Document ID: chunk:federal_register_of_legislation:C2025C00150:section:72a:p2
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 72A (pt 2/2)
Character Range: 309976–311931

The employee may take the flexible unpaid parental leave whether or not the employee has taken unpaid parental leave under another provision of this Division in relation to the child.
 (5) However, the employee may take flexible unpaid parental leave after taking one or more periods of unpaid parental leave under another provision of this Division only if the total of those periods (disregarding any extension under section 76A) is no longer than 12 months, less the employee's notional flexible period.

Meaning of notional flexible period
 (6) An employee's notional flexible period is the period during which the employee would be on flexible unpaid parental leave if the employee took leave for all the employee's flexible days in a single continuous period. For this purpose, the employee's flexible days are the flexible days notified to the employer under subsection 74(3C) (subject to any agreement under subsection 74(3D)).
 (7) For the purposes of subsection (6), assume that:
 (a) the employee ordinarily works each day that is not a Saturday or a Sunday; and
 (b) there are no public holidays during the period.

Multiple births
 (10) An employee is not entitled to take flexible unpaid parental leave in relation to a child if:
 (a) the child and another child:
 (i) are born during the same multiple birth; or
 (ii) are both placed with the employee for adoption and have the same day of placement; and
 (b) the employee takes flexible unpaid parental leave in relation to the other child.

Interaction with section 71
 (11) Flexible unpaid parental leave taken by an employee is an exception to the rules in section 71 about:
 (a) taking the employee's unpaid parental leave in a single continuous period; and
 (b) when the employee's period of unpaid parental leave must start.
 (12) Despite anything in subsection (11), flexible unpaid parental leave cannot be used to break up a period of unpaid parental leave taken under section 71.