37. Parental leave

Definitions

37.1. For the purpose of this clause:

    Child means a child (or children from a multiple birth) born to a staff member or a staff member’s partner; or a child who is placed with a staff member through an adoption process, permanent foster care or legal guardianship.

    Parental leave means an unbroken period of paid or unpaid parental leave following the birth or placement of a child.  For the purposes of defining unbroken leave, this may include other leave types such as annual or long service leave.

    Partner leave means leave taken by the partner of a birth parent, or one of two adoptive parents, permanent foster carers or legal guardians of a child.

    Primary care giver means the child’s parent who has the dedicated responsibility for the day-to-day care of the child.

    Partner includes a current or relevant former husband or wife, de facto partner or same sex partner.

    Continuous service, for birth-related parental leave, is taken as at the date of birth or expected date of birth, and for placement-related parental leave (adoption, permanent foster care or legal guardianship), is taken as at the date of placement or expected date of placement.

    Eligibility

    37.2. A staff member, who is not a casual employee, shall be entitled to parental leave, partner leave and career re-entry assistance in accordance with this clause.

    37.3. A fixed term staff member will be entitled to parental leave, partner leave and career re-entry assistance in accordance with this clause. This leave will only be available within the fixed term contract period.

    37.4. A casual staff member is entitled to 52 weeks’ absence in accordance with this clause if they are, or will be, the primary carer of a child following birth or placement.

      Parental leave (birth related)

      37.5. A staff member who becomes pregnant is normally required to commence parental leave six weeks prior to the nominal expected birth of a child. A later commencement date is possible if the birth parent is declared fit for duty, which is supported by a medical certificate.

      37.6. A staff member who becomes pregnant is entitled to up to 52 weeks’ parental leave as set out in the following table:

        Provision

        Entitlement

        Additional leave

        Paid parental leave

        Continuous service greater than 12 months: 26 weeks on full pay or 52 weeks on half pay.

        Continuous service less than 12 months: partial entitlement in accordance with clause 37.8, on full or half pay

        • Eligibility for paid parental leave is subject to clauses 37.2 to 37.4 above.

        Unpaid parental leave

        The remainder of the 52-week entitlement which has not been taken as any form of paid parental leave, annual leave or long service leave.

        •  Unpaid parental leave may be taken concurrently by employee parents, subject to providing a declaration to the delegate in relation to eligibility.
        • Where employee parents take unpaid parental leave concurrently, this will not increase the total unpaid parental leave entitlement.

        Parental leave (placement related)

        37.7. A staff member who adopts or undertakes permanent foster care or guardianship of a child, and is the legal parent and primary caregiver of that child, is entitled to up to 52 weeks’ parental leave as set out in the following table:

          Provision

          Entitlement

          Additional leave

          Paid parental leave

          Continuous service greater than 12 months: 26 weeks on full pay or 52 weeks on half pay.

          Continuous service less than 12 months: partial entitlement in accordance with clause 37.8 on full or half pay.

          • Eligibility of paid parental leave is subject to clauses 37.2 to 37.4 above.
          • Normally to commence from date of placement of the child, but earlier commencement is possible in circumstances where preparations are needed that require the staff member to be absent prior to the date of placement (for example, overseas travel to finalise the adoption process and collect/integrate the child).
          • The child must at placement be less than school age, and must not be a step-child of the staff member or their partner.

          Unpaid parental leave

          The remainder of the 52 week entitlement which has not been taken as any form of paid parental leave, annual leave or long service leave.

          • Unpaid parental leave may be taken concurrently by employee parents, subject to providing a declaration to the delegate in relation to eligibility.
          • Where employee parents take leave concurrently, this will not increase the total unpaid leave entitlement.

          Partial entitlement to paid parental leave

          37.8. A staff member with less than 12 months’ continuous service is entitled to a partial entitlement of paid parental leave (birth or placement-related) in accordance with the following table, to be taken at full or half pay.

            Continuous service (full calendar months)

            Paid parental leave entitlement (weeks)

            11 months

            22 weeks at full pay, or 44 weeks at half pay 
            10 months 18 weeks at full pay, or 36 weeks at half pay 
            9 months 14 weeks at full pay, or 28 weeks at half pay 
            8 months 10 weeks at full pay, or 20 weeks at half pay 
            7 months 6 weeks at full pay, or 12 weeks at half pay 
            6 months 2 weeks at full pay, 4 weeks at half pay 
            Less than 6 months Nil

            Career re-entry assistance

            37.9. In addition to parental leave entitlements above; a staff member who is not a casual is entitled to career re-entry assistance, as set out in the following table

              Provision

              Entitlement

              Additional leave

              Career re-entry assistance

              Up to the equivalent of six weeks’ pay to be used to assist with the staff member’s return to work following parental leave.

              • Available to a staff member who has taken paid and/or unpaid parental leave to be the primary care giver to the child (by birth or adoption), in accordance with the published University procedures.
              • Available to a staff member to facilitate their return to work, which may be taken during or after the 52 week parental leave period and up to the child’s second birthday.
              • Requests to access career re-entry assistance will not be unreasonably refused.
              • Paid career re-entry assistance may be shared between employee parents provided that the employee parent receiving the paid career re-entry assistance is the primary caregiver of the child, and subject to providing a declaration to the delegate in relation to eligibility.
              • Where the career re-entry assistance is shared between employee parents, it will not increase the total career re-entry assistance entitlement.

