Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_94m
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 94M
Character Range: 217892–219077

94M  End of pregnancy—effect on ordinary maternity leave entitlement

 (1) This section applies if the pregnancy of an employee ends otherwise than by the birth of a living child.

 (2) If, when the pregnancy ended, the employee had not yet started a period of ordinary maternity leave, the employee is not, or is no longer, entitled to ordinary maternity leave in relation to the previously expected birth.

Note: However, the employee may be entitled to take special maternity leave because of the end of the pregnancy. An application for special maternity leave may be made after the leave has started (see section 94G).

 (3) If, when the pregnancy ended, the employee had started a period of ordinary maternity leave, the employee's entitlement to ordinary maternity leave in relation to the previously expected birth is not affected by the end of the pregnancy.

Note: The employee may shorten the period of ordinary maternity leave by agreement with the employer under section 94P. However, to take advantage of the return to work guarantee under section 94R, the employee must also give the employer at least 4 weeks written notice of the proposed day of her return to work.