, the employee may:
 (a) reduce the number of flexible days, including by reducing the number of flexible days to zero; or
 (b) increase the number of flexible days, but not so as to increase the number of flexible days above 30.