Document ID: chunk:federal_register_of_legislation:C2021C00525:section:6:p1
Version: federal_register_of_legislation:C2021C00525
Segment Type: section
Provision Reference: s 6 (pt 1/4)
Character Range: 9760–12332

6  Absence from duty in relation to childbirth
 (1) A female employee who has become pregnant (whether before or after being employed by the Commonwealth or a prescribed authority):
 (a) shall, on application made to a leave officer before she is confined, be granted by the leave officer permission to absent herself from duty during a period not exceeding 52 weeks commencing on the date of commencement of the period during which she is required, in accordance with paragraph (b), to absent herself from duty;
 (b) shall, subject to section 7, whether or not she has been granted permission under paragraph (a), absent herself from duty during a period that:
 (i) if she is still pregnant 6 weeks before the expected date of birth of her child—commences 6 weeks before the expected date of birth of her child and continues until the expiration of a period of 6 weeks commencing on the date of her confinement; or
 (ii) if she is confined earlier than 6 weeks before the expected date of birth of her child—commences on the date of her confinement and continues for 6 weeks; and
 (c) shall, on application made to a leave officer:
 (i) while she is, or after she has been, absent from duty in accordance with permission granted under paragraph (a) or under this paragraph; or
 (ii) if no such permission has been granted—while she is, or after she has been, absent from duty in pursuance of paragraph (b);
  be granted by the leave officer permission to absent herself from duty during a further period ending on or before the expiration of a period of 52 weeks commencing on the date of commencement of the period during which she is or was required, in accordance with paragraph (b), to absent herself from duty.
 (2) Where the pregnancy of a female employee terminates other than by way of a confinement:
 (a) she shall not, after that termination, be granted permission to be absent from duty in accordance with this section in respect of that pregnancy; and
 (b) if, before that termination, she has been granted permission to be absent from duty in accordance with this section, that grant shall be cancelled.
 (3) Subject to subsections (4), (4C) and (4F), an employee who has been confined and who has been absent from duty for a period or periods in accordance with this section is entitled to pay:
 (a) in a case where the period of absence, or the sum of the periods of absence, exceeds 12 weeks—for the first 12 weeks of that absence; and
 (b) in any other case—for the whole of that absence.
 (4) An employee is not entitled, under subsection (3), to pay in