Common use of Effect of Maternity Leave on Employment Clause in Contracts

Effect of Maternity Leave on Employment. Absence on maternity leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of any relevant Award or agreement but in accordance with s. 11(5)(a) of the Industrial Relations Act 1999 shall be taken into account in calculating entitlement to annual leave to a maximum of 3 months: Provided that where an employee on maternity leave does not return to the service of the employer prior to or following completion of maternity leave and thereafter remain in the service of that employer for a continuous period of 3 months, such employee shall forfeit the right to have any part of the period of maternity leave taken into account in calculating entitlements to or in lieu of annual leave. This proviso shall not apply in the case of termination of employment by the employer otherwise than for serious misconduct.

Effect of Maternity Leave on Employment. Absence on maternity leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of any relevant Award or agreement but in accordance with s. 11(5)(a) of the Industrial Relations Act 1999 this Union Collective Agreement shall be taken into account in calculating entitlement to annual leave to a maximum of 3 months: Provided that where an employee on maternity leave does not return to the service of the employer prior to or following completion of maternity leave and thereafter remain in the service of that employer for a continuous period of 3 months, such employee shall forfeit the right to have any part of the period of maternity leave taken into account in calculating entitlements to or in lieu of annual leave. This proviso shall not apply in the case of termination of employment by the employer otherwise than for serious misconduct.