Parental Leave

43.1.1   Definitions – for the purpose of this clause

43.1.2   “Employee” includes full time, part time, ongoing and fixed term contract employees.

43.1.3   “Primary Care Giver” is the employee who will assume the principal role for the care and attention of a child/children. The employer may require confirmation of primary care giver status.

43.1.4   “Replacement Employee” is an employee specifically engaged to replace an employee proceeding on parental leave.

43.1.5   ”Partner” means a person who is a spouse, de facto or same sex partner.

43.2.1   These Parental leave provisions will come into effect for any employee who commences parental leave from date of certification of this Agreement.

43.2.2   An employee is entitled to a period of up to 104 weeks unpaid parental leave in respect of the:

43.2.3   An employee identified as the primary care giver of a child and who has completed twelve months continuous service at the University shall be entitled to 14 weeks paid parental leave from date of certification of this agreement. Paid parental leave will form part of the 104 week entitlement provided in subclause 43.2.2.

43.2.4   The employee and the Head may agree to the 14 weeks paid parental leave being taken as 28 weeks on half pay. All leave accruals and superannuation contributions during the period of paid parental leave at half pay will be on a pro rata basis. Where a member of staff wishes to maintain superannuation contributions at a notional full-time rate, they will be responsible for making the necessary arrangements and for maintaining the notional full-time rate for both the employee’s and the employer’s contribution.

43.2.5   A pregnant employee can commence the period of parental leave any time up to 20 weeks before the expected date of birth. Any other primary care giver can commence the period of paid parental leave from the birth date or for the purposes of adoption from the placement of the child but no later than 14 weeks after the birth or placement of the child.

43.2.6   Paid parental leave for primary care purposes for any one birth or adoption shall not exceed 14 weeks except as provided at sub-clause 43.7. The 14 week paid period must commence in accordance with sub-clause 43.2.5 and conclude not more than 14 weeks after the date of birth. The conclusion of the paid leave period may be extended up to a further 22 weeks in accordance with subclause 43.7. The employee and the Head are to arrange the exact timing and duration of the leave.

43.2.7   The paid and unpaid parental leave entitlement up to a maximum of 104 weeks may be shared between partners assuming the role of primary care giver.

43.2.8   Parental leave may be taken concurrently by an employee and his or her partner for a maximum of two (2) weeks with the approval of the employer.

43.2.9   Where less than the standard parental leave is taken the unused portion of the period of paid or unpaid leave cannot be preserved in any way.

43.2.10   An employee may elect to receive pay in advance for the period of paid parental leave at the time the parental leave commences, or may elect to be paid the entitlement on a fortnightly basis over the period of the paid parental leave.

43.2.11   An employee is eligible, without resuming duty, for subsequent periods of parental leave in accordance with the provisions of this clause. For an employee to access a subsequent return to work bonus as per subclause 43.7, the employee is required to have returned to work for a minimum period of 12 months in accordance with subclause 43.7.4.

43.3.1   An employee employed on a second or subsequent research grant funded contract whose employment ceases because of the expiry of the contract and he/she resumes employment and the break in service is 6 weeks or less, the break in service will not be deemed to interupt their continuous service for the purpose of calculating eligibility for parental leave. If an employee receives a severance payment in accordance with Schedule C – Fixed Term Employment, of this Agreement these provisions will not apply.

43.4.1   An employee who is not a primary care giver shall be entitled to a period of paid or unpaid partner leave of up to 2 weeks at the time of the birth of a child/children to his or her partner. Partner leave can be taken as a minimum of 1 day at a time and up to 2 weeks in total. Partner leave is accessible from the date of birth and up to 3 months after the date of birth. To be entitled to paid partner leave the employee must have been employed by the University for 12 months or more at the time of birth. To be entitled to unpaid partner leave the employee must have been employed by the University for up to 12 months at the time of birth.

43.5.1   An employee shall provide the employer with a medical certificate from a registered medical practitioner naming the employee, or the employee’s partner confirming the pregnancy and the estimated date of birth

43.5.2   If the pregnancy results in other than a live child or the child dies in the weeks immediately after the birth, the entitlement to paid parental leave remains intact.

43.6.1   An employee seeking to adopt a child shall be entitled to two (2) days unpaid leave to attend interviews or examinations required for the adoption procedure. Employees working or residing outside the Perth metropolitan area are entitled to an additional day’s unpaid leave. The employee may take any paid leave entitlement in lieu of this leave.

43.6.2   If an application for parental leave has been granted for the adoption of a child, which does not eventuate, then the period of paid or unpaid parental leave is terminated. Employees may take any other paid leave entitlement in lieu of the terminated parental leave or return to work.

43.7.1   An employee who has continuous service of greater than 12 months but less than 5 years is entitled to 104 weeks leave, including 14 weeks paid parental leave, provided for at subclause 43.2.3 of this clause, plus a return to work bonus of up to the equivalent of an additional 12 weeks salary.

43.7.2   An employee who has continuous service of 5 years or more is entitled to 104 weeks, including 14 weeks paid parental leave, as provided for at subclause 43.2.3 of this clause, plus a return to work bonus of up to the equivalent of an additional 22 weeks salary.

