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Leave Provisions
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Section 3 - Leave Provisions
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35. Absence on Account of Illness, Injury or Caring
35.1 An employee shall be entitled to leave of absence in accordance with the provisions of this clause in the case of personal illness or injury or to supervise the convalescence of another person whose care is the responsibility of the employee.
35.1.1 An employee who is absent in accordance with this clause is required to notify his or her supervisor and shall as soon as possible thereafter make an application for leave to cover any absence from duty; otherwise the employee shall be treated as being absent without leave.
35.1.2 Leave of absence in accordance with paragraph 35.1 of this subclause may be granted by the Head for continuous periods of up to two months. In all other cases the application shall be referred to the Vice-Chancellor for decision.
35.2 For ongoing employees, leave in accordance with this clause will be calculated on the following cumulative basis:
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Leave on Full Pay |
| On date of appointment |
46.87 hours |
| On completion of six months’ service |
46.88 hours |
| On completion of twelve months’ service |
93.75 hours |
On completion of each additional
twelve months’ service |
93.75 hours |
35.3 An employee employed on a fixed term contract for a period of 12 months or more shall be credited with the same entitlement as an ongoing employee. An employee employed on a fixed term contract for a period of less than 12 months shall be credited with the same entitlement calculated on a pro rata basis for the period of the contract.
35.4 For part-time employees, entitlements and payments under this clause shall be calculated on a pro-rata basis according to the number of hours worked each fortnight.
35.5 An application for leave of absence where three or more consecutive working days are involved is to be supported by satisfactory medical evidence.
35.6 An employee who is unable to resume duty on the expiration of a period of approved leave needs to apply for a subsequent period of leave which is to be supported by a certificate from a registered medical or dental practitioner.
35.7 Debits for leave pursuant to this clause can be made on the basis of hours or part hours provided that all leave debited will be processed to the nearest 15 minutes and holidays occurring during the period of leave shall not be debited.
35.8 Where the Head has reasonable grounds to doubt an employee’s absences under this clause, they shall notify the Director of Human Resources who may require the employee to provide medical certificates for all future absences under this clause for a reasonable period of time, not exceeding 12 months. The period may subsequently be reviewed at the request of the employee.
35.9 Where an employee is ill—
35.9.1 for a period of at least five consecutive working days during annual recreation leave; or
35.9.2 for a period of at least ten consecutive working days during long service leave;
and produces as soon as possible thereafter medical evidence satisfactory to the Vice-Chancellor that the employee is or was as a result of illness medically unfit for work, the employee may, with the approval of the Vice-Chancellor, be granted, at a time convenient to the school/section, additional leave equivalent to the period during which the employee was so confined.
35.9.3 An employee who is duly absent on leave without pay is not eligible for leave of absence on account of illness or injury under this clause during the currency of that leave without pay.
35.10 No leave of absence on account of illness or injury shall be granted with pay if the illness or injury has been caused by the misconduct of the employee or in any case of absence from duty without sufficient cause.
35.11 The Vice-Chancellor may direct the employee to attend a medical practitioner for examination, or send a registered medical practitioner to attend on and examine the employee where:
35.11.1 the Head has reasonable doubt that the employee is absent due to illness
35.11.2 there is reason to doubt the fitness of the employee to be in the workplace either in relation to safety and well being of themselves or others in the workplace.
Any cost of such further certificate will be met by the University.
35.12 Where an employee who has been retired on medical grounds subsequently resumes duty, and where the break in service exceeds two weeks, the employee’s sick leave credit at the date of the employee’s retirement shall be reinstated.
35.12.1 Where an employee who has resigned is subsequently reappointed, the employee shall for the purposes of this clause be regarded as a new appointee as from the date of the employee’s reappointment.
35.13 The provisions of this clause shall not apply to casual employees.
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36. Annual Recreation Leave
36.1 Accrued leave is the leave that an employee is entitled to from a previous calendar year.
36.2 Pro rata leave is the proportion of leave that an employee is entitled to in the current calendar year, either from the date of commencement, or to the date of cessation.
36.3 An employee shall be entitled to recreation leave of 150 hours on full pay for each completed year of service. Entitlements to recreation leave are credited on a pro-rata basis of 5.77 hours per fortnightly pay period.
36.3.1 Employees’ may elect to access up to their full annual leave entitlement in advance subject to operational requirements. Should employees subsequently resign in the year after accessing their annual entitlement, they are then required to repay their overdrawn entitlements. The repayment is based on one third of a week’s pay at the ordinary rate of salary in respect of each completed month for the balance of the year. The University may deduct the amount of any such overdrawn entitlements from the employee’s final salary payment.
