Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 67

Employees other than casual employees

  (1)   An employee, other than a casual employee, is not entitled to leave under this Division (other than unpaid pre - adoption leave or unpaid no safe job leave) unless the employee has, or will have, completed at least 12 months of continuous service with the employer immediately before the date that applies under subsection   (3).

  (1A)   For the purposes of applying subsection   (1) in relation to an employee who has had their employment changed under Division   4A of Part   2 - 2, any period for which the employee was a regular casual employee of the employer is taken to be continuous service for the purposes of that subsection.

Casual employees

  (2)   A casual employee, is not entitled to leave (other than unpaid pre - adoption leave or unpaid no safe job leave) under this Division unless:

  (a)   the employee is, or will be, immediately before the date that applies under subsection   (3), a regular casual employee of the employer who has been employed on that basis for a sequence of periods of employment during a period of at least 12 months; and

  (b)   but for:

  (i)   the birth or expected birth of the child; or

  (ii)   the placement or the expected placement of the child;

    the employee would have a reasonable expectation of continuing employment by the employer on a regular and systematic basis.

Date at which employee must have completed 12 months of service

  (3)   For the purposes of subsections   (1) and (2), the date that applies is:

  (a)   if the leave is:

  (i)   birth - related leave starting before the birth of the child; or

  (ii)   unpaid special parental leave;

    the expected date of birth of the child; or

  (b)   in any other case--the date on which the employee's period of leave is to start.

Meaning of birth - related leave

  (4)   Birth - related leave means leave of either of the following kinds:

  (a)   unpaid parental leave taken in association with the birth of a child (see section   70);

  (b)   unpaid special parental leave (see section   80).

Meaning of adoption - related leave

  (5)   Adoption - related leave means leave of either of the following kinds:

  (a)   unpaid parental leave taken in association with the placement of a child for adoption (see section   70);

  (b)   unpaid pre - adoption leave (see section   85).

Meaning of day of placement

  (6)   The day of placement , in relation to the adoption of a child by an employee, means the earlier of the following days:

  (a)   the day on which the employee first takes custody of the child for the adoption;

  (b)   the day on which the employee starts any travel that is reasonably necessary to take custody of the child for the adoption.