Clause 7

by deleting subsection (1) and substituting the following subsections:“(1) Subject to this section, every female employee shall be entitled to absent herself from work —

during —

the period of 4 weeks immediately before her confinement; and

the period of 8 weeks immediately after her confinement;

during a period of 12 weeks, as agreed to by her and her employer, commencing —

not earlier than 28 days immediately preceding the day of her confinement; and

not later than the day of her confinement; or

during —

a period of 8 weeks, as agreed to by her and her employer, commencing —

not earlier than 28 days immediately preceding the day of her confinement; and

not later than the day of her confinement; and

one or more further periods, not exceeding 24 days in the aggregate, as agreed to by her and her employer, which shall be within the period of 6 months commencing on the day of her confinement.(1A) Subject to this section, every female employee shall be entitled to receive payment from her employer at her gross rate of pay for any of the following periods (referred to in this Part as the benefit period):

where subsection (1)(a) applies, the period of 4 weeks referred to in subsection (1)(a)(i) and the first 4 weeks of the period referred to in subsection (1)(a)(ii);

where subsection (1)(b) applies, the first 8 weeks of the period referred to in subsection (1)(b); or

where subsection (1)(c) applies, the period of 8 weeks referred to in subsection (1)(c)(i).”;

by deleting subsection (4) and substituting the following subsection:“(4) Notwithstanding any collective agreement or award to the contrary, a female employee shall not be entitled to any payment under subsection (1A) for any confinement if, at the time of the confinement —

she has 2 or more living children; and

those children were born during more than one previous confinement.”; and

by inserting, immediately after subsection (5), the following subsection:“(6) Where the employment of a female employee is terminated (whether by resignation or dismissal, upon the completion of her contract of service, or for any other reason) before she has exercised, wholly or partly, her entitlement to absent herself from work during a period referred to in subsection (1)(c)(ii), she shall forfeit that entitlement (or the balance thereof) upon the termination of her employment.”.