36.4 A part-time employee shall be granted annual recreation leave in accordance with this clause, however payment to a part-time employee proceeding on annual recreation leave shall be calculated having regard for any variations to the employee’s ordinary working hours during the accrual period.
36.5 An employee who, during an accrual period, was subject to variations in ordinary working hours or whose ordinary working hours during the accrual period are less than the employee’s ordinary working hours at the time of commencement of annual leave, may elect to take a lesser period of annual leave calculated by converting the average ordinary working hours during the accrual period to the equivalent ordinary hours at the time of commencement of annual leave.
36.6 The time during which an employee may take annual recreation leave shall in every case be such as is approved by the Head. Annual recreation leave will normally be taken in periods of at least 37.5 hours provided that the minimum period of leave that can be debited is one (1) hour.
36.7 Where the convenience of the school/section will be served thereby, the entitlement of an employee to annual leave for recreation may be allowed to accumulate -
36.7.1 with the written consent of the Head, for not exceeding three years’ entitlement; and
36.7.2 in very special circumstances and with the approval of the Vice-Chancellor on the recommendation of the Head of the Department, in excess of three years’ entitlement.
36.8 If after one month’s continuous service an employee resigns or the employee’s appointment is terminated through no fault of the employee, the employee shall be paid one third of one week’s pay at the ordinary rate of salary in respect of each completed month of continuous service.
36.8.1 Where an employee who has already taken annual recreation leave entitlement for the year, or part thereof, resigns or is dismissed for any reason, the employee shall refund the value of the unearned portion of such leave calculated on the basis of one third of a week’s pay at the ordinary rate of salary in respect of each completed month for the balance of the year.
36.8.2 An employee who resigns or whose appointment is terminated for any reason shall be paid the monetary equivalent of any annual recreation leave entitlement accrued in accordance with subclause 36.3 of this clause and standing to the employee’s credit at the date of the employee’s resignation or termination of appointment.
36.9 An annual recreation leave loading of an amount determined in accordance with subclause 36.9.1 shall accrue to an employee in respect of each entitlement of annual recreation leave.
36.9.1 The amount of the annual recreation leave loading shall be equal to either 17.5% of four weeks’ salary or the amount determined by the Australian Bureau of Statistics as the “average weekly earnings per male employed unit” in Australia for the September quarter immediately preceding the date the entitlement to leave became due, whichever is the lesser.
36.9.2 Payment of the annual leave recreation leave loading will be effected with a salary payment in November or December of each year. Employees are not entitled to elect payment of annual leave recreation loading at any other time and such payments will not be available.
36.9.3 Annual recreation leave accrued prior to 1st January, 1974 will not qualify for a loading, regardless of when the leave is taken.
36.9.4 An employee who resigns or whose appointment is terminated for reasons other than through no fault of the employee shall not be paid the annual recreation leave loading for any pro rata period of leave.
36.9.5 Where the provisions of subclause 36.8.1 of this clause apply and the employee has been paid pro rata annual recreation leave loading in accordance subclause 36.9.2 the employee shall also refund such pro rata leave loading payment.
36.10 Should any of the holidays referred to in clause 39 – Holidays and Christmas Closedown occur during the period an employee is absent on annual recreation leave a day in lieu of each holiday shall be added to the period of annual recreation leave, provided that no day shall be added where any of the prescribed holidays fall on a Saturday, Sunday or a holiday not observed by the University.
36.11 The provisions of this clause shall not apply to casual employees.
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37. Additional Leave Entitlements
The University will provide leave to staff with pay for the following reasons in accordance with the University’s policy. The provisions of this clause do not extend to casual employees.
| Purpose of Leave |
Eligibility |
Leave entitlement |
| Veteran’s Leave |
An employee with an illness caused by or related to war service as certified by the Department of Veteran’s Affairs and a registered medical practitioner. |
Leave of 112.5 hours on full pay per annum, accruing to a maximum of 337.5 hours as approved by the Vice Chancellor or nominee. |
| Time off for Study Purposes |
An employee enrolled as a part-time student in a course of study approved by the Head. |
- Paid leave to attend lectures, tutorials, practicals or laboratory sessions up to a maximum of five hours per week (including travelling time) during normal working hours; or a continuous period of up to two weeks offset against the maximum five hours per week approved by the Head; and
- Paid leave to sit for examinations conducted during normal working hours.
