Australia: NSW Launches Paid Miscarriage or Pre-Term Birth Leave for Public Sector Employees

From July 1, New South Wales public-sector employees are entitled to the following benefits.

Paid Leave for in the event of a miscarriage or pre-term birth

• Leave in the event of a miscarriage

Where an employee or the spouse of an employee miscarries, the employee is entitled to 5 days paid special miscarriage leave on each occasion a pregnancy ceases by way of miscarriage up to 20 weeks.

This leave commences from the date the miscarriage occurs and must be taken in one continuous block of leave. Paid special miscarriage leave cannot be taken with any other form of leave available to the employee.

• Leave in the event of a pre-term birth

Where an employee or the spouse of an employee gives birth to a pre-term child (before 37 weeks), the parent with the primary caring responsibility is entitled to paid special pre-term parental leave from the date of birth of the child (or children from a multiple birth) up to the end of 36 weeks.

Immediately following the period of paid special pre-term parental leave and at the commencement of 37 weeks, paid parental leave of up to 14 weeks per the relevant industrial instrument will apply to the parent with the primary caring responsibility.

An employee who will not have primary responsibility for their child at the time of birth is entitled to:

• up to two weeks paid parental leave to be taken at the time of the birth of the child; and
• up to 12 weeks additional paid parental leave within the first 12 months from the date of birth provided that the employee assumes primary responsibility for the child’s care during the 12 weeks.

Eligible employees are those who have or would have, if not for the pre-term birth, completed 40 weeks of continuous service at the expected due date.

This leave commences from the date the pre-term birth occurs and must be taken in one continuous block of leave up to the end of 36 weeks. Paid special pre-term parental leave must not be taken with any other form of leave available to the employee.

For more information – please go here.