Document ID: chunk:federal_register_of_legislation:C2012A00109:clause:2_12
Version: federal_register_of_legislation:C2012A00109
Segment Type: clause
Provision Reference: sch 2 cl 12
Character Range: 64224–65206

12  Subsection 71(3)
Repeal the subsection, substitute:
 (3) If the leave is birth‑related leave for a female employee who is pregnant with, or gives birth to, the child, the period of leave may start:
 (a) up to 6 weeks before the expected date of birth of the child; or
 (b) earlier, if the employer and employee so agree;
but must not start later than the date of birth of the child.
Note 1: If the employee is not fit for work, she may be entitled to:
(a) paid personal leave under Subdivision A of Division 7; or
(b) unpaid special maternity leave under section 80.
Note 2: If it is inadvisable for the employee to continue in her present position, she may be entitled under section 81:
(a) to be transferred to an appropriate safe job; or
(b) to paid no safe job leave.
Note 3: Section 344 prohibits the exertion of undue influence or undue pressure on the employee in relation to a decision by the employee whether to agree as mentioned in paragraph (3)(b) of this section.