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| Paid Leave for English Language Training |
An employee from a non-English speaking background. |
Paid leave approved by the Head to undertake English training conducted by an approved and authorised Authority during normal working hours. |
| Jury Service |
An employee who is required to serve on a jury. |
Paid leave for such period as necessary for the employee to carry out the duties as a juror. An employee is not entitled to receive any jurors’ fee except for travel. |
| Leave for Training with Defence Force Reserves |
An employee who is a volunteer member of the Defence Force Reserves or the Cadet Force. |
Leave to attend a training camp, school, class or course of instruction. |
| Leave for International Sporting Events |
An employee chosen to represent Australia as a competitor or an official at a recognised international sporting event. |
Paid leave for the period of the competition plus reasonable travel time but not normally exceeding ten consecutive days. |
| Leave for Emergency Services |
An employee who is a volunteer member of:
- the State Emergency Service;
- St John Ambulance Brigade; or
- a Bush Fire Brigade.
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Paid leave for attendance at an emergency certified by the relevant voluntary organisation. |
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38. Employee Funded Extra Leave
38.1 Purchased Leave Scheme
38.1.1 The employer and the employee may enter into an arrangement where the employee can purchase up to six (6) weeks additional leave.
38.1.2 The employee can agree to take a reduced salary/wage spread over the fifty-two (52) weeks of the year and receive the following amounts of additional purchased leave:
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Number of paid weeks
(spread over 52 weeks) |
Number of weeks’ purchased leave |
| 38.1.2(a) |
46 weeks |
6 weeks |
| 38.1.2(b) |
47 weeks |
5 weeks |
| 38.1.2(c) |
48 weeks |
4 weeks |
| 38.1.2(d) |
49 weeks |
3 weeks |
| 38.1.2(e) |
50 weeks |
2 weeks |
| 38.1.2(f) |
51 weeks |
1 week |
38.2 Participation in the scheme is for a period of 12 months and is to be re negotiated annually (preferably at the beginning of the calendar year).
38.3 Purchased leave counts as service for all purposes.
38.4 All annual and purchased leave must be taken at mutually agreed times during the 12 month period, with the timing subject to approval. A record of the purchased leave shall be kept by the School or Faculty. Where an employee has been unable to take purchased leave, the employee’s salary/wage shall be adjusted at the expiry of the 12 month period in which the leave was to be taken.
38.5 The employer will assess each application for purchased leave on its merits and give consideration to the personal circumstances of the employee seeking the arrangement as well as to operational requirements.
38.6 Payment to an employee proceeding on annual leave, in excess of the current year’s entitlement, or long service leave shall be calculated on a pro rata basis having regard for any prior periods of full-time or part-time employment.
38.7 Sick leave or any other paid leave shall be paid at the reduced rate.
38.8 An employee who is required to work overtime shall be entitled to payment in accordance with the provisions of clause 24 – Overtime of this Agreement and such payment shall be based on the full-time rate of pay applicable to the classification of the position occupied.
38.9 During the period an employee participates in the scheme, their superannuation contributions will reduce to the level based on their actual salary for that year. Provided that if the employee wishes to maintain superannuation contributions at a notional full-time rate, they will be responsible for making the necessary arrangements and for maintaining both the notional full-time rate for the employee’s and the employer’s contribution.
38.10 Deferred Salary Scheme
38.10.1 An employee may apply to work within the parameters of the deferred salary scheme. There are three options available within the scheme:
(a) completing 4 years service paid at 80% of salary to obtain one year's leave also paid at 80% of salary
(b) completing 4½ years service paid at 90% of salary followed by six month’s leave paid at 90% of salary.
(c) completing 2 years service paid at 80% of salary followed by six months’ leave paid at 80% of salary
38.11 Employees are responsible for informing themselves of all implications of the deferred salary scheme before entering into such an arrangement.
38.12 The period of leave taken in accordance with this clause shall not constitute a break in service and shall count as service for all purposes. However the leave shall not count as service for salary increments.
38.13 An employee may elect to maintain superannuation contributions based on the full-time rate, or to alter contributions to the appropriate proportion of the new salary. An employee who elects to maintain contributions based on the full-time rate shall be responsible for paying the difference between the employer's proportional contribution and the employer's contribution based on the full-time rate.