43.7.3   The return to work bonus will be used to facilitate re-entry of the primary care giver into the workplace and could be used in any of the following ways:

43.7.4   An employee who applies to access the return to work bonus is required to enter into a written agreement with the University requiring him or her to:

43.7.5   Where an employee does not return to work for a minimum of 12 months, in accordance with subclause 43.7.4 above, the University is entitled to deduct the monies to be repaid from any outstanding entitlements that would be normally be paid on termination of employment. The University may also exercise its legal right to pursue the recovery of monies paid in accordance with subclause 43.7, where an employee has not fulfilled the requirements of an agreement under subclause 43.7.4. The recovery of a return to work bonus may be varied on compassionate grounds as determined by the Vice-Chancellor.

43.7.6   A return to work at a fraction equal to or greater than 50% of the fraction of employment the employee held prior to commencing parental leave will meet the requirements of a return to work under the clause. The Vice-Chancellor may approve a lesser fraction as meeting the requirements of a return to work.

43.8.1   An employee proceeding on unpaid parental leave may elect to substitute any part of that leave with accrued annual leave or long service leave for the whole or part of the period of unpaid parental leave. The aggregate of leave entitlements shall be no more than 104 weeks.

43.8.2   Where all other leave entitlements have been exhausted, an employee may apply for leave without pay following parental leave in accordance with the relevant clause in the Agreement. The employer’s approval is required for such an extension.

43.8.3   An employee on parental leave is not entitled to paid sick leave and other paid absences other than as specified in 43.8.1 and 43.8.4 and 43.8.5.

43.8.4   Should the birth or adoption result in other than the arrival of a living child, the employee shall be entitled to such period of paid sick leave or unpaid leave for a period certified as necessary by a registered medical practitioner. Such paid sick leave cannot be taken concurrently with paid parental leave.

43.8.5   Where a pregnant employee not on parental leave suffers illness related to the pregnancy or is required to undergo a pregnancy related medical procedure the employee may take any paid sick leave to which the employee is entitled or unpaid leave for a period as certified necessary by a registered medical practitioner.

43.9.1   The employee shall give not less than 10 weeks notice in writing to the employer of the date the employee proposes to commence paid or unpaid parental leave stating the period of leave to be taken.

43.9.2   An employee seeking to adopt a child shall not be in breach of subclause 1.4.1 by failing to give the required period of notice if such failure is due to the requirement of the adoption agency to accept earlier or later plcement of a child, or other compelling circumstances.

43.9.3   An employee proceeding on parental leave or other leave entitlements under this clause is required to give 6 weeks written notice of intention to reduce or extend the period of leave stated in the original application.

43.10.1   Where illness or risks arising out of pregnancy or hazards connected with the work assigned to the pregnant employee make it inadvisable for the employee to continue in her present duties, the duties shall be modified or the employee may be transferred to a safe position at the same classification level until the commencement of parental leave.

43.11.1   Prior to engaging a replacement employee the employer shall inform the person of the temporary nature of the employment and the entitlements relating to the return to work of the employee on parental leave.

43.12.1   An employee shall confirm the intention to return to work by notice in writing to the employer not less than 6 weeks prior to the expiration of parental leave. An application to resume duty within six weeks after the day on which the pregnancy terminates must be supported by a certificate from a registered medical practitioner, indicating that the employee is fit to resume duty. The early return to duty is subject to Faculty, School or Section convenience.

43.12.2   Where an employer has made a definite decision to introduce major changes that are likely to have a significant effect on the employee’s position the employer shall notify the employee while they are on parental leave.

43.12.3   An employee on return to work from parental leave will be entitled to the same position or a position equivalent in pay, conditions and status and commensurate with the employee’s skill and abilities as the substantive position held immediately prior to proceeding on parental leave. Where the employee was transferred to a safe job the employee is entitled to return to the position occupied immediately prior to transfer.

43.12.4   An employee may return on a part time or job-share basis to the substantive position occupied prior to the commencement of leave or to a different position at the same classification level. The duration of return to work on a part-time basis shall be negotiated between the Head and the employee. Return to work on a part-time basis is subject to Faculty, School or Section convenience and will be confirmed in writing by the Head.

43.12.5   Subject to the employer’s approval an employee who has returned on a part time basis may revert to full time work at the same classification level within two (2) years of the recommencement of work.

43.13.1   An employee employed for a fixed term contract shall have the same entitlement to parental leave, however the period of leave granted shall not extend beyond the term of that contract.

43.13.2   Paid parental leave will count as qualifying service for all purposes under this agreement. Absence on unpaid parental leave shall not break the continuity of service of employees but shall not be taken into account in calculating the period of service for any purpose under this Agreement.

43.13.3   An employee on parental leave may terminate employment at any time during the period of leave by written notice in accordance with the Agreement.

43.13.4   An employer shall not terminate the employment of an employee on the grounds of the employee’s application for parental leave or absence on parental leave but otherwise the rights of the employer in respect of termination of employment are not affected.

43.14.1   Employees shall be permitted to undertake:

43.14.2   Occasional casual employment incidental to their substantive position with the University whilst on parental leave without pay

43.14.3   Fractional employment combined with paid leave to a maximum of 1 full-time equivalent

43.15.1   Part-time employees shall be entitled to the provisions of this clause in accordance with clause 15 – Part Time Working Arrangements of this agreement.

43.16.1   The provisions of this clause shall not apply to casual employees.