Australian National University Enterprise Agreement 2003-2006

Part Three — Employment Conditions | Section 4 — Leave and Holidays

38. Taking Other Forms of Leave in Relation to the Birth, Adoption or Guardianship of a Child

38.1 Where the staff member is entitled to unpaid parental leave

38.1.1 Subject to clause 35, 39 and sub-clause 38.1.2, a staff member who is entitled to unpaid primary care-giver leave, unpaid adoption/guardianship leave and/or new birth/adoption leave (unpaid parental leave) may use his or her annual leave and/or long service leave entitlements instead of the unpaid parental leave.

38.1.2 Sub-clause 38.1.1 applies:

38.1.2(a) provided that the total amount of leave taken in relation to the birth or adoption/guardianship of the child does not exceed the total amount of leave available under clause 37; and

38.1.2(b) except that the staff member will not be required to provide the notice of intention to take annual leave or long service leave that may be required under clauses 35 or 39 respectively.

38.1.3 If a general staff member 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 the Personal Leave provided for in paragraph 36.2.1(a).

38.2 Where the staff member is not entitled to any form of parental leave

38.2.1 Subject to clauses 35, 36 and 39 and sub-clauses 38.2.2 to 38.2.4, a fixed term or standard staff member may use the following types of leave in order to be the primary care-giver of a child:

38.2.1(a) leave without pay;

38.2.1(b) accrued annual leave;

38.2.1(c) accrued and accessible long service leave; and/or

38.2.1(d) accrued and accessible personal leave up to a maximum of two weeks.

38.2.2 Sub-clause 38.2.1 applies where the staff member is the child's primary caregiver and is:

38.2.2(a) the spouse of a birth mother where the birth mother is not a University staff member; or

38.2.2(b) the child's legal guardian, other than in circumstances where the staff member is the birth mother, the birth mother's spouse or the legally recognised adoptive parent.

38.2.3 In addition to sub-clause 38.2.2, paragraph 38.2.1(d) applies only where the leave is taken within the child's first year.

38.2.4 For the purpose of this clause a 'guardian' in relation to a child, includes:

38.2.4(a) a person having the custody of the child under an order of a court; and

38.2.4(b) a person who is the guardian of the child (whether to the exclusion of, or in addition to, a parent or other guardian) under a law of the ACT, the Commonwealth, a State or another Territory;

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