38.14 An employee may withdraw in writing from this scheme prior to completing the required period of service, in which case a lump sum payment of salary foregone to that time will be made. The employee shall not be entitled to an equivalent absence from duty. Where it is no longer possible to offer the deferred salary scheme, the scheme will cease with effect from that date.
38.15 The following breaks in service will not be considered withdrawal from the scheme, but will be deemed to be non-participatory periods:
- secondments where the outside organisation pays;
- leave without pay;
- sick leave without pay greater than three months;
- parental leave.
Periods of non-participatory service will delay the commencement of the leave year by the length of that non-participatory period. Employees will be paid their normal salary during non-participatory periods.
38.16 Periods deemed to be participatory include:
- approved leave while in receipt of Workers' Compensation;
- sick leave without pay less than or equal to three months, with salary in the final year adjusted accordingly;
- long service leave;
- sick leave with pay;
- annual leave.
38.17 An employee may not work for the University during the period of leave provided under this sub-clause.
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39. Holidays and Christmas Closedown
39.1 Subject to the provisions of subclauses 39.1.1 and 39.1.2 of this clause the following days shall be observed as holidays. New Year’s Day, Australia Day, Labour Day, Good Friday, Easter Monday, Anzac Day, Foundation Day, Sovereign’s Birthday, Christmas Day, Boxing Day and such other days as may be declared State public holidays or University holidays. Provided that:
39.1.1 whenever Labour Day, Foundation Day or Sovereign’s Birthday fall on a day other than a Monday the next following Monday shall be the holiday instead of such day; and
39.1.2 such days will normally be taken as part of the Christmas closedown period. Where this is not possible then the days may be taken at some other time agreeable between the University and the employee.
39.2 If, in terms of Senate resolutions 273/60 and 139/64, any of the days stated in subclause 39.1 of this clause are not observed as holidays on the appointed day one day’s leave in lieu will be granted in each case subject to its normally being taken between the Christmas and New Year holidays or immediately following the New Year holidays. Provided that leave in lieu accrued under this clause can be cleared at an alternative time agreed to by the employee and the employer.
39.3 Notwithstanding the foregoing, and in accordance with subclause 24.2.5 (b) of this agreement, security officers shall be required to take one day's leave in lieu of each of Easter Tuesday and the special New Year's Day at a time mutually convenient and not necessarily during the Christmas closedown.
39.4 Where an employee has worked less than the required number of open public holidays to qualify for paid leave for the Christmas closedown, the employee shall take either annual leave, accrued time in lieu or leave without pay for the required number of days.
39.5 An employee who is required to work on an appointed holiday shall, subject to the provisions of clause 24.6, be paid or granted equivalent time off in lieu as prescribed in clause 24.8 for the time so worked.
39.6 By agreement between the University and the employees in the Perth International Arts Festival and employees involved in the administration of students the above arrangement may be varied to better meet the operational requirements of the specific area. The arrangements in other areas of the University may be varied by direct consultation and agreement between the University and the employee and, where they choose, their employee representative.
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40. Long Service Leave
40.1 Subject to the provisions of this clause, an employee who has completed a period of ten years’ continuous service in the employ of the University is entitled to 13 weeks' long service leave on full pay.
40.1.1 Provided that any employee employed prior to 19 April 1994:
(a) with an entitlement to accrue three months’ long service leave on the completion of seven years’ continuous service shall maintain this entitlement, however the three months will be replaced by an entitlement of 13 weeks;
(b) with an accrued entitlement of three months maintains that entitlement.
40.2 For each and every subsequent period of seven years’ continuous service an employee shall be entitled to an additional 13 weeks' long service leave on full pay.
40.3 An employee shall take long service leave accrued in accordance with subclauses 40.1 and 40.2 of this clause at any time within five (5) years of the leave becoming due at a time(s) mutually agreed.
40.3.1 Subject to 40.3.3, an employee who has not cleared long service leave within the 5 years as prescribed in 40.3 shall cease to accrue a further entitlement. Accrual of long service leave will resume once the employee has cleared part or all of the accrued entitlement.
40.3.2 In exceptional circumstances where operational requirements have prevented an employee taking long service leave within 5 years, the Vice-Chancellor may approve an extension up to two years
40.3.3 Subject to 40.3.1 above, if an employee has not been able to access long service leave within 5 years of accrual, the employee or the University may provide not less than 6 months notice for taking their long service leave.
