Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 85

Entitlement to unpaid pre - adoption leave

  (1)   An employee is entitled to up to 2 days of unpaid pre - adoption leave to attend any interviews or examinations required in order to obtain approval for the employee's adoption of a child.

Note:   Entitlement is also affected by section   68 (which deals with the age etc. of the adopted child).

  (2)   However, an employee is not entitled to take a period of unpaid pre - adoption leave if:

  (a)   the employee could instead take some other form of leave; and

  (b)   the employer directs the employee to take that other form of leave.

  (3)   An employee who is entitled to a period of unpaid pre - adoption leave is entitled to take the leave as:

  (a)   a single continuous period of up to 2 days; or

  (b)   any separate periods to which the employee and the employer agree.

Notice and evidence

  (4)   An employee must give the employee's employer notice of the taking of unpaid pre - adoption leave by the employee.

  (5)   The notice:

  (a)   must be given to the employer as soon as practicable (which may be a time after the leave has started); and

  (b)   must advise the employer of the period, or expected period, of the leave.

  (6)   An employee who has given the employee's employer notice of the taking of unpaid pre - adoption leave must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the leave is taken to attend an interview or examination as referred to in subsection   (1).

  (7)   An employee is not entitled to take unpaid pre - adoption leave unless the employee complies with subsections   (4) to (6).

Note:   Personal information given to an employer under this section may be regulated under the Privacy Act 1988 .