39. PARENTAL LEAVE

Entitlement to parental leave for birth mothers

39.1 Staff members being birth mothers having continuous service of at least 24 months are entitled to leave for a continuous period of up to 52 weeks comprising 14 weeks at 100% pay (to conclude no later than 14 weeks following the date of delivery) and 38 weeks at 60% pay.

39. 2 Staff members being birth mothers having continuous service of –12 months or more but less than 24 months are entitled to leave for a continuous period of up to 52 weeks comprising 14 weeks’ leave at 100% pay (to conclude no later than 14 weeks following the date of delivery) and leave at 60% pay at the rate of 3.16 weeks for each completed month of service after the first 12 months, plus unpaid leave for any remainder of the continuous 52-week period.

39.3 Staff members being birth mothers having continuous service of less than 12 months are entitled to leave for a continuous period of up to 52 weeks (to conclude no later than 52 weeks following the date of delivery) comprising leave at 100% pay at the rate of 1.16 weeks for each completed month of service (to conclude no later than 14 weeks following the date of delivery) plus unpaid leave for the remainder of the continuous 52-week period.

Entitlement to parental leave for adoption

39.4  A staff member that has been approved for the adoption of a child will be entitled to leave equivalent to the leave entitlement of a birth mother under clauses 39.1 to 39.3, according to the staff member’s length of continuous service and with “date of placement” substituted for “date of delivery”.

Entitlement to parental leave for staff with spouses/domestic partners

39.5 A staff member being primarily responsible for the ongoing care of a child born to his/her spouse/domestic partner will be entitled to unpaid leave for a continuous period for up to 52 weeks from the date of delivery (less any other period of parental leave already taken by the staff member pursuant to clause 39.6). 

39.6  Where a staff member is absent to assist the birth mother immediately before or after the birth and the birth mother is the staff member's spouse/domestic partner, the staff member will be entitled to leave of five paid days and up to 10 unpaid days with all such leave to be taken within the period commencing one week prior to the expected date of birth and concluding not later than six weeks after the birth.

Entitlement to parental leave for long term casuals

39.7 Staff members engaged as long-term casuals are entitled to 12 months' unpaid parental leave.

Notice of parental leave

39.8A staff member is required to give at least four weeks’ written notice prior to commencing parental leave. 

Commencement of Parental Leave

39.9 Parental leave commences:

     (a) on the date of placement of the adopted child in the case of adoption leave;

     (b) no earlier than six weeks prior to the expected date of delivery in the case of maternity leave, unless medical evidence recommends otherwise; and,

     (c) no earlier than one week prior to the expected date of delivery in the case of spouse/domestic partner birth leave.

On at least seven days’ notice, a supervisor may request a pregnant staff member to obtain:

• medical evidence that she is fit for work; and


• if the staff member is fit for work, medical evidence as to whether it is unadvisable for the staff member to continue in her present position because of illness or risks arising out of the pregnancy, or hazards connected with the staff member's position. 

If the staff member:

•  fails to provide the requested medical evidence within seven days of the supervisor making the request; or


• provides medical evidence indicating that she is either unfit for work or it is unadvisable that she continue working,

the supervisor may direct the staff member to commence maternity leave at any time within six weeks prior to the expected date of delivery.

Continuous Period of Leave

39.10 Unless otherwise agreed with the University, all adoption leave and maternity leave (including any leave at 60% pay shared between spouses under clause 39.16 of this Agreement) must be taken as a continuous period.

Accessing unpaid parental leave after 12 months

39.11     (a) A staff member who has completed at least 12 months’ continuous service with the University immediately prior to the date of delivery/expected date of delivery (or the date of the placement of the adopted child/expected date of the placement of the adopted child) and who has already taken 12 months’ parental leave, may request an additional period of up to 12 months’ unpaid parental leave, to commence immediately following the end of the available parental leave period.  The request must be in writing and must be given to the University at least four weeks before the end of the available parental leave period.  The University will provide a written response to the staff member granting or refusing the request within 21 days of the request being made.

