Leave - Parental/Partner's

Leave - Parental/Partner's

SUMMARY

The Parental / Partner's Leave Policy establishes the University's commitment to the availability of parental leave and partner’s leave in respect of the birth, adoption or fostering of a child by a staff member or their partner where they are responsible for the care of the child.

The Procedure establishes the steps associated with accessing Parental / Partner's Leave.

POLICY

PurposeTo detail the principles related to parental and partner’s leave entitlements.

Overview

In order to assist staff members to achieve greater integration between work and personal life, the University provides parental leave and partner’s leave in respect of the birth, adoption or fostering of a child by the staff member or their partner where they are responsible for the care of the child.

DEFINITIONS
Child: a biological, adopted, fostered, or step child.

Defacto: a person who, although not legally married to the staff member,    lives with them in a relationship as a couple on a genuine domestic basis. Former de facto partners are also included.

Concessional days: the three days paid leave granted to University Staff following Boxing Day and before New Year’s Day.

Scope

This policy applies to staff employed at Macquarie University.

Parental Leave applies to staff on the following basis:
  • paid parental leave - all continuing, fixed-term and long-term casual staff members with an ongoing expectation of employment (as defined in the Macquarie University Enterprise Agreement)
  • unpaid parental leave - all continuing, fixed-term and long-term casual staff members

Partner’s leave applies to all continuing and fixed-term staff members.

This policy includes defacto and same-sex defacto relationships.

Policy

ELIGIBILITY AND ENTITLEMENT
The eligibility criteria and entitlements to parental and partner’s leave are prescribed in the Macquarie University Enterprise Agreement and this policy.

PAID    PARENTAL LEAVE
Full-time staff members will be entitled to 14 weeks of paid parental leave upon commencement of employment.

Full-time staff members who have completed more than one year of continuous service (as defined in the Macquarie University Enterprise Agreement) will be entitled to an additional 12 weeks of paid parental leave.

Part-time staff members will be entitled to paid parental leave on a proportional basis of the full-time entitlement.

Eligible long-term casual staff members will be entitled to paid parental leave on a proportional basis of the    full-time entitlement. The rate and hours will be calculated by using the average for the 12 month period directly before the parental leave period commences.

Payment of parental leave may be requested on a normal fortnightly basis at full pay or half pay or a combination of both.

Staff members (excluding long-term casuals) who return to work within the 26 week period of paid parental leave may bank the difference. This leave can be used, with the agreement of the Executive    Dean/Head of Office, up to the child’s second birthday.

Fixed-term contract staff members whose contract and employment ends before the paid parental leave finishes, will be    paid the remainder of their entitlement as a lump sum payment, together with    their final payment.

Where a staff member’s partner is employed by the University, paid leave may be shared up to a total of 26 weeks.

Where a staff member has taken partner’s leave at the time of birth or adoption, the staff member’s parental leave entitlement    will be reduced by that amount.

UNPAID    PARENTAL LEAVE
All eligible continuing, fixed-term and long-term casual staff members will be entitled to unpaid parental leave up to the child’s second birthday.

PARTNER’S    LEAVE
A full-time staff member whose partner is pregnant will be entitled to a maximum of four weeks paid partner’s leave at the time of the birth or adoption of the child.

A full-time staff member will be entitled to an additional four weeks of unpaid partner’s leave.

Part-time staff members will be entitled to paid partner’s leave on a proportional basis.

PUBLIC HOLIDAYS AND CONCESSIONAL DAYS
Public holidays will be paid where they fall within a period of approved paid parental/partner’s leave. They will not    be paid during unpaid parental/partner’s leave.

Concessional days which fall during a staff member’s paid parental/partner’s leave, are counted as parental/partner’s leave. They will    not be paid during unpaid parental/partner’s leave.

NOTIFICATION
A staff member who wishes to access parental or partner’s leave is required to provide written notification and    supporting documentation as described in the Parental / Partner’s Leave Procedure (see tab above).

LEAVE BEFORE PARENTAL OR PARTNER’S LEAVE
A staff member who is pregnant or, whose partner is pregnant, may access two days of paid personal leave for the    purpose of attending routine medical appointments or pre-natal classes held    during working hours.

WORK DURING PREGNANCY
Where illness or risks arising out of    pregnancy occur in a staff member’s substantive role, the staff member may be    transferred to a safe position at the same classification level until the commencement of parental leave.

Parental leave taken will be paid at the rate and hours of the substantive position.

PREMATURE BIRTH
If the child is born prematurely, the staff member will be eligible to commence parental or partner’s leave from the date    of birth. In this circumstance, previous leave arrangements will be negated    and the staff member will be required to submit a revised leave application    at the earliest possible time.

STILL BIRTH, DEATH OF CHILD OR MISCARRIAGE
In the event of a miscarriage, still birth or early infant death, the staff member may access available personal leave and leave without pay for the absence.

CHANGES WHILE ON LEAVE
A staff member may change the period of leave or any part-time arrangement once without the consent of the Executive Dean/Head    of Office, and any number of times with the consent of the Executive Dean/Head of Office, subject to meeting the minimum notice requirements.

CONTINUITY OF SERVICE
Paid Leave
All paid leave will count as service for the purpose of leave accrual, length of service and incremental progression.

Where a staff member is granted parental leave on half pay, annual and personal leave will accrue at the proportionate rate of the entitlement during that period.

