Australian National University Enterprise Agreement 2005-2008
Part Three — Employment Conditions | Section 4 — Leave and Holidays
37. Parental Leave
37.1 Types of Parental Leave
37.1.1 The aims of this clause are to enhance further the ability of University staff members to balance their work and non-work commitments, and to attract and retain female staff members.
37.1.2 Parental Leave is leave associated with the birth or adoption of a child. Parental leave includes the types of leave specified in sub-clauses 37.1.3, 37.1.4 and 37.1.5.
37.1.3 Parental Leave associated with the birth of a child, consisting of:
37.1.3(a) maternity leave, which is available only to a staff member who is the child's birth mother;
37.1.3(b) primary care-giver leave, which is available to a staff member who is the child's primary care-giver and who is either the child's:
37.1.3(b)(i) birth mother; or
37.1.3(b)(ii) where both parents are University staff members, the birth mother's spouse.
37.1.3(c) Time release upon return to work, which is available only to a staff member who is the child's birth mother in circumstances where she has been the primary care-giver.
37.1.4 Adoption leave, which is available to a staff member who becomes the legal parent of a child and is the child's primary care-giver;
37.1.5 New birth/adoption leave, which is available to a staff member who is not the child's primary care-giver but who is:
37.1.5(i) the spouse of the birth mother of a child; or
37.1.5(ii) is an adoptive parent of the child.
37.2 Definitions
For the purpose of this clause:
37.2.1 Subject to sub-clause 37.2.2, 'child' means a person to whom the staff member or the staff member's spouse has given birth and who is under the age of one year. 'Child' also means two or more children in circumstances where a multiple birth results from a single pregnancy.
37.2.2 For the purpose of sub-clause 37.4 'child' means a person under the age of five years of age who has been legally adopted by a staff member and his or her spouse. 'Child' also means two or more children in circumstances where the staff member adopts two or more children at the same time.
37.2.3 The 'parent' of a child includes the child's:
37.2.3(a) birth mother;
37.2.3(b) birth mother's spouse; and
37.2.3(c) a legally recognised adoptive parent.
37.2.4 'Primary care-giver' means a child's parent who has the dedicated responsibility for the day-to-day care of the child.
37.2.5 The 'nominal commencement date' for the purposes of determining eligibility of payment for parental leave in accordance with sub-clauses 37.3.2, 37.3.3, 37.3.6, 37.3.7, 37.4.3 and 37.4.4 will be:
37.2.5(a) for maternity leave, six weeks prior to the expected date of birth of the child;
37.2.5(b) for paid primary care-giver leave, six weeks following the expected date of birth of the child;
37.2.5(c) for paid adoption leave, the notified date of placement of the child with the staff member.
37.2.6 'Nominal end date' for the purposes of determining eligibility of payment for parental leave in accordance with sub-clauses 37.3.3, 37.3.7 and 37.4.4 will be:
37.2.6(a) for maternity leave, six weeks after the expected date of birth of the child;
37.2.6(b) for paid primary care-giver leave, fourteen weeks following the expected date of birth of the child; and
37.2.6(c) for paid adoption leave, twenty weeks following the placement of the child with the staff member.
37.2.7 Subject to sub-clause 37.2.8, 'spouse' includes a current or former:
37.2.7(a) husband or wife;
37.2.7(b) de facto spouse; or
37.2.7(c) same sex partner.
37.2.8 For the purpose of sub-clause 37.4 'spouse' does not include a former husband or wife, a former de facto spouse or a former same sex partner.
37.2.9 'Time release' means the equivalent of up to one standard workday's time, per week, away from the workplace (pro rata for part time staff members) to be used to facilitate the birth mother's return to the workplace. In particular it can be used:
37.2.9(a) to assist the staff member in maintaining or re-establishing her career;
37.2.9(b) for facilitating care arrangements where appropriate; and/or
37.2.9(c) for breastfeeding.
