Industrial Relations Act 2016

A pregnant employee is entitled to unpaid leave (late term pregnancy leave) for a period immediately before the employee starts birth-related leave.

Late term pregnancy leave can not start earlier than 6 weeks before the expected date of birth.

The employee must, before starting the leave, give the employer at least 4 weeks written notice of intention to take the leave.

The employee may withdraw the notice of intention to take late term pregnancy leave by written notice to the employer before the leave starts.

Subject to subsection (6), late term pregnancy leave must be taken as a single continuous period continuing until the employee starts birth-related leave.

Late term pregnancy leave may be interrupted by special pregnancy-related leave or sick leave under section 85.

If, while an employee is taking late term pregnancy leave, the pregnancy ends other than by the birth of a living child, the employee is entitled to resume work at a time nominated by the employer within 2 weeks after the day on which the employee gives the employer a written notice stating—

that the employee intends to resume work; and

the reason for the resumption.