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5.6A.1 Simplified outline for this Part

Premature birth leave provides a period of paid leave to a member who has given birth prematurely, or to a member whose partner has given birth prematurely. This period of leave is in addition to a period of paid maternity leave or parental leave that the member may be eligible for.

A child is born prematurely if they are born alive and before they have reached 37 weeks’ gestation.

If a member has given birth prematurely, the member may take premature birth leave after they have taken their paid maternity leave (see Division 2).

If the member’s partner has given birth prematurely, the member may take premature birth leave before they access any parental leave (see Division 3).

5.6A.2 Definitions

Guidance

Example: A member is due to give birth on 17 December. They give birth prematurely on 9 November which is a gestation period of 34 weeks and 4 days. The member is eligible for a period of 2 weeks and 3 days of premature birth leave.

5.6A.3 Member this Part applies to

5.6A.4 Premature birth leave and qualifying service

Guidance

Example: A member has not completed their qualifying service when they would be eligible to commence a period of 3 weeks of premature birth leave. One week later they complete their qualifying service. The member is eligible for 2 weeks of premature birth leave. 

5.6A.5 Taking premature birth leave

5.6A.6 Premature birth leave lapsing

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