Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_93j
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 93J
Character Range: 184004–185624

93J  The guarantee

 (1) Subject to this Subdivision, an employee is entitled to a period of up to 2 days unpaid carer's leave for each occasion (a permissible occasion) when a member of the employee's immediate family, or a member of the employee's household, requires care or support during such a period because of:
 (a) a personal illness, or injury, of the member; or
 (b) an unexpected emergency affecting the member.

Note 1: This entitlement extends to casual employees (see section 93).

Note 2: The entitlement is subject to the restrictions in sections 93K and 93L.

 (2) An employee is entitled to unpaid carer's leave only if the employee complies with the notice and documentation requirements under Subdivision D, to the extent to which they apply to the employee.

 (3) An employee is taken not to have been entitled to a period of unpaid carer's leave at any time after the start of the period if:
 (a) Subdivision D:
 (i) required the employee to give notice or a document (the required notice or document) to his or her employer; and
 (ii) allowed the employee to give the required notice or document to his or her employer after the start of the leave; and
 (b) when the employee started the leave, the employee had not given his or her employer the required notice or document; and
 (c) the employee did not later give the required notice or document to his or her employer within the period required under Subdivision D.

Note: Under Subdivision D, an employee may be required to give his or her employer notice, a medical certificate or a statutory declaration (depending on the circumstances).