Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_94u
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 94U
Character Range: 227796–230169

94U  Period of paternity leave

 (1) In this section:

related authorised leave, in relation to paternity leave taken (or to be taken) by an employee because his spouse has given birth to a living child, means any of the following types of authorised leave other than the paternity leave:
 (a) authorised leave taken by the employee because of any of the following:
 (i) the birth of the child;
 (ii) the death of the child;
 (b) maternity leave, or any other authorised leave of the same type as maternity leave, taken by the employee's spouse because of the birth of the child or the pregnancy.

 (2) An employee may take a period of paternity leave as part of a continuous period including any other authorised leave.

 (3) The maximum total amount of paternity leave (including short paternity leave and long paternity leave) to which an employee is entitled in relation to the birth of a child by his spouse is 52 weeks, less an amount equal to the total amount of related authorised leave taken:
 (a) by the employee before or after the paternity leave; and
 (b) by the spouse before, during or after the paternity leave.

Example: Max's spouse Rachel is pregnant, and Max is an employee entitled to paternity leave. He intends to take 2 periods of authorised leave because of the birth of the child. The first is to consist of 5 weeks: 1 week of short paternity leave and 4 weeks of annual leave. The second is to consist of a later period of long paternity leave starting 20 weeks after the birth, when Max is to be the primary care‑giver for the child after Rachel returns to work.

 Rachel has not taken any special maternity leave or other authorised leave during her pregnancy. She intends to take 20 weeks of maternity leave because of the birth of the child.

 The maximum amount of long paternity leave to which Max is entitled is 27 weeks, worked out as follows:

(a) the maximum entitlement of any employee to paternity leave is 52 weeks;

(b) the maximum amount of long paternity leave available to Max must be reduced by 1 week for his short paternity leave;

(c) the maximum amount must also be reduced by 4 weeks for Max's annual leave;

(d) the maximum amount must be further reduced by 20 weeks for Rachel's maternity leave.

Note: A period of long paternity leave must end within 12 months after the date of birth of the child (see section 94ZB).