Section 79 — Fair Work Act 2009: Interaction with paid leave

(1) This Subdivision (except for subsections (2) and (3)) does not prevent an employee from taking any other kind of paid leave while the employee is taking unpaid parental leave. If the employee does so, the taking of that other paid leave does not break the continuity of the period of unpaid parental leave. Note: For example, if the employee has paid annual leave available, the employee may (with the employer’s agreement) take some or all of that paid annual leave at the same time as the unpaid parental leave. (2) While an employee is taking unpaid parental leave, the employee is not entitled to take: (a) paid personal/carer’s leave; or (b) compassionate leave, unless the permissible occasion is the stillbirth or death of the child in relation to whom the employee is taking unpaid parental leave. (3) An employee is not entitled to any payment under Division 8 (which deals with community service leave) in relation to activities the employee engages in while taking unpaid parental leave.