Maternity and adoption leave
53 Maternity and adoption leave
Wages are exempt wages if they are paid or payable to an employee in respect of—
maternity leave, being leave given to a female employee in connection with her pregnancy or the birth of her child (other than sick leave, recreation leave, annual leave or any similar leave), or
adoption leave, being leave given to an employee in connection with the adoption of a child by him or her (other than sick leave, recreation leave, annual leave or any similar leave).
It is immaterial whether the leave is taken during or after the pregnancy or before or after the adoption.
The exemption is limited to wages paid or payable in respect of a maximum of 14 weeks maternity leave in respect of any one pregnancy and 14 weeks adoption leave in respect of any one adoption.
In subsection (3)—
a reference to 14 weeks maternity leave or 14 weeks adoption leave includes a reference to an equivalent period of leave at a reduced rate of pay, and
a reference to wages paid or payable in respect of a period of leave is a reference to the total wages that would normally have been paid or payable for that period of leave.
Note.
For a part-time employee, the exemption may apply to wages paid or payable for maternity leave or adoption leave that extends to 28 weeks at half of the part-time rate of pay that would normally apply to the employee.
The exemption does not apply to any part of wages paid or payable in respect of maternity or adoption leave that comprises fringe benefits.
Note.
Clause 13A of Schedule 2 provides for a similar exemption for paternity leave given to a male employee. That exemption is not included in some corresponding laws.
This Act’s bill:Explanatory memorandumSecond reading speech
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