37.3 Parental Leave in relation to the birth of a child
Paid Maternity leave - where the birth mother is a University staff member
37.3.1 Subject to sub-clauses 37.3.2 and 37.3.3, a staff member is entitled to 12 weeks' paid maternity leave to commence 6 weeks before the expected date of birth.
37.3.2 A staff member will be eligible for maternity leave if she:
37.3.2(a) is pregnant; and
37.3.2(b) is a standard or fixed term staff member; and
37.3.2(c) has been continuously employed by the University for 12 months or more at the nominal commencement date.
37.3.3 Sub-clause 37.3.2 applies, except if the staff member:
37.3.3(a) has been continuously employed by the University for less than 12 months at the nominal commencement date, she is entitled to be paid only for the period between completion of 12 months continuous service and the nominal end date.
37.3.3(b) has been granted leave without pay for more than 6 weeks and has taken at least 6 weeks of that leave without pay, she is not eligible for maternity leave until the end of the approved period of leave without pay. In such circumstances she is not eligible for pay for any part of the maternity leave which falls within the period of approved leave without pay; and
37.3.3(c) is a fixed term staff member, she is not entitled to maternity leave extending beyond the date on which her contract expires.
37.3.4 The staff member may delay the commencement of maternity leave if she has a medical certificate declaring that she is fit for duty. The period of delay must be consistent with the terms of the medical certificate.
Paid Primary Care-giver Leave — where the birth mother is a University staff member
37.3.5 Subject to sub-clauses 37.3.6 and 37.3.7, a staff member is entitled to 8 weeks' primary care-giver leave to be taken immediately following any maternity leave taken in relation to the child.
37.3.6 A staff member will be eligible for paid primary care-giver leave if:
37.3.6(a) she is the birth mother of the child; or
37.3.6(b) he or she is the spouse of the birth mother who is a University staff member; and
37.3.6(c) he or she is a standard or fixed term staff member; and
37.3.6(d) he or she has been continuously employed by the University for 12 months or more at the nominal commencement date.
37.3.7 Sub-clause 37.3.6 applies except that where, at the nominal commencement date, the staff member has been continuously employed by the University for less than 12 months, the entitlement to paid primary care-giver leave will only be for the period between completion of 12 months continuous service and the nominal end date.
37.3.8 Subject to sub-clause 37.6.1, where both the birth mother and the birth mother's spouse are University staff members, they may share the primary care-giver leave.
Un-paid Primary Care-giver Leave — where the birth mother is a University staff member
37.3.9 Subject to sub-clauses 37.3.10 and 37.6.1, a staff member may take unpaid primary care-giver leave for any portion of the child's first year that has not been taken as any form of paid parental leave.
37.3.10 Sub-clause 37.3.9 applies where the staff member is:
37.3.10(a) the birth mother of the child; or
37.3.10(b) the spouse of the birth mother who is a University staff member; and
37.3.10(c) a standard or fixed term staff member
37.3.11 Subject to sub-clause 37.6.1, where both the birth mother and the birth mother's spouse are University staff members, they may share the unpaid primary care-giver leave.
Time release upon return to work
37.3.12 Subject to sub-clause 37.3.13 a staff member will be entitled to time release for the period from her return to work until the end of the child's first year.
37.3.13 A staff member will be eligible for time release if:
37.3.13(a) she is the birth mother of the child; and
37.3.13(b) she returns to work within one year of the birth of the child; and
37.3.13(c) she returns to full time work, or she returns to work of the same "full time equivalent" percentage that she worked prior to the maternity leave or prior to a reduction in hours as contemplated by sub-clause 37.8.1.
37.3.14 In the case of an academic staff member, such time release will be accommodated with access to the 52 day rule policy.
37.3.15 The staff member and her supervisor will agree to appropriate arrangements prior to, or on, the staff member's return to work.
37.3.16 The arrangements should acknowledge the needs of the birth mother as well as the operational requirements of the work area.
