Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 1999 - SECT 26

(1) Parental leave applied for but not started is automatically cancelled if—

(a) the employee withdraws the application for leave by written notice to the employer; or

(b) the pregnancy terminates other than by the birth of a living child; or

(c) the placement of the child with the employee for adoption purposes does not proceed; or

(d) a child does not start residing with the employee under the surrogacy arrangement.

(2) If, while an employee is on parental leave—

(a) the pregnancy terminates other than by the birth of a living child; or

(b) the child in relation to whom the employee is on parental leave dies; or

(c) the placement of the child with the employee for adoption purposes does not proceed or continue; or

(d) the residence of the child with the employee under the surrogacy arrangement does not start or continue;

the employee is entitled to resume work at a time nominated by his or her employer within 2 weeks after the day on which the employee gives his or her employer a written notice stating the employee intends to resume work and the reason for the resumption.

(3) This section does not affect an employee's entitlement to special maternity leave or sick leave under section 37.