3.9 PARENTAL LEAVE
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:
Leave associated with the birth of an infant or adoption of a child under school age; or
Foster parenting leave for a child up to age of sixteen (16).
The management of Parental Leave will be in accordance with the University policy and procedures for Parental Leave.
3.9.2 Entitlement to Leave Associated with the Birth or Adoption of a Child, or Foster Parenting Leave, or Leave for Partners
3.9.2.1 A member of staff who is the primary carer is entitled to paid leave associated with the birth or adoption of a child in accordance with the following table:
|
Provision |
Who is entitled? |
Paid Leave Entitlement (Varies dependent on length of service) |
Unpaid Leave entitlement |
Pre-requisites/conditions of leave |
Extended parental leave without pay |
Further unpaid parental leave |
|
Primary Carer A1 - Leave associated with the birth or adoption of a child |
All continuing and fixed term staff where the staff member has less than fifty-two (52) weeks completed paid continuous service |
1 week for each completed four (4) weeks of service |
A1(i) Balance of entitlement up to fifty-two (52) weeks |
Leave will not extend beyond child’s first birthday. |
B1 Immediately following paid or unpaid leave up to a further fifty-two (52) weeks unpaid parental leave subject to written request to ACU to agree to the extension. Request must be made four (4) weeks prior to the end date of the original leave. Available upon request unless the staff member’s partner has already taken twelve (12) months of parental leave. |
C1 In addition to and immediately following paid or unpaid leave at A and B - a further 52 weeks leave without pay for the care of children under school age. Renewable upon request annually for no more than fifty-two (52) weeks at any one time. Total period of leave must not extend beyond child reaching school age |
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Primary Carer A2 - Leave associated with the birth or adoption of a child |
All continuing and fixed term staff where the staff member has fifty-two (52) weeks completed paid continuous service but less than one hundred and four (104) weeks |
Twelve (12) weeks at staff members ordinary salary rate or twenty-four (24) weeks at 0.5 of the staff member’s ordinary salary rate |
A2(i) Balance of entitlement up to fifty-two (52) weeks |
Leave will not extend beyond child’s first birthday. |
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Primary Carer A3 - Leave associated with the birth or adoption of a child |
All continuing and fixed term staff where staff member has one hundred and four (104) or more weeks of completed paid continuous service |
Twelve (12) weeks at staff members ordinary salary rate and forty (40) weeks at 0.6 of the staff member’s ordinary salary rate |
Leave will not extend beyond child's first birthday. | |||
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The ACU staff member is entitled to return to substantive position at the original campus held prior to commencing leave. Return from parental leave will be managed according to the ACU Parental Leave policy. |
On approval of extended parental leave- Staff member is entitled to return to substantive position at the original campus held prior to commencing leave. Return from parental leave will be managed according to the ACU Parental Leave Policy. |
Staff member is unattached from substantive position and will be placed in a suitable position subject to availability and will be managed in accordance with the ACU Parental Leave Policy. |
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Parental leave for a staff member who is the primary carer commences no later than the date of birth or placement of the child. 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 supervisor and staff member agree. Couples. Each eligible member of a couple [1] may take a separate period of parental leave as the primary carer, however the couple are entitled to no more than twenty-four (24) months of paid or unpaid parental leave between them, generally taken separately in a single continuous period. The couples’ leave period commences no later than the date of birth of the child however where one of the members of a couple is pregnant or gives birth, leave may start up to six (6) weeks before the expected date of birth or earlier if the supervisor and staff member agree. However, where a member of a couple assumes the role of primary carer immediately following a period of their partner’s parental leave, the leave may start at any time within twelve (12) months after the birth or placement of the child. Extended Parental Leave at B1 is subject to request. This twenty-four (24) month total leave period also includes any concurrent or partner leave as stipulated below. * |
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Who does it not apply to? Staff who are not the primary carer of the child. Casual and Sessional Staff. Leave at provision A, B and C is only available where leave is unbroken and continuous except in the case of leave for partners or concurrent leave. |
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3.9.2.2 A member of staff who is the primary carer of a foster child; or a Partner; or a Casual or Sessional, is entitled to paid leave associated with the birth, adoption or fostering of a child in accordance with the following table:
|
Provision |
Who is entitled? |
Paid Leave entitlement |
Unpaid leave entitlement |
|
*Leave for Partners or Concurrent leave |
A fixed term or continuing staff member who is the partner of a person who is the primary carer of the child. |
P1- 15 consecutive working days (or for periods where the aggregate does not exceed fifteen (15) working days) and must not commence before the birth or adoption of the child. This leave comes out of the staff member’s entitlement to paid or unpaid parental leave at leave provision A1, A2 or A3 and must be taken within twelve (12) weeks from the birth or adoption of the child. |
P2 - In addition to leave at P1, a staff member may take up to five (5) weeks unpaid partners or concurrent leave during the partner’s period of parental leave. This leave must not commence before the birth or placement of the child. The leave may be taken in separate periods however each period must not be shorter than two (2) weeks unless by agreement with supervisor. This leave comes out of the staff member’s entitlement to paid or unpaid parental leave at provision A1, A2 or A3 and must be taken within twelve (12) months from the birth or adoption of the child. |
|
Foster Parent Leave |
A fixed term or continuing staff member who is the primary carer of a foster child |
Up to six (6) weeks on half pay on the child entering their care if the child is younger than five (5) years of age OR Three (3) weeks leave on half pay on the child entering their care if the child is over five (5) years and under sixteen (16) years of age. |
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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 and who are the primary carer of the child |
Up to fifty-two (52) weeks unpaid parental leave. A further fifty-two (52) weeks of unpaid parental leave subject to written request to ACU to agree to the extension. Request must be made four (4) weeks prior to the end date of original leave. |
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*Leave for Partners or Concurrent 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 |
A casual staff member may take 8 weeks unpaid partners concurrent leave during the partners period of parental leave. The leave must not commence before the birth or placement of the child and must be taken within twelve (12) months of the birth or adoption of the child. Concurrent leave can be taken in separate periods of no shorter than two (2) weeks unless by agreement with the supervisor. |
3.9.2.3 Primary carer means a person who is:
i. The birth mother of the newborn;
ii. The adopting parent of the child; or
iii. Another person caring for the child who would otherwise be the primary carer of the child subject to the University being provided with reasonable evidence to support that the person is the primary carer.
3.9.2.4 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 shall be entitled to return to their substantive position at their original campus, held prior to commencing on leave associated with the birth or adoption of a child, provided the leave does not exceed fifty-two (52) weeks. Where the period of leave is greater than fifty-two (52) weeks (except in the case where the leave taken is approved extended parental leave without pay outlined at 3.9.2.1) the staff member will become unattached from their substantive position. On return, the staff member will be placed in a suitable position if one is available.
3.9.3 Unplanned Cessation of Parental Leave
Should it be necessary to alter Parental Leave applied for and commenced, due to miscarriage or the death of a child, the following leave will be made available:
|
Type of Leave |
Leave available |
|
Birth/Adoption |
12 weeks paid leave and up to 14 weeks unpaid |
|
Leave for Partners |
3 weeks paid leave and up to 14 weeks unpaid |
|
Extended Parental Leave |
14 weeks leave without pay |
3.9.4 Federal Government’s Paid Parental Leave Scheme
The parties to the Agreement shall 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.
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