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B/6.6 Parental leave |
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6.6.1 Application 6.6.1 ApplicationThis policy applies to academic and professional staff. Provisions for parental leave for senior staff are detailed in the QUT Certified Agreement (Senior Staff) . 6.6.2 Parental leaveParental leave consists of maternity leave, adoption leave and partner leave. The maximum period of parental leave is 52 weeks. 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 or maternity leave, or a possible request for parental or maternity leave. 6.6.3 Maternity leaveMaternity leave is granted to eligible staff who give birth to a new child. Maternity leave is an individual entitlement and there is no restriction on the number of times a staff member may take maternity leave. Maternity leave can be made up of paid maternity leave and unpaid parental leave subject to a staff member's eligibility. (a) Paid maternity leave Eligible staff (excluding casual professional and sessional academic staff) with:
Staff with less than nine months prior service are not entitled to paid maternity leave. (b) Part-time staff Staff employed on a part-time basis are eligible for maternity leave paid on a proportional basis. (c) Unpaid leave In addition to paid maternity leave, staff who become the primary carer of a new child are entitled to unpaid parental leave so that the total period of parental leave is no more than 52 weeks. Staff who are not entitled to paid maternity leave are entitled to 52 weeks unpaid parental leave. (d) Method of payment - maternity leave The salary received for paid maternity leave is the normal salary paid to the staff member immediately prior to the commencement of maternity leave. This excludes higher duties allowance. A staff member may elect to take the paid portion of leave:
All leave accruals during a period of paid leave at half pay will be calculated on a proportional basis. (e) Application for maternity leave A staff member will notify their supervisor with at least 12 weeks written notice of their intention to take maternity leave. The supervisor will inform the authorising officer of the staff member's intention to take maternity leave. An application must be submitted no later than four weeks prior to the intended date of commencing maternity leave unless the staff member elects to take the paid portion as a lump sum, in which case six weeks notice is required. Upon approval from the authorising officer the staff member will submit medical documentation to the Human Resources Department for processing. (f) Commencement of leave A staff member may commence maternity leave at any stage of a 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. (g) Minimum period of leave Staff on maternity 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. (h) Other leave It is not intended that sick leave will be used to duplicate, replace or extend maternity leave. However, prior to taking maternity leave, sick leave, personal leave or recreation leave can be used for medical checkups or illness directly related to the pregnancy. (i) 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 maternity leave. If the transfer to a suitable position is not practicable the staff member may elect, or the authorising officer may require the staff member, to commence maternity leave. (j) Calculation of paid maternity leave The calculation of paid maternity leave is as follows:
(k) Special circumstances After 20 weeks of pregnancy have elapsed, the staff member shall be entitled to the 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 leave and/or recreation leave. 6.6.4 Partner leavePartner leave comprises both short-term paid leave to be taken at the time of the birth of a child or adoption of a child, and long-term unpaid leave for staff who become the primary carer for a new 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. (a) Paid leave Eligible staff are entitled to paid partner leave to care for a new child provided that the staff member is not entitled to paid maternity leave. Eligible staff (excluding casual professional and sessional academic staff) with:
Staff with less than nine months prior service are not entitled to paid partner leave. 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. (b) Unpaid leave In addition to paid partner 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. Staff who are not entitled to paid partner leave are entitled to 52 weeks unpaid parental leave. (c) Application for leave A staff member will notify their supervisor with at least four weeks written notice of their intention to take five days paid leave or at least 12 weeks' written notice of their intention to take unpaid leave. The supervisor will inform the authorising officer of the staff member's intention to take partner leave. An application must be submitted no later than four weeks prior to the intended date of commencing partner leave. Upon approval from the authorising officer the staff member must submit medical documentation to the Human Resources Department for processing.6.6.5 Adoption LeaveAdoption leave is granted to eligible staff who become the primary carer for a new child and comprises both paid leave and unpaid leave. For adoption, long-term fostering or guardianship in respect of a new child, eligible staff (excluding casual professional and sessional academic staff) are entitled to either paid maternity leave or partner leave, and unpaid parental leave, consistent with B/6.6.3 and B/6.6.4 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. 6.6.6 Parental leave for casual professional and sessional academic staffAn 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 parental leave. 6.6.7 General conditions of parental leave(a) Taking of unpaid parental leave Unpaid parental leave may commence before the medically certified date of birth, date of adoption or commencement of a long-term fostering or guardianship arrangement and must be completed within two years after the actual date of birth, adoption or commencement of the long-term fostering or guardianship arrangement. Parental leave will normally be available as one continuous period. Shorter periods of leave may be available in special circumstances at the discretion of the authorising officer. Unpaid parental leave is an individual entitlement and there is no restriction on the number of times a staff member may take such parental leave as the primary carer of a new child. (b) General conditions If a staff member applies for a period of paid maternity leave 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 leave will only accrue for the first 10 working days of unpaid parental leave. The University is not required to extend a fixed-term appointment solely by reason of a period of maternity leave 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 leave cannot be used during the period of unpaid parental leave or to duplicate, replace or extend that leave. Following a period of parental leave a staff member may apply for a further period of leave without pay (see B/6.5 ). If there is no break between the first period of parental leave and the second subsequent period of leave this will be referred to as an extension of parental leave. (c) Limit on two QUT staff members 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. 6.6.8 Returning to workA 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 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/6.6.3(i) 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 of the staff member reverting to their former employment arrangement at the end of the agreed period. Related Documents
MOPP A/8.4 Equal opportunity
and diversity policy Modification History
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