37.3.17 The time release provided for in sub-clause 37.3.12 is not cumulative.
37.4 Parental Leave in relation to the adoption of a child
Paid Adoption leave
37.4.1 Subject to sub-clauses 37.4.3, 37.4.4 and 37.6.1, a staff member is entitled to 20 weeks' paid adoption leave.
37.4.2 Adoption leave will normally commence on the date of placement of the child with the staff member. However, a staff member may seek approval for the leave to commence earlier in circumstances where preparations are needed that require the staff member to be absent from work prior to the date of placement.
37.4.3 A staff member will be eligible for paid adoption leave if:
37.4.3(a) the child is to be, or has been, placed with the staff member for adoption (i.e. the staff member is, or will be, the legally recognised adoptive parent of the child); and
37.4.3(b) as a result of the placement, the staff member will be the primary care-giver of the child; and
37.4.3(c) the staff member is a standard or fixed term staff member; and
37.4.3(d) at the proposed date of the placement the child will be, or is, under the age of 5 years; and
37.4.3(e) the child is not a child or step-child of the staff member or the staff member's spouse; and
37.4.3(f) at the proposed date of placement the child had not previously lived with the staff member for a continuous period of 6 months or more; and
37.4.3(g) the staff member has been continuously employed by the University for twelve months or more at the nominal commencement date.
37.4.4 Sub-clause 37.4.3 applies except that where, at the nominal commencement date, the staff member has been continuously employed by the University for less than 12 months, the entitlement to paid adoption leave will only be for the period between completion of 12 months continuous service and the nominal end date.
37.4.5 Subject to sub-clause 37.6.1, where both the adoptive parents are University staff members, they may share the paid adoption leave provided for in sub-clause 37.4.1.
Unpaid Adoption leave
37.4.6 Subject to sub-clause 37.6.1, a staff member who is entitled to paid adoption leave may take unpaid adoption leave for any portion of the first year of placement of the child that has not been taken as paid parental leave.
37.4.7 Subject to sub-clause 37.6.1, where both the adoptive parents are University staff members, they may share the unpaid adoption leave provided for in sub-clause 37.4.6.
37.5 New birth/adoption leave
37.5.1 Subject to sub-clause 37.5.2, a staff member is entitled to 2 week's unpaid leave to commence immediately after the birth, or placement, of the child.
37.5.2 A staff member will be entitled to unpaid new birth/adoption leave if he or she is:
37.5.2(a) the spouse of the birth mother of the child; or
37.5.2(b) one of two adoptive parents of the child; and
37.5.2(c) a fixed term or standard staff member; and
37.5.2(d) will not, during the two weeks leave, be the primary care-giver of the child.
37.6 Rules applying to the sharing of Primary Care-giver leave and Adoption Leave (where both parents are University staff members)
37.6.1 Sub-clauses 37.3.8, 37.3.11, 37.4.5 and 37.4.7 apply provided that:
37.6.1(a) the entitlement to primary care-giver's leave or adoption leave for one staff member is reduced by any period of primary care-giver's leave or adoption leave taken by the staff member's spouse in relation to the same child; and
37.6.1(b) a staff member cannot take any form of parental leave, except "New birth/adoption leave", at the same time as the staff member's spouse;
37.6.1(c) both staff members provide a statement to their respective Delegates outlining the period of leave applied for and taken by himself or herself and by his or her spouse; and
37.6.1(d) both staff members provide a declaration to their respective Delegates stating that, for the specific period in question, he or she will be the primary care-giver of the child and that during that period the staff member's spouse is not taking any form of maternity or parental leave.
37.7 Applying for Parental Leave
Maternity Leave and Primary Care-giver Leave
37.7.1 An application for maternity leave and/or primary care-giver leave must be made not less than 10 weeks before the expected date of birth of the child. In circumstances where this is not reasonably practicable, application should be made as soon as possible.
