For the purposes of clauses 170 to 193:
- 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 and who:
- is less than five years of age;
- is not the birth child of the staff member; and
- has not lived continuously with the staff member for six months or longer.
Female staff member’s salary means the Salary (as defined in clause 3 for leave purposes) paid to the staff member in respect of her substantive position.
Parental leave means an unbroken period of adoption leave, maternity leave, partner leave or special maternity leave.
Partner leave means paid or unpaid parental leave taken by a staff member in accordance with clause 182.
Primary care giver means a staff member who has principal responsibility for providing care and attention for the staff member’s child.
Week means a five day working week.
A staff member’s total absence on parental leave, (whether paid, unpaid or a combination of both) will not exceed 52 weeks (or 104 weeks, if approval has been given for extended unpaid leave) from the date of commencement of the leave or the date of birth (or placement) of the child, and any period of annual leave or long service leave taken in conjunction with parental leave will count as part of the 52 week period (or 104 weeks, if approval has been given for extended unpaid leave), and any entitlements to paid parental leave or related benefits not accessed within 52 weeks (or 104 weeks, if approval has been given for extended unpaid leave) of the date of birth (or placement) of the child will be forfeited.
Where a staff member’s partner is also a member of University staff, the staff member’s entitlement to parental leave is reduced by any period of parental leave taken by their partner other than the period of five days paid partner leave which may be taken in accordance with clause 182.
Applications for parental leave (including applications to vary approved leave) and arrangements for return to work after parental leave must be made in accordance with University policies and procedures, and must include such notice and information (such as medical certificates) as may be specified in such policies and procedures.
Public holidays falling during a period of parental leave count as part of the parental leave, and no additional payment or adjustments to the period of parental leave will be made.
Unpaid parental leave
Staff (including casual staff as defined in clause 175) may take up to 52 consecutive weeks’ unpaid parental leave (or 104 weeks, if approval has been given for extended unpaid leave) in connection with the birth or adoption of a child.
To qualify for unpaid parental leave under clause 174 a casual staff member must have worked for the University on a regular and systematic basis for at least 12 months and have a reasonable expectation of ongoing employment on a regular and systematic basis.
Paid maternity leave
Female staff (other than casual staff) are entitled to paid maternity leave and benefits as follows:
Years of Continuous paid service at the expected date of birth Leave and benefits (a) Less than 1 year 1 week’s paid leave for each completed month of service. (b) 1 year or more 14 weeks’ paid leave (or 28 weeks’ leave at half pay), up to 8 weeks (or 16 weeks’ leave at half pay) of which may be taken by the staff member’s Partner provided that her Partner works for the University and will be the primary care giver for the child. (c) More than 2 years
In addition to (b), and subject to the conditions in clauses 177 and 179 the equivalent value of 22 weeks’ Salary, which may be taken as:
- 22 weeks paid maternity leave; or
- 38 weeks paid maternity leave at 60% of Salary; or
- a funded return to work program (without necessarily resuming full duties) which may include a mix of:
- staff development opportunities (including funding or time release for further study, research funding and/or conference leave); or
- other return to work assistance approved by the University; or
- a combination of the entitlements specified above equivalent in total to the value of 22 weeks’ Salary; or
- leave by her Partner, provided that her Partner works for the University and will be the primary care giver for the child.
Paid leave taken by a Partner under clauses 176(b) or (c) will be paid at the female staff member’s Salary or the Partner’s Salary, whichever is the lesser.
A staff member who has received benefits under clause 176(c) will not be entitled to such benefits in respect of a subsequent period of leave unless two years have elapsed since the completion of the period of paid maternity leave under which the benefits were provided, but is entitled to leave under clause 176(b).
A staff member who applies for the benefits referred to in clause 176(c) will be required to enter into a written agreement with the University requiring them to:
- return to work for a period of at least 26 weeks following the expiry of their approved parental leave (including any extended leave); or
- repay all monies received or paid in excess of the 14 weeks’ paid maternity leave provided under clause 176(c).
A female staff member whose child is stillborn is entitled to up to 14 weeks’ paid maternity leave.
Special maternity and sick leave
A female staff member may apply for unpaid special maternity leave, or may take paid sick leave, if her pregnancy terminates before the expected date of birth, or for a pregnancy-related illness.
A staff member (other than casual staff member) is entitled to:
- five days’ paid Partner leave at the time of the birth of their child (short partner leave); and
- a further unbroken period of unpaid leave to be the primary care giver for the child (extended partner leave), subject to compliance with clause 170.
Paid adoption leave
The provisions of clause 176 (paid maternity leave) and 182 (Partner leave) apply to a staff member who is adopting a child. In addition, a staff member may apply for up to two days’ unpaid leave to attend compulsory interviews or examinations for the adoption process.
Superannuation payments during paid parental leave
The University will make contributions to a staff member’s superannuation fund during paid parental leave where permitted by the superannuation scheme to which the staff member belongs.
Effect of expiry of fixed term contracts
Except as provided in clauses 186 and 187, a staff member employed on a fixed term contract will cease to have an entitlement to parental leave on the expiry of their contract.
A female staff member who is at least 20 weeks’ pregnant at the time her contract expires and who is not offered further employment is entitled to 14 weeks’ paid maternity leave unless:
- the female staff member was offered and refused an offer of a further fixed term contract of employment which was broadly comparable to her existing position; or
- a significant majority of the duties and responsibilities of the fixed term position are no longer being performed.
Where a female staff member is on maternity leave at the time her contract expires and is subsequently offered and accepts a further fixed term contract of employment, the staff member will be entitled to take the balance of the maternity leave to which she would have been entitled had her contract not expired.
Return to work after parental leave
A staff member is entitled to return to the position that he or she held immediately before taking parental leave, except that if a female staff member:
- was transferred to a safe job because of her pregnancy, the relevant position is the
- position held immediately before the transfer; 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/or
- immediately before starting maternity leave, was acting in, or temporarily performing the duties of, a position for a period equal to or less than the period of leave, the relevant position is the position held by the staff member immediately before taking the acting or temporary position.
A staff member may apply to work part-time after return from parental leave. Any part-time work arrangement that is agreed will be recorded as a variation to the staff member’s contract of employment and will specify whether and when the staff member will return to full-time employment.
A female staff member may apply to return to work from maternity leave earlier than the leave dates agreed if the pregnancy terminates without the birth of a living child or the staff member gives birth to a living child but the child later dies.
A staff member may apply to extend their period of approved parental leave no later than four weeks before the end of their existing period of approved leave. Extended leave may be granted subject to operational needs and subject to the total period of leave not exceeding 104 weeks from the date of commencing leave. Applications to extend a period of parental leave beyond 52 weeks may be refused by the University on reasonable business grounds.
Impact of parental leave on service
Paid parental leave counts as service for all purposes, but leave taken at less than full pay will affect the accrual of annual and long service leave.
Unpaid parental leave does not count as service for any purpose except in that the case of staff with at least ten years’ paid service, up to six months unpaid parental leave will count as service for the purposes of long service leave. Unpaid parental leave does not break continuity of service.