s80-85: ss 80 and 85 Unpaid special parental leave and unpaid pre-adoption leave
The employer allows unpaid special parental leave while an employee is not fit for work because of a pregnancy-related illness or because a pregnancy of at least 12 weeks ended other than by a live birth (not a stillbirth), and up to 2 days of unpaid pre-adoption leave to attend interviews or examinations required for adoption approval (unless the employer directs another available form of leave), on notice given as soon as practicable and evidence that would satisfy a reasonable person if requested (a medical certificate may be required).
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s80-85. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Leave records for unpaid special parental leave and pre-adoption leave with notice and evidence; Policy covering pregnancy loss and pre-adoption appointments; Manager guidance on handling these requests sensitively
What usually goes missing
Pregnancy loss leave denied because the employee lacks 12 months' service; Pre-adoption leave refused; Excessive evidence demanded
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.