Parental Leave Procedures
Approved by: Director, Human Resources
Related policies:
Contents
1. Definitions
2. Maternity leave
2.1 Notification of Intention to take maternity leave
2.2 During pregnancy
2.3 Commencement of maternity leave
3. Adoption leave
3.1 Notification of Intention to take adoption leave
3.2 Commencement of adoption leave
4. Partner leave
4.1 Notification of Intention to take partner leave
4.2 Commencement of partner leave
5. Unpaid parental leave
5.1 Notification of Intention to take unpaid parental leave
5.2 Commencement of unpaid parental leave
6. Amending parental leave
7. Early return to work
8. Taking of other leave
9. Continuity of service during parental leave
10. Unplanned cessation of parental leave
11. Returning to work
12. Replacement staff during parental leave
13. Summary table of the types of parental leave
1. Definitions
Eligible Staff means all staff who have completed 12 months service except those appointed on a casual basis. Fractional staff will be eligible at a proportionate basis.
New Child means a new baby, newly adopted baby or newly fostered baby up to one year of age.
Child means a newly adopted child or newly fostered child between 1and 5 years of age except where the staff member is able to demonstrate a special need to care for an older child.
Primary Carer is a staff member who has full-time responsibility for the day-to-day care and nurturing of a new child or child. This can include where a fostering arrangement is intended to be long-term, or for whom the staff member has recently become a guardian where the guardianship is intended to be long-term.
Significant Carer is a staff member whose partner has become a primary carer of a new child.
Parental Leave this term includes the different types of leave including: maternity leave adoption leave, partner leave and unpaid parental leave.
Maternity Leave is used for the birth of and primary care of a new child.
Adoption Leave is used to be the primary carer of a new child or child. Adoption leave can also be used by a staff member who becomes the primary carer for long-term fostering or guardianship of a new child or child.
Partner Leave is used to be the significant carer of a new child.
Unpaid parental leave is used to be the primary or significant carer of a new child.
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2. Maternity leave
Maternity leave is 26 weeks paid leave for eligible staff giving birth to a baby and who are the primary carer of the new child. The leave is available as paid leave, unpaid parental leave or a combination of both up to a maximum of 52 weeks, depending on the length of service. Staff on fractional appointments will be entitled to maternity leave on a proportionate basis. Maternity leave is an individual entitlement and there is no restriction on the number of times a staff member can take maternity leave.
For full-time staff members, the University provides the option to receive the payment for 26 weeks paid maternity leave at half pay over the full 52 week parental leave period. Choosing this option changes a staff members full-time appointment to a fractional (.5) appointment for the 12 month parental leave period. Staff are strongly encouraged to contact UniSuper to discuss the implications of this type of temporary appointment change to member contributions and benefits. This change may also effect a staff members normal payroll deductions and banking disbursements, and Payroll should be contacted to discuss individual situations. This payment option cannot be accessed once a period of parental leave has commenced.
2.1 Notification of Intention to take maternity leave
A leave form must be completed, notifying of an intention to take maternity leave and the duration of the leave. This form must be directed to the Cost Centre Manager, at least 12 weeks before the proposed commencement of leave and must be accompanied by a certificate from a registered medical practitioner or certified midwife stating the expected date of birth. The staff member must also indicate in writing to the Cost Centre Manager that they intend to return to work at the end of the period of leave, the expected date of return to work, and for full-time staff, if they are electing to receive the 26 weeks paid maternity leave at half pay over 52 weeks.
2.2 During pregnancy
A staff member may seek to work on a fractional basis prior to commencing maternity leave. This will depend on the requirements of the work area and the University and the mutual agreement of the Cost Centre Manager, supervisor and the staff member.
The staff member should discuss any occupational health and safety risks associated with pregnancy with her registered medical practitioner, the University Workplace Health and Safety Officer (WHSO) and her supervisor. If, in the opinion of a registered medical practitioner or the WHSO, illness or risks arising out of the pregnancy or hazards connected with the work make it inadvisable for the staff member to continue in her job, the staff member may request a transfer to another job. The position to which the staff member is transferred will be as close as possible in status to her substantive position and will be mutually agreeable to the staff member, supervisor and Cost Centre Manager. The staff member will be remunerated at the level of the substitute position. If no suitable position is available, the staff member may take sick leave (if deemed appropriate by a registered medical practitioner), recreation leave or may be required to commence maternity or parental leave.
