3.9.1 Purpose
In line with its stated Mission and to provide family friendly work/life balance support to staff, the University provides the following arrangements for staff who require leave in association with the raising and care for children.
The University provides entitlements which are consistent with the Fair Work Act in respect of unpaid leave entitlements, the sharing of leave, and flexible leave. The University also provides generous paid leave entitlements.
The management of parental leave will be in accordance with the University policy and procedures for parental leave.
3.9.2 Eligibility for parental leave
A staff member is eligible for parental leave based on their having responsibility for the primary care of a child, whether they are a birth parent, an adopting parent or carer following permanent placement, or other person with the primary care of a child.
3.9.3 Entitlement to Leave Associated with the Birth or Adoption (or Permanent Placement) of a Child under the age of Sixteen (16)
3.9.3.1 There are three levels of entitlement to paid leave, depending upon length of paid service at the time the staff member commences leave associated with the birth or adoption (or permanent placement) of a child.
Service is calculated:
3.9.3.2 A fixed term or continuing member of staff is entitled to paid leave associated with the birth, adoption, permanent placement of a child in accordance with the following table.
| Provision | Length of completed paid continuous service | Paid leave entitlement | Unpaid leave entitlement |
|---|---|---|---|
| A1 | (i) Less than 52 weeks | The greater of eight (8) weeks or 1 week for each completed calendar month of continuous service at the staff member’s ordinary salary rate | The remainder of the period up to 52 weeks |
| A2 | (ii) 52 weeks but less than 104 weeks | 12 weeks at the staff member’s ordinary salary rate | 40 weeks |
| A3 | (iii) 104 or more weeks | 36 weeks at the staff member’s ordinary salary rate. | 16 weeks |
Additional leave without pay (or other forms of paid leave) may be taken that will bring the period of leave associated with the birth, adoption or permanent placement of a child, specified in sub-clause 3.9.3.1 (i) or (ii) above, to a continuous period of fifty-two (52) weeks. Paid parental leave can be taken at full pay or half pay. However, the total leave must not extend beyond the child's first birthday or one (1) year from the date of adoption or permanent placement.
'Ordinary salary rate' is the staff member's salary rate at the time of commencing parental leave. However, if the staff member's fraction has changed during the 12 weeks immediately before commencing parental leave, the staff member's ordinary salary rate will be based on their average fraction over the 104 weeks immediately before commencing parental leave.
3.9.3.3 Further unpaid parental leave
A further fifty-two (52) weeks of leave without pay is available to staff members for the care of children under school age. This must be taken immediately following paid or unpaid parental leave. The unpaid leave is renewable annually for no more than fifty-two (52) weeks at any one time provided that the total period of parental leave does not extend beyond the child's reaching school age. See clause 3.9.10 for the impact on entitlement to return to work.
3.9.3.4 Parental Leave for Casual and Sessional Staff
A casual or sessional staff member who has been engaged on a regular and systematic basis for a period of at least twelve (12) months will be entitled to:
3.9.4 When Parental Leave Must Commence
Where the staff member is pregnant or gives birth, parental leave may start up to six (6) weeks before the expected date of birth, or earlier if the University and staff member agree. However, parental leave must begin no later than the date of birth or adoption (or permanent placement of the child). Where a staff member is not the birth parent, the staff member may begin paid leave as outlined in clause 3.9.5.3.
3.9.5 Couple entitlement to Parental Leave
A couple is where two employees (not necessarily of the same employer) are the parents of the child (whether or not they are in a relationship). The couple is entitled to one paid leave entitlement (A1, A2 or A3).
3.9.5.1 Where both members of a couple are employed by the University, each may take separate periods of parental leave with a maximum total of twenty-four (24) months of parental leave (including all paid and unpaid leave) between them. Only one staff member is entitled to the paid parental leave entitlement at any point in time (except for second parent leave under clause 3.9.5.3).
The couple's leave period commences no later than the date of birth of the child (or earlier in accordance with clause 3.9.4).
3.9.5.2 Where only one member of a couple is employed by the University, the staff member may commence parental leave any time within 52 weeks after the birth or placement of the child. However, the total paid leave must not extend beyond the child's first birthday or one (1) year from the date of adoption or permanent placement.
3.9.5.3 Second Parent leave and concurrent leave
3.9.6 Foster Parent Leave
A person who is a fixed term or continuing member of staff who is acting as the primary carer of a foster child will be entitled to six (6) weeks of leave on half pay on the child entering their care.
3.9.7 Unplanned Cessation of Parental Leave1
Where a staff member has commenced paid parental leave and the following occurs:
| Type of Leave | Leave available |
|---|---|
| Birth/adoption or permanent placement | 12 weeks paid leave and up to 40 weeks unpaid (up to 52 weeks in total) |
| Leave for second parent | 3 weeks paid leave and up to 49 weeks of unpaid leave (up to 52 weeks in total) |
| Further unpaid parental leave | A further 14 weeks of leave without pay |
3.9.7 Leave following miscarriage
See clause 3.10.2.4 Personal Leave.
3.9.8 Leave for pregnancy related illness
Where a pregnant staff member:
the staff member is entitled to unpaid special parental leave or paid personal sick leave in accordance with clause 3.10.
3.9.9 Flexible Unpaid Parental Leave
A staff member who is entitled to unpaid parental leave may take up to 30 days of their unpaid parental leave entitlement at any time during 24 months from the date of birth or adoption (or permanent placement) of the child. Flexible parental leave:
3.9.10 Return to Work following a period of Parental Leave
A staff member who is the primary carer and who returns from a period of leave associated with the birth or adoption of a child is entitled to return to their substantive position at their original campus, held prior to commencing on leave associated with the birth, adoption or placement of a child, provided the leave does not exceed 104 weeks. Where the period of leave is greater than 104 weeks, a staff member will not have this entitlement to return.
3.9.11 Federal Government's Paid Parental Leave Scheme
The parties covered by the Agreement will review the impact of any future changes or amendments to the Federal Government's Paid Parental Leave Scheme (or its successor). The University reserves its right to seek a variation to these provisions should any future legislative changes affect the operational costs of the University's Paid Parental Leave provisions.
1 Where the pregnancy of a staff member (or the staff member's spouse, de facto partner, or second parent) results in a still-birth and the staff member has not commenced their parental leave, they will be eligible for miscarriage leave under clause 3.10.2.4(a).
Visit Service Central to access Corporate Services.
