Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_128
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 128
Character Range: 567240–569518

128  Parental leave entitlements

 (1) At the time of transmission:
 (a) the new employer becomes liable for a transferring employee's entitlements (if any) in relation to parental leave that are:
 (i) entitlements under the Australian Fair Pay and Conditions Standard; and
 (ii) entitlements for which the old employer was liable immediately before the time of transmission; and
 (b) the old employer ceases to be liable for those entitlements.

 (2) The following count as service with the new employer for the purpose of working out a transferring employee's entitlement to parental leave under the Australian Fair Pay and Conditions Standard:
 (a) the transferring employee's service with the old employer that counted for the purposes of working out the transferring employee's entitlement to parental leave;
 (b) any service with a previous employer that the old employer recognised as service with the old employer for the purposes of working out the transferring employee's entitlement to parental leave.

 (3) If:
 (a) documentation for parental leave, required under Division 6 of Part VA, is given to the old employer by a transferring employee before the time of transmission; and
 (b) the leave applied for has not started before the time of transmission; and
 (c) the entitlement to that leave arises under the Australian Fair Pay and Conditions Standard; and
 (d) the old employer notifies the new employer of the documentation under subsection (4);
the documentation is treated as if it had been given to the new employer.

 (4) The old employer must notify the new employer of:
 (a) any person who:
 (i) is, or who is likely to be, a transferring employee; and
 (ii) is on parental leave at the time of transmission on the basis of an entitlement under the Australian Fair Pay and Conditions Standard; and
 (b) documentation for parental leave that is given to the old employer before the time of transmission by a person who is, or is likely to be, a transferring employee if the documentation was given to the old employer on the basis of an entitlement under the Australian Fair Pay and Conditions Standard.
The notification must be given in writing within 14 days after the time of transmission.

Note: This is a civil remedy provision, see section 129C.