PART 4 PART 4 MATERNITY AND PATERNITY RIGHTS
33. Maternity leave(1) An Employee shall be entitled to a minimum maternity leave entitlement of 65 business days.(2) An Employee shall be entitled to be paid in accordance with section 34 during the minimum maternity leave in subsection (1)if she —(a) will have been continuously employed with her Employer for at least 12 months preceding the expected or actual week of childbirth;(b) notifies her Employer in writing that she is pregnant at least 8 weeks before the expected week of childbirth, if requested by the Employer;(c) provides a medical practitioner's certificate stating the expected or actual birth date, if requested by the Employer; and(d) notifies her Employer in writing at least 21 days before the day the Employee proposes to begin her maternity leave.(3) The maternity rights granted under sections 33 and 34 also apply to a female Employee who is adopting a child of less than 3 months old and, in such case, references to childbirth are treated as references to the date of adoption.(4) Annual leave shall continue to accrue during maternity leave and may be taken separately.
34. Maternity pay(1) An Employer shall pay maternity pay at —(a) the Employee's normal daily wage for the first 33business days of maternity leave; and(b) 50 per cent of the Employee's normal daily wage for the next 32 business days of maternity leave.(2) An Employee cannot receive compensation in lieu of maternity leave.(3) Any national holidays falling on a business day within the maternity leave period shall be treated as additional leave thereby having the effect of extending the maternity leave by the period of the national holiday.
35. Paternity leave and pay(1) An Employee who becomes a father to a newly-born child shall be entitled to a minimum paternity leave entitlement of 5business days to be taken within two months of the date of birth of the child.(2) During the Employee's minimum paternity leave, the Employer shall pay paternity pay at the Employee's normal daily wage.(3) The Employee cannot receive compensation in lieu of paternity leave.(4) Any national holidays falling on a business day within the paternity leave period shall be treated as additional leave thereby having the effect of extending the paternity leave by the period of the national holiday.
36. Right to return to work(1) An Employer shall not, because of an Employee's pregnancy, maternity leave or paternity leave —(a) terminate the employment; or(b) change the position or condition of employment without the Employee's prior written consent.(2) An Employee has the right to return to work at the end of maternity leave granted under section 33 to the same role or a suitable alternative on the same terms and conditions, and with same seniority rights she would have had, had she not taken maternity leave.(3) An Employee has the right to return to work at the end of paternity leave granted under section 35 to the same role and with same seniority rights he would have had, had he not taken paternity leave.