POLICY STATEMENT

1    Intent

To establish parental leave entitlements for employees of the University which promote the principles of equity and flexible working arrangements and build upon the existing entitlements that are conferred by the University’s collective agreements and mandated by legislation.

2    Scope

This Policy applies to all University staff, other than staff employed at the University Child Care Centres.

3    Objective(s)

The purpose of this Policy is to establish parental leave entitlements for employees of the University, and to promote the principles of equity and flexible working arrangements through the provision of generous and flexible paid parental leave entitlements where an employee takes on the role of primary care-giver of a new-born or adopted child.

4    Definitions and Acronyms

5    Policy Owner

Director, Human Resources

6    Policy Provisions

6.1 Eligibility Requirements

6.1.1    Subject to Section 6.1.2, in order to be eligible for the parental leave (including adoption leave) entitlements provided by this Policy, the employee must:

(a)        be employed by the University on a continuing or fixed-term basis; and
(b)        have commenced employment with the University at least 12 months prior to the estimated date of birth or, in the case of adoption, 12 months prior to the date when the adoption leave is to commence. 

6.1.2   Eligible casual employees will be entitled to the unpaid parental leave entitlements provided by this Policy.

6.1.3   An employee will be eligible for the adoption leave entitlements provided by this Policy where the child:

(a)        is not a child or step-child of the employee or the employee’s spouse or partner; and
(b)        will not have been living with the employee for a continuous period of 6 months or more at the date of placement. 

6.2 Unpaid Maternity and Paternity Leave Entitlements

6.2.1    Leave following the birth of a child

Division 6 of Part 7 of the Workplace Relations Act 1996 provides an entitlement to unpaid maternity and paternity leave of up to 52 weeks’ duration in relation to the birth of a child. 

The main purpose of this leave is to allow either parent to be the primary care-giver of the child.  Parental leave taken by an employee must not overlap with that taken by his or her spouse or partner except for a period of up to one week at the time of the birth.  This one-week period is for the dual purpose of allowing both parents to care for the child, and to allow the spouse or partner to reconcile work and family responsibilities by giving care and support to the mother of the child. 

The combined period of parental leave of the employee and his or her spouse or partner following the birth of the child, not counting any period of overlap for the spouse or partner, including any extension of leave under Section 6.2.3 of this Policy, may not exceed 52 weeks’ duration. 

6.2.2 Leave prior to the birth of a child

In addition to the legislative entitlements referred to in Section 6.2.1 of this Policy, the University provides for an employee’s maternity leave to commence on a date between six and eight weeks before the expected date of birth.  A later date of commencement may, however, be approved at the discretion of the Director, Human Resources on receipt of supporting medical advice.  An employee’s maternity leave may therefore extend up to 60 weeks, or even longer if the birth occurs after the expected date. 

On the recommendation of the employee’s Head of Budget Centre, such leave may be taken in broken periods but shall be completed within two years of the date of commencement of leave.  

6.2.3 Applications for extensions of leave

The University may grant an initial extension of the period of maternity or paternity leave provided that the employee’s Head of Budget Centre receives a written application for the extension, specifying the new expiration date, at least 14 days before the existing period of leave is due to expire.  Further extensions, or an initial extension of paternity leave where the existing leave was to be for not more than one week after the child’s birth, will only be possible, however, by agreement with the University. 

6.3 Unpaid Adoption Leave Entitlements – Leave Following the Placement of the Child

 Division 6 of Part 7 of the Workplace Relations Act 1996 provides an entitlement to unpaid adoption leave of up to 52 weeks’ duration to care for the adopted child.  On the recommendation of the employee’s Head of Budget Centre, such leave may be taken in broken periods but shall be completed within two years of the date of commencement of leave. 

Leave taken by the employee and his or her spouse or partner must not overlap except for a period of up to three weeks within three weeks of the date of the placement of the child.  The combined period of adoption leave of the two parents following the placement of the child, not counting the period of overlap for one parent, may not exceed 52 weeks duration.

6.4 Paid Parental Leave Entitlements

6.4.1    In addition to making available unpaid parental leave to employees in accordance with Sections 6.2 and 6.3 of this Policy, the University provides for part or all of the period of maternity, paternity or adoption leave referred to in Sections 6.2 and 6.3 to be taken as paid leave in accordance with this Section.