     (b) A staff member who has completed at least 12 months’ continuous service with the University immediately prior to the date of delivery/expected date of delivery (or the date of placement of the adopted child/expected date of placement of the adopted child), and whose spouse/domestic partner has already taken up to 24 months’ parental leave immediately prior for the care of their child, is entitled to a maximum period of 12 months’ unpaid parental leave to be taken and concluded within 24 months of the date of delivery/placement..

Return To Work After Parental Leave

39.12 At the end of a period of parental leave, a staff member is entitled to resume work on the same substantive classification, fraction of employment, and salary and with commensurate duties as applied prior to the commencement of leave, subject to the provision by the staff member of at least 4 weeks’ prior confirmation of return to work after the date of delivery.  With at least 6 weeks’ notice prior to return to work, a staff member who has completed at least 12 months’ continuous service with the University immediately prior to making the request, who is returning from parental leave and who has responsibility for the care of the child may request a reduced working year arrangement in accordance with clause 30, or a reduced fraction for a specified period of time or any other flexible working arrangement.  The request must be in writing and must set out the details of the change sought and the reasons for the change.  The University will provide a written response to the staff member granting or refusing the request within 21 days of the request being made.

Where a staff member does return from parental leave on a reduced fraction and commences a subsequent period of paid parental leave, the fraction applied for determining paid parental leave entitlements of the staff member during that subsequent period of paid parental leave will be:

     (a) the staff member’s average fraction for the 12-month period immediately preceding commencement of that subsequent period of paid parental leave; or,

     (b) the staff member’s average fraction for the period since his/her last return from parental leave,

     whichever is the lesser period.

39.13 Clauses 39.11 and 39.12 do not apply to a casual or Teaching Associate unless the staff member is a long term casual (as defined) of the University immediately prior to making the request.   

Return-to-Work Conversion Options

39.14 A staff member with an entitlement to adoption or maternity leave at 60% pay and who intends to return to work before exhausting his/her entitlement to leave at 60% pay is entitled to one of the following conversion options upon his/her return to work:

     (a) Return to work on a reduced fraction (subject to the agreement of the University) and at a rate of pay nominated by the staff member up to 100% of pay, provided that the staff member has already taken at least 26 weeks’ paid adoption or maternity leave and remains on a reduced fraction; or

     (b) Payment of the cash value of the unexpired portion of his/her leave at 60% pay entitlement at the election of the staff member as either a lump sum, a fortnightly allowance, or payment of child care fees for University-provided child care (subject to the staff member assuming liability for any FBT costs), whether or not the staff member returns to work on a reduced fraction.

Provided that any payments made under a return-to-work conversion option will only continue until the cash value of the unexpired portion of the staff member’s leave at 60% pay entitlement is exhausted or the 52^nd week following the date of commencement of the staff member’s period of adoption or maternity leave expires, whichever is the earlier.  The cash value of the unexpired portion of the staff member’s leave at 60% pay entitlement excludes superannuation contributions.  Any unused portion of the staff member’s entitlement to leave at 60% pay remaining at the staff member’s date of termination of employment will be foregone and the University will have no liability to make any payment in lieu for such entitlement foregone.

Nomination of Return-to-Work Conversion Option

39.15 Eligible staff members intending to take up a return-to-work conversion option are required to nominate their selected option at the time of applying for parental leave.  Provided that a staff member (and/or his/her spouse pursuant to clause 39.16) may subsequently change his/her election on at least 14 days’ written notice prior to his/her return to work from parental leave, and the University may charge the staff member an administration fee to cover any costs incurred as a consequence.