Sick leave, recreation leave, time off in lieu, or hours accrued under the flexible hours arrangement can be used for medical check-ups or illness directly related to the pregnancy. Sick leave can also be used to cover any other personal illness during the period of maternity leave. It is not intended that sick leave will be used to duplicate, replace or extend maternity leave.
2.3 Commencement of maternity leave
A staff member may commence maternity leave at any stage of pregnancy provided that they give four weeks notice to their Cost Centre Manager and the medically certified expected date of birth is included in this period of leave and the leave is taken in one continuous period. Staff on maternity leave are normally required to remain absent for a minimum period of six weeks after the actual date of birth. If a medical certificate of fitness is provided, a staff member may return to duty earlier than six weeks after birth.
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3. Adoption leave
Adoption leave is available for eligible staff who become the primary carer of a new child or child. There are two categories of adoption leave. The leave is available as paid leave, unpaid parental leave or a combination of both up to a maximum of 52 weeks, depending on the length of service.
Category A - is available to an eligible staff member becoming the primary carer of a new child. The staff member is entitled to 26 weeks paid adoption leave, depending on the length of service.
Category B - is available to an eligible staff member becoming the primary carer of a child. The staff member is entitled to 13 weeks paid adoption leave, depending on the length of service.
The period of paid adoption leave is reduced by any amount of paid adoption leave taken by a spouse for the primary care of the same child. Staff on fractional appointments will be entitled to adoption leave on a proportionate basis. Adoption leave is an individual entitlement and there is no restriction on the number of times a staff member can take adoption leave.
3.1 Notification of intention to take adoption leave
A leave form must be completed notifying of an intention to take adoption leave must be directed to the Cost Centre Manager, at least 12 weeks before the proposed commencement of leave. Notification must be accompanied by satisfactory evidence advising of the date the staff member will become the primary carer. The staff member must also indicate in writing to the Cost Centre Manager that they intend to return to work at the end of the period of leave and the expected date of return to work.
3.2 Commencement of adoption leave
A staff member can commence adoption leave at any stage of the adoption, long-term fostering or guardianship arrangement provided they give four weeks notice to their Cost Centre Manager and the expected date of adoption, long-term fostering or guardianship arrangement is included in this period of leave and the leave is taken in one continuous period.
The leave can be used to attend interviews, court or examinations related to the application for adoption, long-term fostering or guardianship, or to travel to collect the new child, or any other event directly related to the placement of the child. Leave will normally be available as one continuous period. Shorter periods of leave may be available in special circumstances at the discretion of the Cost Centre Manager. Public holidays which fall in the period of leave form part of the leave. Leave may not be granted in broken periods separated by public holidays or by periods of long service or recreation leave.
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4. Partner leave
Partner Leave is available to eligible staff whose partner has become the primary carer of a new child.
4.1 Notification of intention to take partner leave
Notification of an intention to take partner leave is to be directed to the Cost Centre Manager, as soon as practicable before the proposed commencement of leave.
4.2 Commencement of partner leave
A leave form must be completed to take partner leave and must be directed to the Cost Centre Manager, as soon a practicable.
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5. Unpaid parental leave
Unpaid parental leave is available to eligible staff to be the primary or significant carer of a new child for a maximum of 52 weeks inclusive of any paid parental leave.
5.1 Notification of intention to take unpaid parental leave
Notification of an intention to take unpaid parental leave must be directed to the Cost Centre Manager at the same time as notification of any paid parental leave.
5.2 Commencement of unpaid parental leave
Commencement of unpaid parental leave will normally occur after paid parental leave has been exhausted.
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6. Amending parental leave
If the original application for parental leave is for less than 52 weeks, the staff member may seek an extension up to the maximum period of 52 weeks inclusive of any paid leave. Staff member must provide a written request to their Cost Centre Manager not less than four weeks before the anticipated return date.
7. Early return to work
If the staff member wishes to return to work earlier than the anticipated date or cancel an application for parental leave, the staff member should notify their Cost Centre Manager. The staff member should normally give four weeks notice of the requested date of return to work. Where four weeks notice is not provided by the staff member, the University will seek to re-employ the staff member within four weeks of receiving notification.
