Industrial Relations Act 2016

This section applies if an employee wants to take surrogacy leave.

The employee must give the employer—

for long surrogacy leave—written notice of intention to take the leave at least 10 weeks before the expected date when the employee’s surrogate child is to start residing with the employee under the surrogacy arrangement (the expected residence date); and

at least 4 weeks written notice of the dates on which the employee wants to start and end the leave.

The employee must, before starting the leave, give the employer a statutory declaration by the employee stating—

the employee is an intended parent under a surrogacy arrangement; and

the expected residence date; and

for long surrogacy leave—

the period of leave sought by the employee; and

the period of any surrogacy leave sought by the employee’s spouse; and

that the employee is seeking the leave because the employee is to be responsible for the care of the child.