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reg 17

Maternity leave

In force
Part 2Prescribed employees
Division 2Leave and non‑attendance days

17 Maternity leave

(1)

Subject to these regulations, the Chief Executive will grant a female prescribed employee who is pregnant maternity leave for a period commencing at any time after the issue of a medical certificate confirming the employee's pregnancy and ending no later than the close of the TAFE year in which the first anniversary of the birth falls.

(2)

An application for maternity leave must—

(a)

specify the period for which leave is sought; and

(b)

be accompanied by a medical certificate indicating the expected date of birth.

(3)

The Chief Executive may, on application by a prescribed employee, vary the period of leave previously specified in an application for leave under this regulation (but not so as to extend the leave beyond the end of the period specified in subregulation (1)).

(4)

Maternity leave granted in accordance with this regulation is without pay, but—

(a)

a prescribed employee entitled to long service leave under the Act may use any of that entitlement during the period that she is on leave;

and

(b)

if a prescribed employee, while on maternity leave, suffers or sustains a sickness or injury that is, in the opinion of the Chief Executive, unconnected with the pregnancy or birth or is a significant abnormal medical condition arising out of the pregnancy or birth, the Chief Executive may, on application by the employee accompanied by a medical certificate, grant the employee paid sick leave for a period not exceeding the sick leave standing to the credit of the employee.

(5)

A prescribed employee who has been granted maternity leave must give the Chief Executive at least 4 weeks' prior notice in writing of the date on which she intends to resume duty.

(6)

A prescribed employee who resumes duty after a period of maternity leave will, subject to any agreement to the contrary between the employee and the Chief Executive, resume in the position she held at the time she commenced that leave.

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