Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:4_7:p1
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 4 cl 7 (pt 1/2)
Character Range: 199161–201759

7  Leave that, immediately before the FW (safety net provisions) commencement day, is being, or is to be, taken under Part 7 of the WR Act
(1) If:
 (a) immediately before the FW (safety net provisions) commencement day, an employee is taking a period of a type of leave under Part 7 of the WR Act; and
 (b) there is an equivalent type of leave under the National Employment Standards;
the employee is entitled to continue on leave of the equivalent type under the National Employment Standards for the remainder of the period.
Note: For example, if an employee is taking paid annual leave under Part 7 of the WR Act immediately before the FW (safety net provisions) commencement day, the employee is entitled to continue on paid annual leave under the National Employment Standards.
(2) If an employee, or his or her spouse or de facto partner (if the spouse or de facto partner is also an employee), continues on leave under the National Employment Standards in accordance with subitem (1), the employee is entitled to adjust any of the following consistently with the provisions of the National Employment Standards in relation to that type of leave:
 (a) the amount of leave the employee is taking or will take;
 (b) the time at which the leave is taken;
 (c) the arrangements for taking the leave.
Note: If the employee's spouse or de facto partner is also an employee, the employees will be an employee couple for the purposes of the parental leave provisions of the National Employment Standards.
(3) If, before the FW (safety net provisions) commencement day:
 (a) an employee has taken a step that the employee is required to take so that the employee can, on or after the FW (safety net provisions) commencement day, take a type of leave referred to in subitem (1); and
 (b) an equivalent step is required under the National Employment Standards;
the employee is taken to have taken the step under the National Employment Standards.
Note: For example, if an employee has given the employer an application under section 271 of the WR Act so that the employee can take ordinary maternity leave, the employee is taken to have given the employer notice under section 74 of the FW Act of the taking of unpaid parental leave.
(4) If an employee is taken, by subitem (3), to have taken a step, in relation to leave, under the National Employment Standards, the employee is entitled to adjust the step consistently with the provisions of the National Employment Standards in relation to that type of leave.
Note: For example, an employee could vary the content of a notice given to the employer in