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The Varied Australian National University Enterprise Agreement 2005 – 2008
Schedule 4 - Leave and Breaks Entitlements
S4.4 Parental and Adoption Leave
S4.4.1 The basic entitlements and conditions for parental leaves are as set out in the following table:
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Provision
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Entitlement
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Condition
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Paid Maternity Leave
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12 weeks to commence 6 weeks prior to the nominal expected birth(s) or later if fit for duty supported by a medical certificate.
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Expectant birth mother.
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Paid Primary care-giver Leave
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8 weeks paid leave immediately following any maternity leave
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Birth mother or where both parents are staff members, the birth mother’s spouse, provided he/she is the primary care-giver of the child.
Leave may be shared between the birth mother and her spouse but not thereby increased in total or taken concurrently, subject to providing declaration to Delegate in relation to eligibility.
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Unpaid Primary care-giver Leave
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Any portion of the child's first year that has not been taken as any form of paid parental leave.
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Paid Time Release
to assist in maintaining or re-establishing her career; for facilitating care arrangements and/or for breastfeeding.
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Up to 20% of each week after return-to-work and before child’s first birthday and will not be cumulative.
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Birth mother who has been the primary care-giver and has returned to work. Return-to-work must be at same fraction which applied before taking leave or pregnancy. Arrangements to be agreed by supervisor and staff member prior to return to work, having regard to needs of staff member and work area. For academic staff, time release will be accommodated within 52-day rule policy.
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Paid Adoption Leave
for care of adopted child.
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20 weeks from date of placement.
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The staff member is the legal parent and the child’s primary care-giver. The child must be at placement less than five years of age, is not a step-child of staff member or spouse, and has not previously lived continuously with the staff member for 6 months or more. Leave may be shared between the parents but not thereby increased in total or taken concurrently.
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Unpaid Adoption Leave for care of adopted child.
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Any portion of the first year of placement of the child that has not been taken as paid parental leave.
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New birth/Adoption Leave
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2 weeks unpaid leave from birth of child or adoption placement.
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Spouse of birth mother or one of two adoptive parents, but not primary care-giver
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S4.4.2 Paid leave will not be available for any period, which falls prior to the date on which a staff member has 12 months continuous service, nor is it available to casual staff. 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. To avoid doubt, nothing will be read as entitling a person who is not a staff member to any leave, nor as entitling any staff member on a fixed term appointment to any leave beyond the expiry of the contract. Paid parental leave is not available during a period of previously granted leave without pay where at least 6 weeks of that leave has been taken.
S4.4.3 An application to take any type of parental leave will be given as soon as it reasonably can be, and subject to that, should be given by the birth mother not less than 10 weeks prior to the birth. A staff member will support an application for Maternity, primary care-giver’s leave, or adoption leave with a medical certificate stating the expected birth of the child or relevant adoption papers, and documentation or declarations from the staff member(s) to verify any entitlement.
S4.4.4 Paid parental leave will be granted at the staff member’s substantive salary. In determining this, any temporary reduction in fraction associated with the pregnancy will be disregarded. Subject to the operational needs of the work area, paid parental leave may be granted on half pay.
S4.4.5 The staff member may request a return to work, or the University may notify the staff member that she or he must return to work, where during parental leave the pregnancy terminates without the birth of a living child or the child dies, or the staff member ceases to be the primary care-giver or there is another material change in circumstances. Where the University requires a return to work, at least 4 weeks notice will be provided and notwithstanding this notice, any available maternity leave may be used where a medical practitioner certifies it to be necessary. Where the staff member requests a return to work, this will be allowed within 4 weeks from receipt of notification.
S4.4.6 A staff member will be entitled to return from parental leave to the same position she or he held before starting the leave, except a position to which the staff member was transferred or worked part time because of pregnancy or was acting in or temporarily performing the duties of another position.
S4.4.7 A staff member entitled to unpaid parental leave may use his or her annual and/or long service leave instead of unpaid parental leave. A staff member not entitled to any paid parental leave on account of service requirements or is the spouse of a birth mother who is not a University staff member will be entitled to take that leave to be the primary care-giver on an unpaid basis, or use any annual, long service leave credits or, up to two weeks of any available personal leave. The notice period for long service leave will not apply if taken during a period of unpaid maternity or parental leave. Such leave will also be available on the same basis and conditions to a staff member who is appointed a legal guardian of a child by a court.
S4.4.8 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 in 28.1(a).
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