6.4.2    Maternity Leave

(a)        An employee shall be entitled to paid maternity leave as outlined below, which shall be reduced by any period of paid leave transferred to the employee’s spouse or partner in accordance with Sub-section (b):

(i)         14 weeks’ paid maternity leave that shall be paid at the usual employment fraction of the employee (i.e. the rate of payment will not be varied due to any temporary changes in the employee’s service fraction that result from the employee’s pregnancy).
(ii)        In addition to the initial 14 weeks’ paid maternity leave, employees shall be entitled to an additional 12 weeks maternity leave, paid at the usual employment fraction of the employee, which shall be paid on the basis of a commitment by the employee to return to work for a period of 52 weeks following the period of maternity leave taken.  This amount shall be repayable on a pro rata basis in the event that the employee resigns her employment with effect prior to the end of such 52 week period other than on account of illness or domestic or other pressing necessity (which is over and above expected domestic care responsibilities). 

(b)        Part or all of the employee’s paid maternity leave entitlement may be transferred to, and taken as paid partner’s leave by, the employee’s spouse or partner, provided that:

(i)         the spouse or partner is also employed by the University and meets the eligibility requirements prescribed by Section 6.1 of this Policy; and
(ii)        by agreement with the employee, the spouse or partner will be the primary care-giver of the child for the period in question; and
(iii)       repayment by the spouse or partner on the same basis as provided for by Sub-section (a)(ii) will be required where the employee takes a period of paid maternity leave but does not return to work for a period of 52 weeks thereafter. 

6.4.3    Paternity and Other Leave

An employee who is not the primary care-giver of the child shall be entitled to up to 5 days’ paid leave in relation to the birth of a child to his or her spouse or partner.  This paid component is restricted to the period through 1 week before the expected date and 5 weeks after the birth of the child. 

6.4.4    Adoption Leave

(a)        Leave prior to the placement of the child
The employee shall be entitled to up to 2 days’ paid adoption leave for the purpose of attendance at interviews or examinations relating to the adoption application.

(b)        Where the employee is not the primary care-giver of the child
The employee shall be entitled to up to 5 days paid adoption leave.  This paid component is restricted to the period through one week before the date of placement of the adopted child and 5 weeks after the placement. 

(c)        Where the employee is the primary care-giver of the child

(i)         The employee shall be entitled to 26 weeks’ paid adoption leave from the date of placement of the child on the same conditions as maternity leave is payable and repayable under Section 6.4.2 of this Policy.

Where an employee’s spouse or partner is also employed by the University and meets the eligibility requirements for paid adoption leave prescribed by Section 6.1 of this Policy, the paid adoption leave entitlement may be shared between both employees. 

6.5    Use of Other Leave Entitlements

6.5.1    Employees may use their unused entitlement to any of the following to cover all or part of the period of unpaid parental leave:
(a)        annual leave;
(b)        long service leave; and/or
(c)        time off in lieu of overtime or excess hours worked. 

6.5.2    Sick leave will not normally be granted during the period of paid maternity leave.  However, it may be granted at the discretion of the Director, Human Resources on production of medical advice showing that the pregnancy or immediate post-natal period is not proceeding normally or that the mother is suffering from an illness or injury unrelated to the pregnancy.  In such circumstances the period of paid maternity leave shall be extended by the period of sick leave so authorised.

6.6    Where Pregnancy Does Not Result in the Birth of a Child

 An employee whose pregnancy, having proceeded for a period of not less than 20 weeks, is terminated or results in the birth of a still-born child, shall be entitled to paid and unpaid leave on the same basis as maternity leave is provided above.  An employee whose pregnancy terminates before she has been pregnant for a period of 20 weeks is eligible for sick leave under the University’s sick leave provisions. 

6.7    Variation to Working Hours

 The University will endeavour to make reasonable accommodations in relation to the working hours of employees proceeding on or returning from parental leave.  This may include approval for reduced working hours on an ongoing basis or for a fixed period of time.

7  Supporting/Related Documents

• Workplace Relations Act 1996 (Cth)
  

8    Key Words

• Leave
• Parental
• Maternity
• Paternity
• Adoption

9 Supporting Procedures / Guidelines

• Parental Leave Application Procedure

RESPONSIBILITIES

WHO NEEDS TO KNOW THIS POLICY?

• All University staff

POLICY HISTORY

Amended by the Director, Governance & Legal – 2 April 2007
Amended by the Director, Governance & Legal – September 2009