• Leave for parenting purposes

    107. Maternity and Maternal Leave

    107.1

    Maternity Leave will continue to be available to employees in accordance with the provisions of the Maternity Leave (Commonwealth Employees) Act 1973.

       

    107.2

    Approval may be given to spread the payment of paid Maternity Leave over a maximum period of 24 weeks by taking all or part of the leave at half normal salary.

       

    107.3

    The Maternity Leave Act provides for 12 weeks paid leave to eligible employees. Any arrangement to spread the payment for this leave under clause 107.2, beyond the initial 12 weeks' period specified by the Maternity Leave Act, will not increase the period that counts for service beyond 12 weeks.

       

    107.4

    This administrative arrangement does not extend the total period of paid and unpaid maternity leave available under the Maternity Leave (Commonwealth Employees) Act 1973.

       

    107.5

    An employee who is entitled to Maternity Leave under the Maternity Leave (Commonwealth Employees) Act 1973 will also be entitled to a period of paid Maternal Leave. The entitlement will be for four weeks at full pay. Approval may be given to spread the payment over eight weeks by taking it at half pay. Only the first four weeks will count as service.

       

    107.6

    Maternal Leave must be taken continuously and can only be taken immediately after the first 12 weeks of Maternity Leave under the Maternity Leave (Commonwealth Employees) Act 1973.

    108. Supporting Partners Leave

    108.1

    An employee who is not entitled to paid Maternity Leave, paid Adoption Leave or paid Foster Parent Leave is entitled to two weeks of paid Supporting Partners Leave on the occasion of

    a. the birth of their child (or their partner's child),

    b. the adoption of a child, or

    c. the permanent fostering of a child

    that occurs on or after the date of commencement of this Agreement.

    The leave must be taken in one continuous period commencing within 6 weeks of the day of birth of the child or the day the employee assumes responsibility of an adopted child or fostered child.

       

    108.2

    An employee is also entitled to leave without pay to care for a child from the day of the birth of the child, or the day the employee assumes responsibility for an adopted child or fostered child. This leave without pay must be taken within a period of 66 weeks commencing on the day of birth of the child or the day the employee assumes responsibility of an adopted child or fostered child.

       

    108.3

    In addition to the leave available under sub clause 108.2, the primary care giver of the child is entitled to leave without pay to care for the child until the child is up to two years old.

       

    108.4

    Leave without pay under this clause does not count as service for any purpose.

    109. Adoption Leave

    109.1

    Subject to the provisions of this clause, an employee who adopts a child is entitled to paid leave.

    Where the adoption occurs on or after the commencement of this agreement the employee will be entitled to 14 weeks of paid leave.

    Where the adoption occurs prior to the commencement of this agreement the employee will be entitled to 10 weeks of paid leave.

    109.2

    To be eligible for Adoption Leave:

    a. employees must have at least 12 months of continuous APS service and be the primary care giver of the child,

    b. the adopted child can not have lived with the employee for a period of six months or more, and

    c. the adopted child can not be a child of the employee or the employee's partner, unless that child had not been in the custody and care of the employee or the employee's partner for a continuous period of six months or more.

       

    109.3

    Where both parents are eligible employees in the ATO they may share the 14 weeks for the period that they are the primary care giver.

       

    109.4

    Where an employee is granted Adoption Leave, that leave must be taken in one continuous period and be taken during the period commencing one week prior to assuming responsibility for the child and ceasing six months after assuming responsibility.

    110. Foster Parent Leave

    110.1

    Subject to the provisions of this clause, an employee who has assumed long term responsibilities arising from the placement of the child by a permanent "fostering" arrangement on or after the date of commencement of this agreement:

    a. by a person or organisation with statutory responsibility for the placement of the child; and

    b. where the child is not expected to return to their family,

    is entitled to 14 weeks of paid leave.

       

    110.2

    To be eligible for Foster Parent Leave:

    a. an employee must have at least 12 months of continuous APS service and be the primary care giver of the child,

    b. the child can not have lived with the employee for a period of six months or more, and

    c. the child can not be a child of the employee or the employee's partner, unless that child had not been in the custody and care of the employee or the employee's partner for a continuous period of six months or more.

       

    110.3

    Where an employee is granted Foster Parent Leave, the leave must be taken in one continuous period and be taken during the period commencing one week prior to assuming responsibility for the child and ceasing six months after assuming responsibility.

       

    110.4

    Where the fostering arrangement is terminated during the period of Foster Parent Leave then the leave will cease.

    111. Returning to work after parental leave

    111.1

    On ending parental leave (including Maternity, Supporting Partners, Adoption and Foster Parent Leave), an employee is entitled to return to:

    a. the employee's pre-parental leave duties; or

    b. if those duties no longer exist, available duties for which the employee is qualified and suited at the same classification and pay as applied pre-parental leave.

    For the purposes of this clause, duties means those performed:

       

    i. if the employee was moved to safe duties because of the pregnancy - immediately before the move; or

    ii. if the employee began working part-time because of the pregnancy - immediately before the part-time employment began; or

    iii. otherwise - immediately before the employee commenced parental leave.

       

    111.2

    All employees returning from parental leave (including Maternity, Supporting Partners, Adoption and Foster Parent Leave) will have access to part time work in accordance with clause 85 until the child has attained school age, if they want it.

    Hours of work (specified total hours and regular hours) must be agreed by the manager and the employee in the normal manner. Work may not be able to be provided in the same job that the employee had as a full time employee.

    A proposal to work part time where an employee has been temporarily assigned to duties can only be for the duration of the temporary assignment.

       

    111.3

    An employee who is a parent, or has responsibility for the care of a child under school age or a child under 18 who has a disability, may request flexible working arrangements, including part-time hours.

       

    111.4

    An employee engaged for irregular or intermittent duties may only request flexible work arrangements if the employee:

    a. is a long term casual employee immediately before making the request; and

    b. has reasonable expectation of continuing employment on a regular and systematic basis.

       

    111.5

    A request made in accordance with this clause must be in writing and set out details of the change sought and the reasons for the change. The Commissioner will respond in writing to the request within 21 days and will only refuse on reasonable business grounds. Where the request is refused, the response will include reasons for the refusal.

       

    111.6

    For the purposes of this clause:

    a. 'qualifying service' means service that is recognised for redundancy pay purposes;

    b. 'casual' means an employee engaged on a irregular or intermittent basis.

    c. 'flexible working arrangements' includes changes in hours of work, changes in patterns of work, and changes in location of work.

      Last modified: 02 Dec 2011QC 24167