PARENTAL LEAVE As at June 2014

What is it?  Form part of the National Employment Standards (NES)  Applies to all (eligible) employees  All employees with 12 months continuous service  includes Casuals – who have reasonable expectation of continued employment  Includes birth-related leave and adoption-related leave  Also provides for  Unpaid special maternity leave  Right to transfer to a safe job or take ‘no safe job leave’  Consultation requirements  A return to work guarantee  Unpaid pre-adoption leave

Rules...

Evidence  10 weeks written notice (Unpaid Parental Leave Request Form)  Specify the intended start and end dates of leave  At least four weeks before intended start date  Confirm intended start and end dates or advise changes  Where concurrent leave is to be taken in separate periods – same notice periods for first period, second and subsequent – 4 weeks notice  Employer may require evidence of expected date of birth (i.e. medical certificate) or placement of child under 16.

Other entitlements  Can extend for a further 12 months (unless member of employee couple and partner already taken leave  Employer may refuse only on reasonable business grounds must be in writing  Employee wants to work beyond 6 weeks prior to birth  Employer may request doctor’s certificate  May direct an employee to commence leave

Other entitlements  Stillbirth  Can reduce or cancel their period of leave  Written notice  May return to work within 4 weeks of giving notice  Leave ends immediately before the day they are specified to return to work  Unpaid special maternity leave  Not fit for work because or pregnancy related illness  Pregnancy ends – not in the birth of a living child, within 28 weeks of expected date of birth  Employer may require evidence (medical certificate)  Entitlement to unpaid parental leave is not reduced by the amount of unpaid special maternity leave taken

Other entitlements  Transfer to a safe job or ‘no safe job leave’  Entitled to be transfer to an ‘appropriate safe job’ Same hours or different no. of hours if agreed by employee  Employee to provide evidence that they are fit for work but inadvisable for the worker to continue in current role  Must be transferred – no change to conditions of employment  If no job – can take paid ‘no safe job leave’

Other entitlements  Return to work guarantee  Guaranteed to return to pre-parental leave position; or  If position no longer exists, an available position which they are qualified and suited – nearest in status and pay to pre- parental leave position  Before engaging an employee to perform the work of an employee on parental leave – employer required to notify the replacement employee Engagement is temporary Employee on leave has guarantee Rights of employee on leave in case of stillbirth or infant death or cease to have responsibility for the care of the child

Other entitlements  Consultation  Entitled to be kept informed re anything that will effect status, pay or location of pre-parental leave position  Keeping in touch days  When employee performs work on a day or part of a day while on parental leave  Purpose of work is to enable employee to keep in touch  Mutual consent  Not within 42 days of date of birth or placement  Employee has not already performed 10 days of work during period

Other entitlements  Unpaid pre-adoption leave  All employees (regardless of length of service) are entitled to up to 2 days unpaid pre-adoption leave o attend interviews etc  May be taken as single days or continuous  Employer may direct employee to take paid annual leave

Other entitlements  Paid Parental Leave Scheme  18 weeks pay (minimum wage)  Employee to lodge claim with Dept Human Services (DHS)  DHS provides payment to LLC  Employee paid through normal pay cycle  Dad and Partner Pay  Employee to lodge claim with DHS  Must be on unpaid leave from employer  2 weeks pay (minimum wage)