Section 42 — Fair Work Act 2009: Amendments about stillbirth, death and hospitalisation of children

Unpaid parental leave (1) The amendments of Division 5 (parental leave and related entitlements) of Part 2-2 made by Schedule 1 to the amending Act apply in relation to the stillbirth or death of a child on or after the Schedule 1 commencement day, subject to subclauses (2) to (4). (2) Section 78A (hospitalised children), as inserted by Schedule 1 to the amending Act, applies in relation to a child born on or after the Schedule 1 commencement day. (3) The amendment of section 84A (replacement employees) made by Schedule 1 to the amending Act applies if: (a) an employer engages the replacement employee on or after the Schedule 1 commencement day; and (b) the child in relation to whom the other employee is taking unpaid parental leave was not stillborn, or did not die, before that day. Unpaid special maternity leave (4) The amendments of section 80 (unpaid special maternity leave) made by Schedule 1 to the amending Act apply to a pregnancy that ends on or after the Schedule 1 commencement day. Compassionate leave (5) The amendments of Subdivision C (compassionate leave) of Division 7 of Part 2-2 made by Schedule 1 to the amending Act apply in relation to a permissible occasion that occurs on or after the Schedule 1 commencement day.