northern territory public sector nurses and midwives - Office of the ...
northern territory public sector nurses and midwives - Office of the ...
northern territory public sector nurses and midwives - Office of the ...
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(g)<br />
(h)<br />
Where an Employee continues to work within <strong>the</strong> six (6) week period immediately prior<br />
to <strong>the</strong> expected date <strong>of</strong> birth, <strong>the</strong> Employee must provide a medical certificate stating<br />
that she is fit to work on her normal duties.<br />
The Employer may require <strong>the</strong> Employee to start ordinary maternity leave if <strong>the</strong><br />
Employee:<br />
(i)<br />
(ii)<br />
does not give <strong>the</strong> Employer <strong>the</strong> requested certificate within seven (7) days after<br />
<strong>the</strong> request; or<br />
within seven (7) days after <strong>the</strong> request for <strong>the</strong> certificate, gives <strong>the</strong> Employer a<br />
medical certificate stating that <strong>the</strong> Employee is unfit to work.<br />
(i)<br />
(j)<br />
Where a pregnant Employee who has already complied with <strong>the</strong> requirements <strong>of</strong><br />
paragraph (d) provides <strong>the</strong> CEO with a medical certificate from a medical practitioner<br />
stating that <strong>the</strong> Employee is fit to work, but illness or risks arising out <strong>of</strong> <strong>the</strong> pregnancy<br />
or hazards connected with <strong>the</strong> work assigned to <strong>the</strong> Employee make it inadvisable for<br />
<strong>the</strong> Employee to continue at her present work, <strong>the</strong> CEO must, if reasonably practicable,<br />
transfer <strong>the</strong> Employee to a safe job with no o<strong>the</strong>r change to <strong>the</strong> Employee’s terms <strong>and</strong><br />
conditions <strong>of</strong> employment until <strong>the</strong> commencement <strong>of</strong> ordinary maternity leave.<br />
If it is not reasonably practicable to transfer <strong>the</strong> Employee to a safe job, <strong>the</strong> Employee<br />
may take paid leave, or <strong>the</strong> Employer may require <strong>the</strong> Employee to take paid leave<br />
immediately for a period which ends at <strong>the</strong> earliest <strong>of</strong> ei<strong>the</strong>r:<br />
(i)<br />
(ii)<br />
(iii)<br />
<strong>the</strong> end <strong>of</strong> <strong>the</strong> period stated in <strong>the</strong> medical certificate;<br />
<strong>the</strong> day before <strong>the</strong> Employee commences ordinary maternity leave; or<br />
<strong>the</strong> day before <strong>the</strong> end <strong>of</strong> <strong>the</strong> pregnancy.<br />
(k)<br />
(l)<br />
Where an Employee’s child dies during a period <strong>of</strong> ordinary maternity leave, <strong>the</strong><br />
Employee may continue on leave for a maximum period <strong>of</strong> 52 weeks from <strong>the</strong> date <strong>of</strong><br />
commencement <strong>of</strong> leave, unless <strong>the</strong> Employee elects to resume duty, in which case <strong>the</strong><br />
provisions <strong>of</strong> sub-clause 53.14 apply.<br />
Subject to paragraph (d), where an Employee becomes pregnant whilst on a period <strong>of</strong><br />
ordinary maternity leave, <strong>the</strong> employee can elect to commence ano<strong>the</strong>r period <strong>of</strong> leave,<br />
in accordance with sub-clause 53.4(a)(i), 53.4 (a)(ii) or 53.4(a)(iii) from <strong>the</strong> date <strong>of</strong> <strong>the</strong><br />
birth <strong>of</strong> <strong>the</strong> child resulting from <strong>the</strong> subsequent pregnancy.<br />
53.5 Special Maternity Leave<br />
(a)<br />
In addition to any paid sick leave entitlements available to an Employee, subject to <strong>the</strong><br />
requirements <strong>of</strong> this sub-clause, an Employee who has not yet commenced ordinary<br />
maternity leave is entitled to take special maternity leave where:<br />
(i) She has a pregnancy related illness; or<br />
(ii) She has been at least 12 weeks pregnant <strong>and</strong> <strong>the</strong> pregnancy has ended o<strong>the</strong>r than by<br />
<strong>the</strong> birth <strong>of</strong> a living child.<br />
51<br />
NTPS NURSES AND MIDWIVES’ 2011-2014 Enterprise Agreement