Part E - Leave Entitlements

39. Application of Parental Leave

39.1 Four weeks notice of parental leave will be required.

Maternity Leave and Adoption Leave

39.2 Maternity leave will commence no earlier than 6 weeks prior to an expected birth date unless medical evidence recommends otherwise. On at least 14 days' notice, a supervisor may direct a pregnant staff member to commence maternity leave at any time within 6 weeks prior to the expected birth date. All adoption and maternity leave on full pay must be taken as a continuous period.

39.3 A staff member's annual leave management obligations under clause 36 continue to apply regardless of any absence on parental leave.

Return To Work After Maternity Leave

39.4 At the end of a period of paid or unpaid maternity 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 the maternity leave subject to the provision of at least 4 weeks' prior confirmation of return.

39.5 With 6 weeks' notice prior to return, a staff member returning from parental leave and who remains as the child's primary caregiver may request a reduced working year arrangement in accordance with clause 31, or a reduced fraction for a specified period of time.

38 Weeks Maternity Leave (Return to Work Conversion Option)

39.6 At the time of applying for leave, a staff member entitled to 38 weeks' leave at 60% of pay (or a monthly pro rata equivalent) in accordance with Schedule 5, paragraph (m) who intends to return to work prior to the expiry of some or all of the 38 week period, may choose to use the unexpired period (or its equivalent cash value) for any of the following return to work options:

Returning to work on a reduced fraction at full salary, subject to having taken at least 26 weeks' paid parental leave, for the duration of the unexpired period or until the staff member returns to his/her substantive fraction, whichever is the earlier.
Payment of the unexpired period as a lump sum, a fortnightly allowance or child care fees for University-provided child care (subject to the staff member assuming liability for any FBT costs)
Where the staff member reduces his/her intended period of parental leave with the University's agreement, banking of the unexpired period for use as salary payment during any future period of unpaid parental leave, with payment at the ordinary rate of pay applying when the banked leave is taken.

39.7 Provided that the staff member may change his/her election on 14 days' written notice and the University may charge the staff member an administration fee to cover any costs incurred. Any unused portion of the staff member's entitlement to leave at 60% of pay remaining at the termination of employment will be foregone and the University will have no liability to make any payment in lieu for such entitlement foregone.

Right to Share 38 Weeks Leave with Spouse

39.8 Where a staff member and his or her spouse are employed by the University and share primary care responsibility for the child, either staff member may use some or all of the 38 weeks leave at 60% pay. Provided that the combined entitlement taken by both partners will be limited to a maximum of 38 weeks subject to the adoption leave limitation in Schedule 5, paragraph (n).

Return to Work Deed

39.9 A staff member shall enter into a return to work deed as a condition of payment for some or all of the 38 weeks leave at 60% of pay available under clause 35.1 and Schedule 5.

39.10 Such a deed will specify that return to work must be for a period equivalent to the period of leave at 60% of pay (or the value of any return to work conversion option) taken, and the staff member will repay any shortfall in the event of resignation prior to this period's expiry, with any balance outstanding to be deducted from any entitlements otherwise due to the staff member on resignation.

39.11 A staff member's parental leave will be cancelled where the staff member:

returns to work following parental leave;
ceases as the adopted child's primary caregiver following the date of placement;
ceases to accept responsibility for the ongoing care of the child in the case of domestic partner birth leave;
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
ceases as the child's primary caregiver during maternity leave and any entitlement to paid maternity leave at her full ordinary rate of pay has been exhausted.

Termination or Still Birth

39.12 Where a staff member's pregnancy has proceeded for at least 20 weeks and her pregnancy either terminates or results in a still born child, the staff member will be entitled to a maximum aggregate continuous period of 26 weeks' paid and unpaid leave comprising either:

paid leave equivalent to that in Schedule 5, paragraph (m) of this Agreement as applicable; or
where the staff member has already commenced such leave, the balance remaining of such leave and unpaid leave. Provided that the maximum aggregate continuous period may be extended to 52 weeks where certified by a medical practitioner. The staff member will resume duty at a time agreed upon in consultation with her supervisor.

39.13 A staff member on unpaid maternity leave who has an accrued sick leave entitlement and becomes 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.

Adoption Leave - Specific Conditions

39.14 For the purposes of adoption leave, “child” means a child or children of the staff member through an adoption process who is not the birth child of the staff member or the staff member's partner and who has not lived continuously with the staff member for a period of six months or longer.

39.15 The provisions for maternity leave apply mutates mutandis to adoption leave.

Parental Leave During Holidays

39.16 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 1 2/3 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.

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