40.4 Upon application by an employee, the Vice-Chancellor may approve of the taking by the employee -
40.4.1 of double the period of long service leave entitlement on half pay, in lieu of the period of long service leave entitlement on full pay; or
40.4.2 of half the period of long service leave entitlement on double pay, in lieu of the period of long service leave entitlement on full pay; or
40.4.3 of any portion of the employee's long service leave entitlement on full pay, or double such period on half pay or half such period on double pay; or
40.4.4 of pro-rata leave entitlement after seven years in the first qualifying period and each three and a half years of second and subsequent entitlements.
40.5 An employee who clears any pro-rata long service leave entitlement as provided for at subclause 40.4.4 of this clause shall not be liable to repay any monies representing pro-rata long service leave should the employee subsequently resign prior to the full entitlement accruing.
40.6 An employee who, during an accrual period, was subject to variations in ordinary working hours or whose ordinary working hours during the accrual period are less than the employee’s ordinary working hours at the time of commencement of long service leave, may elect to take a lesser period of long service leave calculated by converting the average ordinary working hours during the accrual period to the equivalent ordinary hours at the time of commencement of long service leave.
40.7 Any holiday occurring during the period in which an employee is on long service leave shall be treated as part of the long service leave and extra days in lieu thereof shall not be granted.
40.8 A lump sum payment for the monetary equivalent of a long service leave entitlement accrued in accordance with this clause and for any pro rata long service leave based on continuous service of a lesser period than that prescribed by this clause for a long service leave entitlement shall be made in the following cases.
40.8.1 To an employee who retires at or over the age of 55 years or who is retired on the grounds of ill health. Provided that no payment shall be made for pro rata long service leave unless the employee has completed not less than twelve months’ continuous service before the date of the employee’s retirement.
40.8.2 To an employee who, not having resigned, is retired for any other cause. Provided that no payment shall be made for pro rata long service leave unless the employee has completed not less than three years’ continuous service before the date of retirement.
40.8.3 To the estate of an employee or such other person as may be approved by the Vice-Chancellor, in the event of a death of an employee. Provided that no payment shall be made for pro rata long service leave unless the employee had completed not less than twelve months’ continuous service prior to the date of death.
40.8.4 An employee who resigns or whose appointment is terminated for any reason shall be paid the monetary equivalent of any long service leave entitlement accrued in accordance with subclause 40.1 or 40.2 of this clause and standing to the employee’s credit at the date of the employee’s resignation or termination of appointment.
40.9 A calculation of the amount due for long service leave accrued and for pro rata long service leave shall be made at the rate of salary of an employee at the date of retirement, resignation or death, whichever applies, and no such payment shall exceed the equivalent of twelve months’ salary.
40.10 The expression “continuous service” in this clause includes any period during which an employee is absent on full pay or part pay from his duties, but does not include:
40.10.1 any period exceeding two weeks during which the employee is absent on leave without pay;
40.10.2 any service of the employee who resigns or is dismissed, other than service prior to such resignation or to the date of any offence in respect of which the employee is dismissed when such prior service has actually entitled the employee to long service leave under this clause.
40.10.3 subject to paragraph 40.10.5 below, any period of service between the fifth anniversary date of the employee having accrued an entitlement to long service leave, or a deferred commencing date approved by the Vice-Chancellor pursuant to this clause, and the date on which the employee clears that entitlement;
40.10.4 any service by an employee between the date by which long service leave entitlements are required to be cleared pursuant to subclause 40.3 of this clause, or a deferred commencing date approved by the Vice-Chancellor pursuant to subclause 40.3 of this clause and the date on which the employee clears the entitlement required;
40.10.5 any service by an employee who has been granted a deferment for the taking of long service leave by the Vice-Chancellor because of impending retirement pursuant to subclause 40.3 of this clause between a deferred commencing date approved by the Vice-Chancellor and the date the employee retires or clears a full entitlement to long service leave if the employee does not retire on the date nominated;
40.10.6 any period of service that was taken into account in ascertaining the amount of a lump sum payment in lieu of long service leave.
40.11 The University will recognise service with other public universities and other public institutions where the institutions have reciprocal arrangements with the University.
40.12 The provisions of this clause shall not apply to casual employees
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41. Short/Compassionate/Bereavement/Ceremonial/Cultural Leave
41.1 For the purposes of this clause:
41.1.1 Short Leave is primarily for matters of a personal and pressing nature which arise without notice and require immediate attention.
41.1.2 Compassionate/Bereavement Leave provides leave at the time of death of a member of the employee’s immediate family or on other compassionate grounds such as providing support and care to another person whose care is the responsibility of the employee.
