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MATERNITY LEAVE (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1973 No. 72, 1973 - SECT 12

Absence from duty during relevant period.
12. (1) In this section-

''employee'' includes a person who would, if this Act had commenced on 1st
January, 1973, have been an employee during the whole or a part of the
relevant period but who ceased to be employed by the Commonwealth or a
prescribed authority before the commencement of this Act;

''relevant period'' means the period that commenced on 1st January, 1973, and
ended on the day immediately before the commencement of this Act.

(2) A reference in this section to absence from duty on leave shall be read as
including a reference to absence from duty with the permission or consent of
the relevant authority or in accordance with law.

(3) Where-

   (a)  a female employee who has been pregnant and who was confined before
        the commencement of this Act was, by reason of her pregnancy or
        confinement, absent from duty on leave for a period; and

   (b)  that period of absence occurred both during the relevant period and
        during-

        (i)    where the confinement occurred on or after the expected date of
               birth of the child-the period that commenced six weeks before
               the expected date of birth of the child and continued until the
               expiration of a period of six weeks commencing on the date of
               the confinement; or

        (ii)   in any other case-a period that commenced on or after the day
               six weeks before, and not later than, the date of the
               confinement and continued for not more than twelve weeks, she
               is entitled-

   (c)  if that period of absence was without pay-to pay in respect of that
        period; or

   (d)  in any other case-to be credited with leave of the same kind and
        amount as the leave taken during that period.

(4) Where-

   (a)  a female employee who is pregnant at the commencement of this Act was,
        by reason of her pregnancy, absent from duty on leave for a period;
        and

   (b)  that period of absence occurred during the relevant period and after
        the date six weeks before the expected date of birth of her child or
        the date of her confinement, whichever is the earlier date, she is
        entitled-

   (c)  if that period of absence was without pay-to pay in respect of that
        period; or

   (d)  in any other case-to be credited with leave of the same kind and
        amount as the leave taken during that period.

(5) A female employee who is, or was, confined before the expected date of the
birth of her child is not entitled under sub-section (3) or (4) to be paid or
credited with respect to a period of absence if the result of the payment or
credit would be that the employee would receive under sub-section (3) or (4)
of this section and under sub-section 6 (4) pay or credit, or pay and credit,
with respect to periods of absence in respect of a particular confinement that
amount in the aggregate to more than twelve weeks.

(6) Where, under sub-section (3) or (4), 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 male employee has, during the relevant period, been absent from
duty on leave for a period for the purpose of caring for a woman, or the child
of a woman, who-

   (a)  at the time of the commencement of that absence expected to be
        confined within one week; or

   (b)  had been confined not earlier than five weeks before that time, the
        male employee is, subject to sub-sections (8) and (9), entitled-

   (c)  if that period of absence was without pay-to pay in respect of that
        period; or

   (d)  in any other case-to be credited with leave of the same kind and
        amount as the leave taken during that period.

(8) A male employee is not entitled under sub-section (7) to be paid or
credited with respect to a period of absence unless he is the father of, or
has, or has taken, responsibility for the care and maintenance of the child
born, or to be born, of the woman concerned.

(9) A male employee is not entitled under sub-section (7) to be paid or
credited with respect to a period of absence if the result of the payment or
crediting would be that the employee would receive under this Act pay or
credit, or pay and credit, with respect to periods of absence in respect of a
particular confinement that amount in the aggregate to more than one week.

(10) Where, under sub-section (7), 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 in respect of that
period if he had continued on duty during that period.

(11) Where a person who is entitled to be credited under this section with
recreation leave, long service leave or furlough ceased to be employed by the
Commonwealth or a prescribed authority before the commencement of this Act,
that person shall be paid an amount in lieu of that leave or furlough at a
rate of pay equal to the rate of pay that would have been applicable if the
person had been paid in lieu of that leave or furlough when he ceased to be so
employed. 


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