Section 82A — 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 not entitled to unpaid parental leave; and

(c) if required by the employer—the employee has given the employer evidence that would satisfy a reasonable person of the pregnancy;

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

(2) Without limiting subsection (1), an employer may require the evidence referred to in paragraph (1)(c) to be a medical certificate.

Related sections

• s 81 — Transfer to a safe job
• s 81A — Paid no safe job leave
• s 82 — Employee on paid no safe job leave may be asked to provide a further medical certificate
• s 83 — Consultation with employee on unpaid parental leave
• s 84 — Return to work guarantee
• s 84A — Replacement employees

Research how courts apply s 82A

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