Section 110 — Fair Work Act 2009 (Cth)

Notice

(1) An employee who wants an absence from his or her employment to be covered by this Division must give his or her employer notice of the absence.

(2) The notice:

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

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

Evidence

(3) An employee who has given his or her employer notice of an absence under subsection (1) must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the absence is because the employee has been or will be engaging in an eligible community service activity.

Compliance

(4) An employee’s absence from his or her employment is not covered by this Division unless the employee complies with this section.

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

Related sections

• s 107 — Notice and evidence requirements
• s 108 — Entitlement to be absent from employment for engaging in eligible community service activity
• s 109 — Meaning of eligible community service activity
• s 111 — Payment to employees (other than casuals) on jury service
• s 112 — State and Territory laws that are not excluded
• s 113 — Entitlement to long service leave

Research how courts apply s 110

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