Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_94c
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 94C
Character Range: 201113–203128

94C  The guarantee

 (1) For the purposes of this Division, maternity leave is:
 (a) unpaid leave (special maternity leave) taken by an employee because:
 (i) she is pregnant, and has a pregnancy‑related illness; or
 (ii) she has been pregnant, and the pregnancy has ended within 28 weeks before the expected date of birth of the child otherwise than by the birth of a living child; or
 (b) a single, unbroken period of unpaid leave (ordinary maternity leave) taken in respect of the birth, or the expected birth, of a child of an employee (other than leave taken as special maternity leave).

 (2) Subject to this Subdivision and Subdivision D, an employee is entitled to maternity leave if:
 (a) she complies with the documentation requirements under Subdivision C, to the extent to which they apply to her; and
 (b) immediately before the expected date of birth of the child:
 (i) she has, or will have, completed at least 12 months continuous service with her employer; or
 (ii) she is, or will be, an eligible casual employee.

Note: Entitlement to maternity leave is subject to the restrictions in sections 94D and 94E and Subdivision D.

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

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

 (4) Subject to this Division, an employee may take special maternity leave, ordinary maternity leave, or both.