Unpaid    Leave
Parental leave without pay will count as service for incremental progression purposes.

Parental leave without pay will be treated in the same way as leave without pay for the purposes of calculating long service leave, namely:
  • when a period (or periods) of leave without pay exceeds in aggregate 15 working days for full-time staff members (pro-rata for part-time staff members), the increment date will be advanced by a period equivalent to the whole period of leave without pay
  • when a period (or periods) of leave without pay exceeds in aggregate 15 working days for full-time staff members (pro-rata for part-time staff members) in any calendar year, the period of absence from duty will not be counted as service for the accrual of annual leave in that period. Entitlements to annual leave loading will be adjusted in the same way
  • when a period (or periods) of leave without pay exceeds an aggregate of six months, the excess over six months will not be counted as service in determining the total service for long service leave purposes.

RETURN TO WORK AND RIGHT OF RETURN AFTER PARENTAL LEAVE
A staff member may not return to work within the six week period directly after giving birth.

A staff member may make a request for  flexible work arrangements in accordance with the Flexible Work Clause in the  relevant Macquarie University Enterprise Agreement.

A staff member may take long service and/or annual leave to make up the difference between the approved part-time hours and their substantive hours.

A staff member has the right to their former position if they resume duty within a period up to the child’s second    birthday, except where the University initiates a managing change process during the staff member’s absence. In these cases, the University will contact the staff member with respect to any possible impacts that the changes may have on the staff member’s current position. The provisions outlined under Schedule 4 of the Macquarie University Enterprise Agreement will apply.

If a staff member’s former position no longer exists, the staff member is entitled to return to an available position for which they are qualified and suited that is nearest in status and pay to their previous position.

Nursing mothers will be provided the opportunity to take additional breaks for expressing and storing breast milk and to breast feed if the child is in nearby care.

COMPLIANCE AND BREACHES
The University may commence applicable disciplinary procedures if a person to whom this Policy applies breaches this Policy (or any of its related procedures).

Policy Information

Contact OfficerManager, Employee Relations, Human Resources
Date Approved26 April 2011
Approval AuthorityDirector, Human Resources
Date of Commencement26 April 2011
Amendment HistoryDecember 2013 – Added link to Breastfeeding on Campus Staff Guideline
October 2011 - Updated to incorporate the requirements of the Macquarie University Enterprise Agreement 2010 and the Macquarie University Academic Staff Enterprise Agreement 2011; inclusion of compliance and breaches statement
April 2011 – Updated to differentiate the treatment of public holidays and concessional days
Date for Next ReviewApril 2014
Related Documents

Macquarie    University Enterprise Agreement
Parental/Partner’s Leave Procedure (see tab above)
Breastfeeding on Campus Staff Guideline

Fair    Work Act, 2009 (Cwlth)
Policies / Rules Superseded by this PolicyParental/Partner’s Leave Policy approved 29 August 2006
KeywordsParental, Partner’s, Transfer, Safe Work, Pregnancy, Premature, Still Birth, Death, Miscarriage, Eligibility, Entitlement, Continuity, Return to Work, Right of Return

Asset ID = 423099

PROCEDURE

PurposeTo detail the steps and responsibilities associated with accessing parental and partner’s leave.

Procedure

This procedure requires actions by the following:

Staff Member

NOTIFY
Notify the Executive Dean/Head of Office, in writing, of your wish to take parental leave, giving at least:
  • two weeks notice of parental leave for adoption
  • 10 weeks notice of the estimated date of birth
  • four weeks notice of the first 12 month period of parental leave
  • four weeks notice of an additional 12 month period of parental leave
  • six weeks notice of the date of return from parental leave
  • four weeks notice of the choice to use and parental leave banked after return to the work place

Where partner’s leave is sought, notify    the Executive Dean/Head of Office, in writing, providing reasonable notice to    enable necessary arrangements to be made.

Supporting Documentation
Provide notices with supporting medical certificates, indicating:
  • the anticipated date of birth, or
  • satisfactory evidence of the date on which a new child will be taken into care for adoption
A Certification of Birth and Statutory Declaration may also be required.

Executive Dean / Head of Office

REVIEW APPLICATION
Review the parental/partner’s leave application, including the supporting documentation, to ensure accuracy and consistency with University policy.

In consultation with the staff member, resolve any problems identified in the application.

Approve the completed application and submit to Human Resources (HR).

Human
Resources Officer

PROCESS APPROVAL
Review the application to ensure accuracy and consistency with University policy.

Refer any problems identified in the application to the Executive Dean/Head of Office for resolution, in consultation with the staff member.

Process the parental/partner’s leave application and maintain records for reporting and compliance purposes.

Procedure Information

Contact OfficerManager, Employee Relations, Human Resources Section
Date Approved26 April 2011
Approval AuthorityDirector, Human Resources
Date of Commencement26 April 2011
Amendment History

9 December 2013 – added link to Breastfeeding on Campus Staff Guideline
26 April 2011 – regular three year review
September 2009 – Alignment with University Policy Framework

Date for Next ReviewAugust 2014
Related DocumentsMacquarie  University Enterprise Agreement
Parental Leave Policy (see tab above)
Breastfeeding on Campus Staff Guideline
KeywordsParental, Partner’s, Notification, Supporting Documentation, Changes while on Leave

Asset ID = 423099

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