38. Parental leave

38.1. A staff member with 12 months’ continuous service, who is not a casual employee, shall be entitled to parental leave and career re-entry assistance in accordance with this clause.

38.2. A staff member with less than 12 months’ continuous service with the University, who is not a casual employee, may take up to 52 weeks’ absence including accrued annual and long service leave and/or unpaid parental leave.

38.3. A fixed term staff member will be entitled to parental leave and career re-entry assistance in accordance with this clause. Parental and career re-entry assistance will only be available within the fixed term contract period.

38.4. A casual staff member is entitled to 52 weeks’ unpaid parental leave if:

the staff member has been employed on a regular and systematic basis for a sequence of periods over at least 12 months; and
the staff member had a reasonable expectation of continuing work with the employer, had it not been for the actual or expected birth, placement or adoption of a child.

38.5. For the purpose of this clause:

Child means a child (or children from a multiple birth) born to a staff member or a staff member’s partner; or a child who is placed with a staff member through an adoption process, permanent foster care or legal guardianship.
Parental leave means an unbroken period of paid or unpaid parental leave following the birth or placement of a child. For the purposes of defining unbroken leave, this may include other leave types such as annual or long service leave.
Partner leave means leave taken by the partner of a birth mother, or one of two adoptive parents, permanent foster carers or legal guardians of a child.
Primary care giver means the child’s parent who has the dedicated responsibility for the day-to-day care of the child.
Partner includes a current or relevant former husband or wife, de facto partner or same sex partner.
Twelve months continuous service, for birth-related parental leave, is taken as at the date of birth or expected date of birth, and for placement-related parental leave (adoption, permanent foster care or legal guardianship), is taken as at the date of placement or expected date of placement.

Birth-related parental leave

38.6. A staff member who becomes pregnant is normally required to commence parental leave six weeks prior to the nominal expected birth of a child. A later commencement date is possible if the birth mother is declared fit for duty, which is s supported by a medical certificate.

38.7. A staff member who becomes pregnant is entitled to up to 52 weeks’ parental leave as set out in the following table:

Provision	Entitlement	Condition
Paid parental leave	26 weeks, on full or part pay	Eligibility and duration of paid parental leave is subject to clauses 38.1 and 38.3 above. After the first 14 weeks, paid parental leave may be shared between the birth mother and her employee partner provided that the employee partner is the primary caregiver of the child, and subject to providing declaration to the delegate in relation to eligibility. Where the leave is shared between employee parents, this will not increase the total paid parental leave entitlement.
Unpaid parental leave	The remainder of the 52 week entitlement which has not been taken as any form of paid parental leave, annual leave or long service leave.	Unpaid parental leave may be taken concurrently by employee couples, subject to providing a declaration to the delegate in relation to eligibility. Where employee parents take unpaid parental leave concurrently, this will not increase the total unpaid parental leave entitlement.

Placement-related parental leave

38.8. A staff member who adopts or undertakes permanent foster care or guardianship of a child, and is the legal parent and primary caregiver of that child, is entitled to up to 52 weeks’ parental leave as set out in the following table:

Provision	Entitlement	Condition
Paid parental leave	26 weeks to normally commence from date of placement of the child, on full or part pay.	Eligibility and duration of paid parental leave is subject to clauses 38.1 and 38.3 above. Earlier commencement is possible in circumstances where preparations are needed that require the staff member to be absent prior to the date of placement (for example, overseas travel to finalise the adoption process and collect/integrate the child). The child must at placement be less than five years of age, and must not be a step-child of the staff member or their partner. Paid parental leave may be shared between employee parents provided that the employee parent receiving the paid parental leave is the primary caregiver of the child, and subject to providing a declaration to the delegate in relation to eligibility. Where the leave is shared between employee parents it will not increase the total paid parental leave entitlement.
Unpaid parental leave	The remainder of the 52 week entitlement which has not been taken as any form of paid parental leave, annual leave or long service leave.	Unpaid parental leave may be taken concurrently by employee parents, subject to providing a declaration to the delegate in relation to eligibility. Where employee parents take leave concurrently, this will not increase the total unpaid leave entitlement.

Career re-entry assistance

38.9. In addition to parental leave entitlements above; a staff member is entitled to career re-entry assistance, as set out in the following table:

Provision	Entitlement	Condition
Career re-entry assistance	Up to the equivalent of six weeks’ pay to be used to assist with the staff member’s return to work following parental leave. Such assistance will be available to the staff member who has taken paid and/or unpaid parental leave to be the primary care giver to the child (by birth or adoption) irrespective of whether the staff member was the birth mother.	Available to a staff member to facilitate their return to work, which may be taken during or after the 52 week parental leave period and up to the child’s second birthday. Subject to agreement with the delegate and taking into account operational reasons of the area, the following assistance may be taken up by staff but is not limited to: six weeks’ paid leave taken in full or in agreed periods; agreed graduated return to work program; agreed staff development opportunities such as funding or time release for work related conferences or study; funding for maintaining or re-establishing staff member’s career; paid time release for facilitating care arrangements and/or for breastfeeding; or other career support activities or variations of leave up to the six weeks’ leave or the value of six weeks’ leave. Such requests will not be unreasonably refused. Paid career re-entry assistance may be shared between employee parents provided that the employee parent receiving the paid career re-entry assistance is the primary caregiver of the child, and subject to providing a declaration to the delegate in relation to eligibility. Where the career re-entry assistance is shared between employee parents it will not increase the total career re-entry assistance entitlement.

