Document ID: chunk:federal_register_of_legislation:C2021C00525:section:6:p3
Version: federal_register_of_legislation:C2021C00525
Segment Type: section
Provision Reference: s 6 (pt 3/4)
Character Range: 14490–17049

absence for recreation or on account of illness that is granted to her.
 (4E) Where a female employee who is granted leave of absence without pay has become pregnant before, or becomes pregnant after, the commencement of that leave, her absence from duty in accordance with the grant during any part of the period of 52 weeks commencing 6 weeks before the expected birth of her child or, if she is confined earlier than 6 weeks before the expected birth of her child, commencing on the date of her confinement, shall be deemed, for the purposes of paragraph (1)(c) and subsection (3), to be absence from duty in accordance with a permission granted under paragraph (1)(a).
 (4F) Notwithstanding subsection (4E), where a female employee who is granted leave of absence from her employment without pay for a period (in this subsection referred to as the relevant period), being a period exceeding 6 weeks, has become pregnant before, or becomes pregnant after, the commencement of that leave, unless the Agency Head otherwise determines:
 (a) subsection (1) does not authorize a leave officer to grant her permission to absent herself from duty under this Act at any time while she is absent from duty in accordance with that grant; and
 (b) she is not entitled to pay under subsection (3) in respect of that employment for any part of the relevant period.
 (4G) Subsection (4F) applies to and in relation to an employee who has been granted leave of absence without pay for a period whether or not she ceases to be absent from duty on leave without pay before the expiration of that period, but does not apply to such an employee unless she is absent on leave without pay in accordance with the grant for a continuous period exceeding 6 weeks.
 (5) Where, under subsection (3), an employee is entitled to pay in respect of a period, the pay that the employee is to receive shall be the pay, salary, wage or other payment that the employee would have received if, for that period, she had been granted leave of absence on full pay on account of illness.
 (7) Where:
 (a) an employee has, under paragraph (1)(a) or (1)(c), been granted permission to be absent from duty for a period; and
 (b) the employee applies for leave of absence of any kind with pay in respect of the whole or any part of that period, excluding a period in respect of which pay is payable under subsection (3);
that application shall, if the employee is eligible for the leave to which the application relates, be granted.
 (8) The grant of leave of absence of any kind with pay in respect