Section 81A — Fair Work Act 2009 (Cth)

(1) If:

(a) section 81 applies to a pregnant employee but there is no appropriate safe job available; and

(b) the employee is entitled to unpaid parental leave; and

(c) the employee has complied with the notice and evidence requirements of section 74 for taking unpaid parental leave;

then the employee is entitled to paid no safe job leave for the risk period.

(2) If the employee takes paid no safe job leave for the risk period, the employer must pay the employee at the employee’s base rate of pay for the employee’s ordinary hours of work in the risk period.

Related sections

• s 79B — Unpaid parental leave not extended by paid leave or keeping in touch days
• s 80 — Unpaid special parental leave
• s 81 — Transfer to a safe job
• s 82 — Employee on paid no safe job leave may be asked to provide a further medical certificate
• s 82A — Unpaid no safe job leave
• s 83 — Consultation with employee on unpaid parental leave

Research how courts apply s 81A

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.