              Supporting partner leave

              37.10. A staff member whose partner becomes pregnant, or becomes one of two adoptive parents, permanent foster carers or legal guardians of a child (but is not the primary care-giver of that child), is entitled to partner leave as set out in the following table:

                Provision

                Entitlement

                Additional leave

                Paid supporting partner leave

                15 working days (pro rata)

                • Eligibility of paid supporting partner leave is subject to clauses 37.2 to 37.4 above.
                • Can be taken flexibly or in an unbroken period, but must be taken within 52 weeks from the birth or placement of the child.
                • Partner leave may be taken concurrently with any form of parental leave taken by the primary carer.
                Unpaid supporting partner leave One week

                Primary carer partner leave

                37.11. A staff member whose partner becomes pregnant, or becomes one of two adoptive parents, permanent foster carers or legal guardians of a child; and is the primary care-giver of that child, is entitled to leave as set out in the following table:

                  Provision

                  Entitlement

                  Additional leave

                  Paid primary carer partner leave

                  Continuous service greater than 12 months: 26 weeks to normally commence from date of placement of the child, on full or part pay.

                  • Eligibility of paid primary carer partner leave is subject to clauses 37.2 to 37.4 above.
                  • Paid primary carer partner leave should be taken in an unbroken periods, but must be taken within 52 weeks from the birth or placement of the child.
                  • If the primary carer partner leave relates to adoption or permanent foster care, the child must, at placement, be less than school age, and must not be a step-child of either parent.
                  • In the case of both a child’s parents being University employees, the parent accessing this leave must be the primary carer of the child for the period of leave taken, subject to providing a declaration to the delegate in relation to eligibility. The maximum paid leave entitlement is 26 weeks per employee parent.
                  • Where the birth parent is on unpaid or half pay parental leave, or paid annual or long service leave post a period of paid parental leave, Primary Carer Parental Leave may be used concurrently.
                  • Should supporting partner leave be accessed at the time of the birth, and primary carer partner leave is accessed prior to the child’s first birthday, the maximum length of paid leave is capped at 26 weeks.

                  37.12. If a staff member assumes primary caregiver responsibilities of the child subsequent to the birth or placement, they are entitled to a continuous period of up to 12 months’ unpaid parental leave (less any other period of paid or unpaid parental or partner leave already taken under this provision) in accordance with the National Employment Standards.

                    Conditions for parental leave

                    37.13. Paid parental leave will be granted at the staff member’s substantive salary. Any temporary reduction in fraction associated with the pregnancy will be disregarded.

                    37.14. For a staff member who is eligible for paid parental leave, the University will continue to pay employer superannuation contributions for unpaid parental leave or parental leave at half pay as below:

                      1. A staff member accessing paid parental leave at full pay will be entitled to receive employer superannuation contributions during the period of unpaid leave up to a maximum of 26 weeks, or the maximum full pay entitlement outlined in clause 37.8 for a staff member with less than 12 months continuous service; or
                      2. A staff member accessing paid parental leave at half pay will be entitled to received employer superannuation contributions at the full pay rate, up to the to a maximum of 52 weeks, or the maximum half pay entitlement outlined in clause 37.8 for a staff member with less than 12 months continuous service.

                      37.15. If a staff member who becomes ill during a period of unpaid parental leave, and that illness is substantiated by a medical certificate, the staff member may take that period as personal leave provided in clause 35 (Personal and wellbeing leave).

                        1. A staff member may be eligible for personal leave to attend appointments associated with antenatal care, fertility treatment, surrogacy, pre-adoption or permanent foster care appointments prior to birth, adoption or placement, in accordance with the personal leave provisions under clause 35 (Personal and wellbeing leave).

                         Commencement of parental leave and partner leave

                        37.16. Where possible, a staff member shall advise the University at least ten weeks prior to their expected date of birth or placement of the date on which they propose to commence leave, and the date which they propose to return to work, as well as the specific leave arrangements. It is acknowledged that for placement-related parental leave, a shorter notice period may be required. Appropriate certification relating to the birth or placement of the child should be provided with this application.

                        37.17. For primary carer partner leave, a staff member shall advise the University at least ten weeks prior to the commencement of the leave.

                          Return to work after parental leave

                          37.18. A staff member will be entitled to return from parental leave to their substantive position, or an agreed part time position or an agreed alternative position. A request for return to part time hours will not be unreasonably refused.

                          37.19. A staff member shall confirm their intention to return to work from paid or unpaid parental leave, or primary carer partner leave, by providing the University with at least four weeks’ written notice of their expected date of return.

                          37.20. The staff member may request to return to work, or the University may notify the staff member that they must return to work, where during parental leave, the staff member ceases to be the primary caregiver or there is another material change in circumstances. Where the University requires a return to work, at least four weeks’ notice will be provided and notwithstanding this notice, any available parental leave may be used where a medical practitioner certifies it to be necessary. Where the staff member requests a return to work prior to the expiry of their original leave period, this must be mutually agreed between the staff member and the work area.

                            Miscarriage, still-birth or death of a child

                            37.21. A staff member who has experienced a termination of pregnancy, miscarriage, still-birth or death of a child after the 20-week gestation period is entitled to parental leave in accordance with this clause.

                            37.22. A staff member who has experienced a miscarriage prior to the 20-week gestation period may apply to the Chief People Officer for up to ten additional days’ personal leave per calendar year (pro-rata), subject to provision of supporting medical certificate or documentation.

                            37.23. These entitlements are in addition to compassionate leave as provided by the National Employment Standards.

                            Australian Paid Parental Leave Scheme

                            37.24. All entitlements under the Federal Governments Paid Parental Leave Scheme will be paid in addition to entitlements offered under this provision.

                               

                                 

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