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Contact Officer | Manager, Policy and Workplace Relations |
Approval Date | 27/10/2010 |
Approval Authority | Vice-Chancellor |
Date of Next Review | 01/11/2014 |
6.6.1 Application
6.6.2 Definitions
6.6.3 Parental leave
6.6.4 Maternity, primary carer parental, and/or unpaid parental leave
6.6.5 Partner leave, primary carer parental leave and/or unpaid parental leave
6.6.6 Adoption leave
6.6.7 Parental leave for casual professional and sessional academic staff
6.6.8 General conditions of parental leave
6.6.9 Returning to work
Related Documents
Modification History
6.6.1 Application
This policy applies to academic and professional staff.
Provisions for parental leave for senior staff are detailed in the
QUT Employee Collective Agreement (Senior Staff) 2009-2012.
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6.6.2 Definitions
“Adoption leave” means leave taken in association with the placement of a child with the staff member for adoption.
“Maternity leave” means leave taken in association with the staff member giving birth to a child.
“Partner” means spouse (including a former spouse, de facto spouse, former de facto spouse, same sex partner and former same sex partner) of the person who gives birth or, in the case of adoption leave, of the person who is nominated as the primary carer.
“Partner leave” means leave taken by staff in association with their spouse or de facto partner giving birth to, or adopting a child.
“Primary carer parental leave” means leave taken where the staff member has or will have primary responsibility for the care of their own, or their spouse’s new born child.
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6.6.3 Parental leave
Parental leave includes paid and unpaid leave associated with the birth of a staff member’s child or placement of a child with the staff member, comprising maternity leave, partner leave, primary carer parental leave, and adoption leave.
Parental leave, excluding partner and primary carer parental leave, must commence before the medically certified expected date of birth, date of adoption or commencement of a long-term fostering or guardianship arrangement.
Parental leave must be completed within two years after the actual date of birth, adoption or commencement of the long-term fostering or guardianship arrangement. A staff member may initially apply for a maximum period of 52 weeks parental leave, although this may be extended for a further period of up to 52 weeks.
Parental leave will normally be available as one continuous period. Shorter, non-continuous periods of leave may be available in special circumstances at the discretion of the authorising officer.
The University will not refuse employment or dismiss a staff member, or take any other action that disadvantages a staff member on the grounds of pregnancy, possible pregnancy, a request for parental leave, or a possible request for parental leave.
Federal Government Paid Parental Leave Scheme
A staff member may be entitled to access the Federal Government Paid Parental Leave Scheme which is separate to the University’s parental leave entitlements as outlined in this policy..
As such, if a staff member is accessing the Federal Government Paid Parental Leave Scheme, they are not restricted from also accessing parental leave at QUT. For further information regarding the Federal Government’s scheme, please contact the Family Assistance Office.
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6.6.4 Maternity, primary carer, and/or unpaid parental leave
A staff member (excluding casual professional and sessional academic staff) who gives birth to a child is eligible for parental leave in the form of paid maternity leave, paid primary carer parental leave, and/or unpaid parental leave as follows:
Continuous Prior Service |
Paid Leave Entitlement |
Unpaid Leave Entitlement |
12 months |
26 weeks paid parental leave comprising:
- 12 weeks paid maternity leave
- 14 weeks paid primary carer parental leave
|
52 weeks less any period of paid leave taken. |
Between 9 and 12 months |
12 weeks paid parental leave comprising:
- 6 weeks paid maternity leave
- 6 weeks paid primary carer parental leave
|
52 weeks less any period of paid leave taken. |
Less than 9 months |
nil |
52 weeks less any period of paid leave taken |
Staff employed on a part-time basis are eligible for parental leave paid on a proportional basis.
(a) Application for leave under this provision
A staff member will discuss with their supervisor at least 12 weeks in advance of their intention to take paid and/or unpaid parental leave The supervisor will inform the authorising officer of the staff member's intention to take parental leave.