37.7.2 The application must include:
37.7.2(a) a medical certificate stating the expected date of birth of the child; and
37.7.2(b) in the case of a spouse applying for parental leave, other than "New birth/adoption leave":
37.7.2(b)(i) a statement of the period of maternity and parental leave applied for and taken by the spouse (regardless of whether the staff member's spouse is, or is not, a University employee); and
37.7.2(b)(ii) a declaration that the staff member will be the primary care-giver for the period of leave and that, during that period, the staff member's spouse is not taking any form of maternity or parental leave from her employer (regardless of whether the staff member's spouse is, or is not, a University employee).
Adoption Leave
37.7.3 The staff member must apply for adoption leave as soon as possible after receiving notice of the adoption.
37.7.4 An application for adoption leave must include a statement from the adoption agency of the proposed date of placement of the child.
New Birth/Adoption Leave
37.7.5 An application for new birth/adoption leave must be lodged by the staff member not less than 4 weeks before the expected date of birth or placement of the child. Where this is not practicable, the application should be lodged as early as possible.
37.7.6 The application must include either:
37.7.6(a) a medical certificate stating the expected date of birth of the child; or
37.7.6(b) a statement from the adoption agency of the proposed date of placement of the child, or a statement from the appropriate government authority that the staff member or the staff member's spouse has been made a legal guardian.
37.8 General Conditions applying to paid parental leave
Salary while on paid parental leave
37.8.1 Paid parental leave will be paid at the staff member's substantive salary. Where a birth mother has changed temporarily to a reduced hours position because of the pregnancy, the relevant salary when taking maternity leave will be the substantive salary paid immediately before the hours of work were reduced.
Leave at half pay
37.8.2 As part of the University's flexible work practices, any paid leave, or part thereof, provided for by this clause can be taken for double the duration of the leave at half pay. Approval to take such extended leave on half pay will be subject to the operational requirements and financial considerations of the work area. The decision is at the discretion of the local area delegate. All leave accruals and superannuation contributions during the period of paid leave at half pay will be on a pro rata basis subject to the rules of the superannuation fund.
Application for extension of leave
37.8.3 Where a staff member has not applied for the maximum leave entitlement, a further application may be made at any time during the period of previously approved leave provided that the application is made at least 2 weeks before the end of the approved leave period.
Taking other forms of leave
37.8.4 Subject to clause 38, a staff member may take other forms of leave, for the purpose of caring for a newly born or adopted/placed child.
Return to work
37.8.5 A staff member may notify the University that she or he wishes to return to work, or the University may notify a staff member that she or he must return to work if:
37.8.5(a) the staff member has commenced any form of parental leave; and
37.8.5(b) the pregnancy terminates without the birth of a living child, or the child later dies; or
37.8.5(c) the staff member ceases to be the primary care-giver to the child; or
37.8.5(d) there is other material change in the circumstances which led to the leave being approved.
37.8.6 If the staff member notifies the University that she or he wishes to return to work, the University will advise the staff member of the date on which the staff member may return to work. This date must be within 4 weeks from the date on which the notification was received.
37.8.7 If the University notifies the staff member that she or he must return to work, the University must specify the date of return. This date must not be less than 4 weeks after the notice is given. The staff member must return to work upon the specified date, except that the birth mother may remain on available maternity leave for that period which a medical practitioner certifies to be necessary before her return to work.
37.8.8 A staff member is entitled to return from maternity and/or parental leave to the position she or he held immediately before starting the leave, except that if the staff member:
37.8.8(a) was transferred to another job because of her pregnancy, the relevant position is the position held immediately before the transfer;
37.8.8(b) began working part time because of the pregnancy, the relevant position is the position held immediately before the staff member began working part time; and
37.8.8(c) immediately before starting maternity or parental leave, was acting in or temporarily performing the duties of a position, the relevant position is the position held by the staff member immediately before taking the acting or temporary position.
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