s70-72A: ss 70 to 72A Provide 12 months' unpaid parental leave, including up to 100 flexible days
An eligible employee with responsibility for the care of a child born to the employee or spouse or placed for adoption is entitled to 12 months of unpaid parental leave, taken in a single continuous period (birth-related leave may start up to 6 weeks before the expected birth, or earlier by agreement, and must end within 24 months of the birth or placement), plus up to 100 days of flexible unpaid parental leave (or a higher prescribed number) taken as single or separate days within 24 months of birth or placement, or from 6 weeks before the expected birth, available in full to part-time and casual employees and coming out of the 12 months. The employer may, where a pregnant employee continues working in the 6 weeks before birth, request a medical certificate and in the stated cases require unpaid parental leave (s 73). Notice is given 10 weeks ahead where practicable, with confirmation 4 weeks before (s 74). Keeping in touch days (up to 10, by consent, not within 14 or 42 days of birth) and a permitted work period while a child is hospitalised may be agreed without pressure (ss 78A, 79A).
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s70-72A. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Parental leave policy and application records showing notice, dates and flexible days notified; Leave records distinguishing continuous unpaid parental leave and flexible days; Keeping in touch day consent records
What usually goes missing
Flexible unpaid parental leave refused or not offered to casuals and part-time staff; Parental leave refused for want of paperwork the Act does not require; Keeping in touch days pressured or exceeding 10
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.