An application must be submitted no later than six weeks prior to the intended date of commencing parental leave.
Upon approval from the authorising officer the staff member will submit medical documentation to the Human Resources Department for processing.
(b) Commencement of leave under this provision
A staff member may commence parental leave at any stage of her pregnancy subject to the medically certified expected date of birth being included in the period of paid leave and the leave being taken in one continuous period.
(c) Minimum period of parental leave
Staff on parental leave are normally required to remain absent for a minimum period of six weeks after the actual date of birth. If a medical certificate of fitness is provided, the staff member may return to duty earlier than six weeks after the birth.
(d) Other leave
It is not intended that sick / carer’s leave will be used to duplicate, replace or extend parental leave. However, prior to taking parental leave, sick / carer’s leave, personal leave or recreation leave can be used for medical appointments or illness directly related to the pregnancy.
(e) Transfer to suitable position
Where a staff member is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the staff member make it inadvisable for the staff member to continue at her present work, the staff member will, if the authorising officer deems it practicable, be transferred to a suitable position at the same rate of pay and on the same conditions until the commencement of parental leave.
If the transfer to a suitable position is not practicable the staff member may elect to commence parental leave.
(f) Special circumstances for paid maternity leave
After 20 weeks of pregnancy have elapsed, the staff member shall be entitled to 12 weeks paid maternity leave (if the staff member is entitled to paid leave) regardless of the outcome of the pregnancy, for example, if a pregnancy terminates by miscarriage or still birth. If a pregnancy terminates before 20 weeks, the staff member can use other leave credits such as personal leave, sick / carer’s leave and/or recreation leave.
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6.6.5 Partner leave, primary carer parental leave and/or unpaid parental leave
A staff member (excluding casual professional and sessional academic staff) whose partner gives birth to a child is eligible for parental leave in the form of paid partner leave, paid primary carer parental leave, and/or unpaid parental leave, subject to the following:
| Continuous Prior Service |
Paid Leave Entitlement |
Unpaid Leave Entitlement |
12 months |
16 weeks paid parental leave comprising:
- 10 days paid partner leave
- 14 weeks paid primary carer parental leave
|
52 weeks less any period of paid leave taken, if the primary carer. |
Between 9 and 12 months |
Paid parental leave comprising:
- 5 days paid partner leave
- 6 weeks paid primary carer parental leave
|
52 weeks less any period of paid leave taken, if the primary carer. |
Less than 9 months |
nil |
52 weeks less any period of paid leave taken, if the primary carer. |
Staff employed on a part-time basis are eligible for parental leave paid on a proportional basis.
(a) Partner Leave
Partner leave refers to short-term leave to be taken at the time of the birth of a child or adoption of a child,
Paid partner leave may be taken in separate periods of not less than one day at a time, unless otherwise agreed between the supervisor and staff member. The University recognises flexibility may be required when staff members are accessing partner leave at the time of the date of birth of the child; as such alternative arrangements may be mutually agreed in writing between the staff member and the Authorising Officer.
(b) Primary Carer Parental Leave
Primary carer parental leave is only available to a staff member if they take on the primary care giver role, as evidenced through a Statutory Declaration.
Primary carer parental leave entitlement is reduced by any paid parental leave in excess of 12 weeks (excluding Federal Government Paid Parental Leave) accessed by their partner who is not a QUT staff member.
(c) Unpaid parental leave
In addition to paid partner and primary carer parental leave, staff who become the primary carer of a new child are entitled to unpaid parental leave so that the total period of leave is no more than 52 weeks.
(d) Application for leave under this provision
A staff member will discuss with their supervisor at least 12 weeks in advance of their intention to take parental leave. The supervisor will inform the authorising officer of the staff member's intention to take parental leave.
An application must be submitted no later than six weeks prior to the intended date of commencing parental leave.
Upon approval from the authorising officer the staff member must submit medical documentation to the Human Resources Department for processing.