Immediate family covers:
(a) a spouse (including a former spouse, a defacto spouse, a former defacto spouse and same sex partner)
(b) a child or an adult child (including an adopted child, a step child or an ex nuptial child), parent, parent in law, foster parent, grandparent, grandchild or sibling of the employee.
(c) a relative, who lives with the employee in the same household.
41.1.3 Ceremonial/Cultural Leave provides leave for legitimate tribal/ceremonial purposes to meet the employee's customs, traditional law and participation in ceremonial activities.
41.2 The Head, or a senior employee duly authorised by the Head may, upon sufficient cause being shown, grant an employee employed in that school/section leave of absence not exceeding 15 consecutive hours, but any leave granted under the provisions of this clause shall not exceed, in aggregate, 22.5 hours in any one calendar year.
41.3 The minimum period of leave that can be taken is one (1) hour.
41.4 An employee employed on a fixed term contract of more than twelve months shall be eligible for leave in accordance with this clause, and an employee employed on a fixed term contract of less than twelve months shall be eligible for pro rata short leave in accordance with this clause.
41.5 Part-time employees are eligible for short leave in accordance with this clause, on a pro rata basis calculated in accordance with the following formula:
| hours worked per fortnight |
x |
22.5 hours |
| 75 |
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1 |
41.6 Leave in accordance with this clause that is granted for the purpose of providing care or support to another person whose care is the responsibility of the employee may be for a period of three (3) consecutive days.
41.7 Leave granted in accordance with this clause for the purpose of providing care or support to another person whose care is the responsibility of the employee may be approved in conjunction with any other leave that may be accessed for family responsibility purposes.
41.8 The provisions of this clause shall not apply to casual employees.
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42. Leave Without Pay
42.1 Subject to the provisions of subclause 42.2 of this clause, the Vice-Chancellor or nominee, on the recommendation of the Head, and by agreement with the employee, may grant an employee leave of absence without pay for a period not exceeding twelve (12) months in the first instance. For fixed term employees leave without pay will not be approved for any period which exceeds the term of the appointment.
42.2 Every application for leave without pay will be considered on its merits and may be granted provided that the following conditions are met:
42.2.1 the work of the school/section is not unduly inconvenienced; and
42.2.2 all other leave credits of the employee are exhausted provided that where the leave without pay is for the purposes of:
(a) providing care and support to another person whose care is the responsibility of the employee, the employee will not normally be required to exhaust all other leave credits; or
(b) accepting a secondment opportunity with another employer the employee will not normally be required to exhaust all other leave credits.
42.2.3 The minimum period of leave without pay that may be granted is one (1) day.
42.3 Any period that exceeds two weeks during which an employee is on leave of absence granted under this clause shall not, for any purpose, be regarded as part of the period of service of that employee unless the Senate, on the recommendation of the Vice-Chancellor, otherwise determines.
42.4 The provisions of this clause shall not apply to casual employees.
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43. Parental Leave
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43.1 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.
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43.2 Entitlement to Parental and Partner Leave
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:
(a) birth of a child to the employee or the employee’s partner; or
(b) adoption of a child who is not the birth child or the stepchild of the employee or the employee’s partner; is under the age of five (5); and has not lived continuously with the employee for six (6) months or longer.
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.
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43.3 Research Grant Funded Employees
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.
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43.4 Partner Leave
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.
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43.5 Birth of a child
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.
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43.6 Adoption of a child
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.
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43.7 Return to Work Bonus
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:
(a) to offset associated costs, such as childcare (allowance);
(b) working reduced hours (graduated return to work program);
(c) to re-establish an academic career (paid into an approved University account); or
(d) the employee may apply to access all or part of the return to work bonus prior to returning to work, as additional paid parental leave.
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:
(a) return to work for a minimum of (12) months following a period of parental leave; or
(b) repay all monies received or paid as the return to work bonus, where the employe has failed to return to work for a minimum of 12 months.
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.
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43.8 Other leave entitlements
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.
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43.9 Notice and Variation
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.
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43.10 Transfer to a Safe Job
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.
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43.11 Replacement Employee
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.
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43.12 Return to Work
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.
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43.13 Effect of Parental Leave on the Contract of Employment
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.
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43.14 Casual work whilst on Parental Leave
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
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43.15 Part-time employees
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43.16 Casual employees
43.16.1 The provisions of this clause shall not apply to casual employees.
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