8. Taking of other leave
Eligible staff may apply for all or part of accrued recreation leave or long service leave to be taken in addition to or in place of parental leave. Sick leave cannot be used for medical check-ups or illness during the period of unpaid parental leave or to duplicate, replace or extend parental leave.
Following a period of parental leave a staff member may apply for a further period of leave without pay in accordance with the University's leave without pay guidelines.
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9. Continuity of service during parental leave
A period of parental leave granted will count as continuous service for all purposes.
A staff member who is employed on a fractional basis prior to commencing parental leave will normally be eligible for parental leave based on their fractional salary. However, where a staff member was full-time and sought a fractional appointment during their pregnancy, the staff member will be entitled to maternity leave on their full-time salary.
The University is not required to extend a fixed-term appointment solely due to a period of parental leave. However, the Cost Centre Manager and staff member may, by mutual agreement, suspend a probationary period if a period of parental leave occurs during the probation period.
A staff member on parental leave may apply for appointment to a vacant position, promotion and staff development courses including professional development programs and will not be denied appointment or access solely on the basis of being on parental leave.
If a staff member applies for a period of parental leave for a subsequent new child whilst already on parental leave, the new period of leave supersedes the initial period of leave granted and will not be in addition to that leave.
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10. Unplanned cessation of parental leave
If maternity leave has commenced, or has been applied for but not commenced, and the pregnancy of the staff member terminates other than by the birth of a living child after the 20th week of pregnancy, or upon the death of the child during the period of leave, then the staff member will be entitled to the full period of approved maternity leave. In addition, the staff member may apply for unpaid leave up to a period of 12 weeks or a longer period, up to a maximum of 52 weeks, if certified by a medical practitioner.
If long-term unpaid parental leave has commenced, and the staff member's child dies during the period of leave, then the staff member may apply for unpaid leave up to a period of 12 weeks or a longer period, up to a maximum of 52 weeks, if certified by a medical practitioner.
11. Returning to work
A staff member must confirm the expected date of return to work with their Cost Centre Manager at least four weeks before the original nominated date.
Staff returning from parental leave will normally return to the position occupied immediately prior to commencement of leave. When this is not possible, the staff member will be offered another comparable position with no loss of salary, tenure or grading. Negotiations on an alternative position will occur between the staff member, relevant supervisor and relevant Cost Centre Manager.
Staff may request to return to work on a fractional basis for up to 12 months. Approval will depend on the requirements of the work area and the University and the mutual agreement of the Cost Centre Manager, supervisor and staff member. Other arrangements may be agreed upon between the Cost Centre Manager, supervisor, and the staff member.
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12. Replacement staff during parental leave
The work area from which the leave is granted may fill the vacated position for the period of leave on a fixed term basis only. Replacement staff will be advised that their appointment is on a fixed term basis as they are replacing a staff member on parental leave. They will also be advised of the maximum length of appointment and that the staff member on leave can request an earlier return to work and that there may be a variation to the appointment with a minimum of four weeks notice.
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13. Summary table of the types of parental leave
| Types of parental leave |
Purpose of the leave |
Maximum duration |
Paid (pro-rata for fractional staff) / Unpaid |
Eligible staff |
| Maternity leave |
To be the primary carer of a new child |
26 weeks |
Paid |
Staff who have completed 12 months continuous service, except those appointed on a casual basis. |
| Adoption leave (Category A) |
To be the primary carer of a new child |
26 weeks |
Paid |
Staff who have completed 12 months continuous service, except those appointed on a casual basis. |
| Partner leave |
To be the significant carer of a new child |
10 days |
Paid |
Staff who have completed 12 months continuous service, except those appointed on a casual basis. |
| Adoption leave (Category B) |
To be the primary carer of a child |
13 weeks |
Paid |
Staff who have completed 12 months continuous service, except those appointed on a casual basis. |
| Unpaid parental leave |
To be the primary carer of a new child |
52 weeks inclusive of any paid parental leave |
Unpaid |
Staff who have completed 12 months continuous service, including those appointed on a casual basis. |
Adoption leave (Category A) refers to being the primary carer of a new child (up to one year of age).
Adoption leave (Category B) refers to being the primary carer of a child (between the ages one to five years).
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