Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_94t
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 94T
Character Range: 225854–227796

94T  The guarantee

 (1) For the purposes of this Division, paternity leave is:
 (a) a single, unbroken period of unpaid leave (short paternity leave) of up to one week taken by a male employee within the week starting on the day his spouse begins to give birth; or
 (b) a single, unbroken period of unpaid leave (long paternity leave), other than short paternity leave, taken by a male employee after his spouse gives birth to a living child so that the employee can be the child's primary care‑giver.

 (2) Subject to this Subdivision and Subdivision G, an employee is entitled to paternity leave if:
 (a) he complies with the documentation requirements under Subdivision F, to the extent to which they apply to him; and
 (b) immediately before the first day on which the paternity leave is, or is to be, taken:
 (i) he has, or will have, completed at least 12 months continuous service with his employer; or
 (ii) he is, or will be, an eligible casual employee.

Note: Entitlement to paternity leave is subject to the restrictions in sections 94U and 94W and Subdivision G.

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

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

 (4) Subject to this Division, an employee may take short paternity leave, long paternity leave, or both.