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6.6.6 Adoption leave
Adoption leave is granted to eligible staff who become the primary carer for a new child and comprises both paid leave and unpaid leave.
| Continuous Prior Service |
Paid Leave Entitlement |
Unpaid Leave Entitlement |
12 months |
26 weeks paid adoption leave |
52 weeks less any period of paid leave taken. |
Between 9 and 12 months |
12 weeks paid adoption leave |
52 weeks less any period of paid leave taken. |
Less than 9 months |
Nil |
52 weeks |
Eligible staff (excluding casual professional and sessional academic staff) are entitled to either paid adoption leave or partner leave, and unpaid parental leave, consistent with B/6.6.4 and B/6.6.5 above. Upon successful adoption, this leave may be used for any event directly related to the placement of the child.
Where the placement of a child for adoption with a staff member does not proceed or continue, the staff member will notify the University immediately and the University will nominate a time not exceeding four weeks from receipt of notification for the staff member's return to work.
(a) Application for leave under this provision
A staff member will discuss with their supervisor at least 12 weeks in advance of their intention to take parental leave. The supervisor will inform the authorising officer of the staff member's intention to take parental leave.
An application must be submitted no later than six weeks prior to the intended date of commencing parental leave.
Upon approval from the authorising officer the staff member must submit other documentation, as necessary, to the Human Resources Department for processing.
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6.6.7 Parental leave for casual professional and sessional academic staff
An eligible casual or sessional staff member is entitled to a total of 52 weeks unpaid parental leave. An eligible casual or sessional staff member means a casual professional or sessional academic employed on a regular and systematic basis for a continuous period of employment for the period of at least 12 months prior to commencement of unpaid parental leave.
A staff member will discuss with their supervisor at least 12 weeks in advance of their intention to take unpaid parental leave.
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6.6.8 General conditions of parental leave
(a) Method of payment
The salary received for paid parental leave is the normal salary paid to the staff member immediately prior to the commencement of leave in accordance with paragraph 6.6.8(b). This excludes higher duties allowance.
A staff member may elect to take the paid portion of parental leave (excluding paid partner leave) as fortnightly pay (on full or half pay).
All leave accruals during a period of paid leave at half pay will be calculated on a proportional basis.
(b) Calculation of paid parental leave
The calculation of paid parental leave, excluding paid partner leave, is as follows:
| Category of staff |
Calculation of entitlement |
Staff whose fraction of employment has not changed and who have not taken any approved leave without pay in the year prior to taking paid parental leave |
The staff member's salary (full-time or part-time) at the rate applicable on the last pay period immediately prior to commencing paid parental leave |
Staff who, in the year prior to taking paid parental leave:
- worked different hours either due to a mix of full-time and part-time service or different part-time appointments, or
- took a period of approved leave without pay (refer B/6.6.8(c)) exceeding 10 working days
|
The staff member’s average service fraction at the rate applicable on the last pay period immediately prior to commencing paid parental leave.
The average service fraction is expressed in equivalent full-time months of paid service for the 12 month period prior to commencing paid parental leave.
For example, a staff member in the 12 months prior to commencing paid parental leave was employed for four months on a full-time basis and eight months on a 50% part-time basis. The actual service is equivalent to eight months full-time, therefore the staff member will receive paid parental leave at 0.66 of the full-time salary.
For example, a full-time staff member in the 12 months prior to commencing a subsequent period of parental leave was on parental leave without pay for six months and parental leave at half pay for 6 months (ie. 50%). The actual service is equivalent to three months full-time, therefore the staff member will receive paid parental leave at 0.25 of the full-time salary.
This does not apply to staff who have been required to change their mode of employment (full-time or part-time) due to a medical condition directly related to their pregnancy as diagnosed by a duly qualified medical practitioner. |
(c) General conditions
If a staff member applies for a period of paid or unpaid parental leave for a subsequent new child whilst already on unpaid parental leave, the new period of leave supersedes the initial period of leave granted and will not be in addition to that leave.
