Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_94zk
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 94ZK
Character Range: 243741–245041

94ZK  The guarantee—pre‑adoption leave

 (1) This section applies if an employee is seeking to obtain approval to adopt an eligible child.

Entitlement to leave

 (2) The employee is entitled to a period of up to 2 days unpaid leave (pre‑adoption leave) to attend any interviews or examinations required to obtain the approval.

 (3) However, the employee is not entitled to take a period of pre‑adoption leave if:
 (a) the employee could take other authorised leave instead for the same period for the purpose mentioned in subsection (2); and
 (b) the employee's employer directs the employee to take such leave for the period.

 (4) An employee who is entitled to a period of pre‑adoption leave is entitled to take the leave as:
 (a) a single, unbroken, period of up to 2 days; or
 (b) any separate periods to which the employee and his or her employer agree.

Agreement between employees and employers

 (5) For the purposes of paragraph (4)(b), an employee and an employer are taken to agree about a particular matter in a particular way if a provision of a workplace agreement binding the employee and the employer specifies that the matter is to be dealt with in that way.

 (6) To avoid doubt, subsection (5) does not prevent employees and employers agreeing about matters by other means.