Transfer of Leave at 60% Pay Entitlement

39.16 A staff member:

     (a) with an entitlement to adoption or maternity leave at 60% pay;

     (b) who is succeeded by his/her spouse as the child’s primary caregiver; and

     (c) whose spouse is employed by the University

may transfer the remainder of his/her leave at 60% pay entitlement to his/her spouse.  Provided that if the spouse receives the leave at 60% pay entitlement as a return to work conversion option and he/she has not reduced his/her fraction of employment after assuming primary caregiver responsibility, the cash value of the entitlement will be based on that spouse’s pay which is the lesser.

Return to Work Obligation

39.17 A staff member (and/or his/her spouse pursuant to clause 39.16) will enter into a Deed with the University as a condition of payment for any leave at 60% pay entitlement and/or return-to-work conversion option.  The Deed will specify that the staff member is obliged to return to work for a period equivalent to:

     (a) the period of leave taken at 60% pay (irrespective of the staff member’s return to work fraction); and/or

     (b) the period it takes for the staff member to earn salary (inclusive of additional hours, overtime, shift work, and/or higher duties allowances but exclusive of any benefit paid as salary under the return-to-work conversion option) equivalent in aggregate to the cash value of the return-to-work conversion option benefit received.

Discharge of the staff member’s return-to-work obligation commences immediately upon his/her return to work, including a return to work under a return-to-work conversion option, but excludes any period of leave following the staff member's return to work.

In the event that the staff member resigns or is dismissed and he/she has failed to fully discharge his/her return to work obligation, the staff member will be required to pay the University restitution for the shortfall.  In instances where the staff member fails to return to work for a period equivalent to the period of leave taken at 60% pay, employer superannuation contributions made during the period of such leave will be included in the calculation of restitution owing.  Any balance outstanding will be deducted from any entitlements otherwise due to the staff member upon termination of employment.  The Deed will make it clear that a staff member may elect to extend his/her period of parental leave in accordance with clause 39.11.  A decision by a staff member to extend his/her period of parental leave does not absolve the staff member of his/her obligations under the Deed.  However, the fulfilment of those obligations may be delayed until the staff member returns to work.

39.18 A staff member’s parental leave will be cancelled where the staff member:

     (a) returns to work following parental leave;

     (b) ceases as the adopted child’s primary caregiver following the date of placement;

     (c) ceases to accept responsibility for the ongoing care of the child in the case of spouse/domestic partner birth leave;

     (d) has applied for maternity leave and her pregnancy ends other than by the birth of a living child, whether or not maternity leave has commenced; and/or

     (e) ceases as the child’s primary caregiver during maternity leave and at least 14 weeks have expired from the date of delivery or her entitlement to maternity leave at 100% pay has been exhausted, whichever is the earlier.

A staff member will have no parental leave entitlements beyond the date of termination of his/her employment with the University.

Termination or Still Birth

39.19 Where a saff member’s pregnancy has proceeded for at least 20 weeks and her pregnancy either terminates or results in a still birth, she will be entitled to leave up to a maximum aggregate continuous period of 26 weeks comprising:

     (a) paid leave equivalent to the staff member’s maternity leave at 100% pay entitlement that would otherwise have applied, or the remaining balance thereof; and

     (b) unpaid leave.

Provided that the maximum aggregate continuous period may be extended to 52 weeks where certified by a medical practitioner.

Such staff member will resume duty at a time agreed upon in consultation with her supervisor.

39.20 A staff member on unpaid maternity leave who has an accrued sick leave entitlement and is ill as a result of her pregnancy or childbirth is entitled to be placed on sick leave for the period of illness subsequent to the expiration of her paid maternity leave, provided she submits a medical certificate or statutory declaration in support.

Parental Leave During Holidays

39.21 Where Labour Day, Queen’s Birthday or Melbourne Cup Day, fall during a period of parental leave counting as service, the staff member will accrue an entitlement to one and two-thirds days’ holidays in lieu for each day.  Where the staff member returns to work in the same year that the entitlement is accrued, it will be taken at the next Christmas/New Year closedown.  If not, the accrued holiday entitlement is required to be taken prior to the next closedown period. 

39.22 All other holiday entitlements will be foregone by staff on parental leave.