Provision

Entitlement

Condition

Career re-entry assistance

Up to the equivalent of six weeks’ pay to be used to assist with the staff member’s return to work following parental leave.

Such assistance will be available to the staff member who has taken paid and/or unpaid parental leave to be the primary care giver to the child (by birth or adoption) irrespective of whether the staff member was the birth mother.

Available to a staff member to facilitate their return to work, which may be taken during or after the 52 week parental leave period and up to the child’s second birthday.
Subject to agreement with the delegate and taking into account operational reasons of the area, the following assistance may be taken up by staff but is not limited to:
- six weeks’ paid leave taken in full or in agreed periods;
- agreed graduated return to work program;
- agreed staff development opportunities such as funding or time release for work related conferences or study;
- funding for maintaining or re-establishing staff member’s career;
- paid time release for facilitating care arrangements and/or for breastfeeding; or
- other career support activities or variations of leave up to the six weeks’ leave or the value of six weeks’ leave.
Such requests will not be unreasonably refused.
Paid career re-entry assistance may be shared between employee parents provided that the employee parent receiving the paid career re-entry assistance is the primary caregiver of the child, and subject to providing a declaration to the delegate in relation to eligibility.
Where the career re-entry assistance is shared between employee parents it will not increase the total career re-entry assistance entitlement.

Partner Leave

38.10. A staff member whose partner becomes pregnant, or becomes one of two adoptive parents, permanent foster carers or legal guardians of a child (but is not the primary care-giver of that child), is entitled to partner leave as set out in the following table:

Provision	Entitlement	Condition
Paid partner leave	15 working days (pro rata) to be taken within 12 months from the birth or placement of a child.	Partner of birth mother, or one of two adoptive parents, permanent foster carers or legal guardians (but is not primary caregiver of that child). Partner leave may be taken concurrently with any form of parental leave taken by the primary carer.
Unpaid partner leave	One week to commence immediately after paid partner leave

38.11. If a staff member assumes primary caregiver responsibilities of the child subsequent to the birth or placement, they are entitled to a continuous period of up to 12 months’ unpaid parental leave (less any other period of paid or unpaid parental or partner leave already taken under this provision) in accordance with the National Employment Standards.

Conditions for parental leave

38.12. Paid parental leave will be granted at the staff member’s substantive salary. Any temporary reduction in fraction associated with the pregnancy will be disregarded.

38.13. The University will make contributions to a staff member’s superannuation fund during paid parental leave where permitted by the superannuation scheme to which the staff member belongs.

38.14. If a staff member who becomes ill during a period of unpaid parental leave, and that illness is substantiated by a medical certificate, the staff member may take that period as personal leave provided in clause 36 (Personal leave).

38.15. A staff member may be eligible for personal leave to attend appointments associated with antenatal care, fertility treatment, surrogacy, pre-adoption or permanent foster care appointments prior to birth, adoption or placement, in accordance with the personal leave provisions under clause 36 (Personal leave).

Commencement of parental leave

38.16. A staff member shall advise the University at least ten weeks prior to their expected date of birth or the date on which they propose to commence leave and the date which they propose to return to work, as well as the specific leave arrangements. Appropriate certification relating to the birth or adoption of the child must be provided with this application.

Return to work after parental leave

38.17. A staff member will be entitled to return from parental leave to their substantive position, or an agreed part time position or an agreed alternative position. A request for return to part time hours will not be unreasonably refused.

38.18. A staff member shall confirm their intention to return to work by providing the University with at least four weeks’ written notice of their expected date of return.

38.19. The staff member may request to return to work, or the University may notify the staff member that they must return to work, where during parental leave the pregnancy ends without the birth of a live child or the child dies, the staff member ceases to be the primary caregiver or there is another material change in circumstances. Where the University requires a return to work, at least four weeks’ notice will be provided and notwithstanding this notice, any available parental leave may be used where a medical practitioner certifies it to be necessary. Where the staff member requests to return to work, this will be allowed within four weeks from receipt of notification.

Australian Paid Parental Leave Scheme

38.20. All entitlements under the Federal Governments Paid Parental Leave Scheme will be paid in addition to entitlements offered under this provision.

ANU EA 2017-2021

Leave and conditions

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