In extenuating circumstances, alternative arrangements may be mutually agreed upon in writing between the staff member, the Human Resources Director and the authorising officer concerned.
A public holiday that falls within the staff member's paid portion of leave will be paid in addition to the period of paid parental leave.
Where a staff member's increment date falls during a period of unpaid parental leave and for unpaid leave in excess of one month, the increment date will be changed by the total period of unpaid leave.
Long service leave, recreation leave and sick / carer’s leave will only accrue for the first 10 working days of unpaid parental leave.
The University is not required to extend a fixed-term or casual appointment solely by reason of a period of paid or unpaid parental leave.
Eligible staff may apply for all or part of accrued recreation leave or long service leave to be taken in addition to or in place of parental leave. Sick / carer’s leave cannot be used during the period of unpaid parental leave or to duplicate, replace or extend that leave.
(d) Additional unpaid parental leave
A staff member who has accessed their full entitlement to parental leave (52 weeks) may apply to extend their period of unpaid leave up to a further, maximum period of, 52 weeks. The staff member is required to submit an application for extension no later than four weeks prior to commencement of the extension period of parental leave. The University may only refuse such an application on reasonable business grounds. Factors to take into account include, but are not limited to:
- the effect on the workplace of approving the request, including the financial impact of doing so and the impact on efficiency, productivity and service delivery;
- the ability to organise work among existing staff;
- the ability to recruit a replacement staff member; and
- the practicality or otherwise of the arrangements that may need to be put in place to accommodate the staff member‘s request.
(e) Limit on two QUT staff members who share the primary care of a new child
Where two QUT staff members, who have been employed by the University for a minimum of 12 months, share the primary care of a new child, the combined leave limit for both parents to share is 52 weeks of which 26 weeks is paid leave. For example, one staff member can opt to take the leave for a portion of the 26 weeks paid leave and the other staff member can take paid leave for the remaining portion of that leave.
(f) Subsequent periods of paid parental leave
A staff member is eligible to subsequent periods of parental leave in accordance with the eligibility criteria outlined within this policy. Parental leave is an individual entitlement and there is no restriction on the number of times a staff member may access paid and/or unpaid parental leave. Previous paid and/or unpaid parental leave is treated as continuous service for the purpose of determining eligibility for subsequent periods of paid/unpaid parental leave. The calculation of a paid parental leave entitlement is in accordance with 6.6.8(b).
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6.6.9 Returning to work
A staff member will notify their supervisor of their intention to return to work after a period of parental leave, at least four weeks prior to the expiration of the leave.
A staff member will be entitled to return to the position which they held immediately before commencing parental leave. In the case of a staff member transferred to a suitable position, pursuant to B/6.6.4(e) above, the staff member will be entitled to return to the position held immediately before such transfer. Where this position no longer exists but there are other positions available which the staff member is qualified for and capable of performing, the staff member will be entitled to a position as nearly comparable in status and pay to that of their former position.
The University will make every reasonable effort to provide flexible return to work options for staff members returning from parental leave, including part-time work. This may include part-time work for a period agreed between the staff member and supervisor, with the option for the staff member to revert to their former employment arrangement at the end of the agreed period.
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Related Documents
MOPP A/8.4 Equal opportunity
and diversity policy
MOPP A/8.8 Child care and family responsibilities
MOPP B/6.1 Staff leave
MOPP Appendix 3 – Schedule of Authorities and Delegations
QUT Enterprise Agreement (Academic
Staff)
QUT Enterprise Agreement (Professional
Staff)
QUT Employee Collective Agreement (Senior Staff) 2009-2012
Human Resources Department website - Parental Leave at QUT
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Modification History
|
Date |
Sections |
Source |
Details |
27.10.11 |
All |
Vice-Chancellor |
Periodic review - Policy revised |
20.08.08 |
B/6.6.3 |
Vice-Chancellor |
Revised policy to clarify maternity leave entitlement following a period of leave without pay |
|
17.11.05 |
All |
Vice-Chancellor |
New policy |
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|
