AI Summary of 16. Entitlement of employed father or other parent, as the case may be, to leave on death of mother.
Where a mother dies within the 40 weeks following the week of her confinement, the father or other parent, if employed under a contract of employment, is entitled to bereavement leave under this section. If the mother dies before the expiry of the 24th week the leave ends at the end of that 24th week; if she dies after that week the leave ends at the end of the 40th week. For confinements occurring more than two weeks early on or after 1 October 2017, if the mother dies on or before the combined period the leave ends at the end of the unexpired portion of that combined period. Entitlement is subject to written notification not later than the day the leave begins, provision of death and birth certificates if requested, and commencement of leave within seven days.
A parent who has taken subsection (1)(a) leave may take up to 16 consecutive weeks of further leave immediately after that leave or after paternity leave, or have it postponed in accordance with section 16B; such further leave requires written notification either with the initial notice or not later than four weeks before the expected return date. Notifications may be revoked within prescribed deadlines. The section is subject to subsections (10) and (10A) which modify timing where entitlement arises while on paternity or parent’s leave, and the Minister may, with specified consents, amend the periods by order. "Combined period" is defined as 42 weeks following the week of confinement plus the duration of the premature birth period.
16. Entitlement of employed father or other parent, as the case may be, to leave on death of mother.
(1) If a woman or other person who has been delivered of a living child (in this section referred to as 'the mother') dies at any time before the expiry of the fortieth week following the week of her confinement, the father or other parent, as the case may be, of the child (if he is employed under a contract of employment) shall be entitled in accordance with this section and subject to subsections (10) and (10A) to leave from his employment for a period ending as follows -
(a) if the mother dies before the expiry of the twenty-fourth week following the week of her confinement, the period ends, subject to section 16B, at the end of that twenty-fourth week, and
(b) if the mother dies at any time after the expiry of that twenty-fourth week, the period ends, subject to sections 16A and 16B, at the end of the fortieth week following the week of her confinement.
(1A) Where -
(a) on or after 1 October 2017, the date of confinement of a mother occurred more than 2 weeks before the expected week of confinement, and