Section 78 — Fair Work Act 2009: Employee who ceases to have responsibility for care of child

(1) This section applies to an employee who has taken unpaid parental leave in relation to a child if the employee ceases to have any responsibility for the care of the child for a reason other than because the child: (a) is stillborn; or (b) dies during the 24-month period starting on the child’s date of birth. (2) The employer may give the employee written notice requiring the employee to return to work on a specified day. (3) The specified day: (a) must be at least 4 weeks after the notice is given to the employee; and (b) if the leave is birth-related leave taken by an employee who has given birth—must not be earlier than 6 weeks after the date of birth of the child. (4) The employee’s entitlement to unpaid parental leave in relation to the child ends immediately before the specified day.