Document ID: chunk:federal_register_of_legislation:C2021C00525:section:6:p2
Version: federal_register_of_legislation:C2021C00525
Segment Type: section
Provision Reference: s 6 (pt 2/4)
Character Range: 12117–14726

the sum of the periods of absence, exceeds 12 weeks—for the first 12 weeks of that absence; and
 (b) in any other case—for the whole of that absence.
 (4) An employee is not entitled, under subsection (3), to pay in respect of any absence that occurs before the day on which the continuous period, or the last continuous period, during which she is, by virtue of subsection (4A), to be taken to be a person to whom this subsection applies first exceeds 12 months.
 (4A) A person shall be taken to be a person to whom subsection (4) applies by virtue of this subsection:
 (a) while she is a person to and in relation to whom this Act applies; or
 (b) while she is employed by a body corporate (not being an incorporated company, society or association), or an unincorporated body, established for a public purpose by a law of the Commonwealth or of a Territory other than the Northern Territory but is not a person to and in relation to whom this Act applies.
 (4B) A person shall not be taken to be a person to whom subsection (4) applies by virtue of subsection (4A) during any period during which, by virtue of subsection 5(3), this Act does not apply to or in relation to her.
 (4C) Where an employee is absent from duty on unauthorized absence immediately before the commencement of the period during which, but for the operation of paragraph (a) of this subsection, the employee would be required by paragraph (1)(b) to absent herself from duty in connection with her expected confinement, or with her confinement, as the case may be, unless the Agency Head determines that the unauthorized absence occurs in extenuating circumstances:
 (a) the other provisions of this Act do not apply to her in connection with her expected confinement, or with her confinement, as the case may be;
 (b) she shall absent herself from duty during that first‑mentioned period, but, subject to subsection (4D), is not entitled to pay in respect of the period while she is so absent; and
 (c) if, upon the expiration of that first‑mentioned period, she remains absent from duty on unauthorized absence, her unauthorized absence before the commencement of that period shall be deemed to be continuous with her unauthorized absence after the expiration of that period.
 (4D) Subsection (4C) does not affect an employee's entitlement to pay for any period of long service leave or leave of absence for recreation or on account of illness that is granted to her.
 (4E) Where a female employee who is granted leave of absence without pay has become pregnant before, or becomes pregnant after, the commencement of that leave, her