Parental Leave Procedure

Intent

To outline the process for applying for parental leave.

Scope

This Procedure applies to all Staff Members who are employed under the James Cook University (JCU; the University) Enterprise Agreement (the Agreement).

Definitions

Except as otherwise specified in this procedure, the meaning of terms used in this procedure are as per the Human Resources Policy Glossary or the Enterprise Agreement.

Initial Primary Care Giver – is the person who is the primary carer at the placement of an adopted child.

Primary Care Giver – is either parent, but for the purpose of this definition, not the Birth Parent.

Partner – the Partner of the Birth Parent, or Partner of the Initial Primary Care Giver.

Surrogate Staff Member - a Staff Member who is pregnant for the purpose of carrying a baby to term for another parent/s, including for adoption.

Birth Parent – a Staff Member who gives birth to the child.

Procedure

1.  Paid Maternity Leave

1.1 Staff Members (excluding casuals) who have at least 12 months continuous service at the University prior to the commencement of parental leave are entitled to paid parental leave.

1.2 Casual Staff Members who have at least 12 months continuous service at the University, and Staff Members who do not have 12 months continuous service at the University prior to the commencement of parental leave, are entitled to unpaid leave.

1.3 Period of Leave Less than 12 months:

1.3.1 Where the Birth Parent proposes to take up to and including 12 months leave from the workplace the Birth Parent is entitled to either:

a) Full-time Staff Mothers (other than casual) are entitled to up to 26 weeks continuous paid parental leave, commencing no later than the birth of the child (or 52 weeks on 50% of salary), or where a Staff Member is on a Fixed Term contract the entitlement to leave will cease on the day their Fixed Term contract expires; or

b) Up to 20 weeks continuous leave commencing no later than the birth of the child (or 40 weeks on 50% of salary) and 1 day per week of paid leave for the first 30 weeks after the Staff Member returns to work.

1.3.2 Part-time Staff Members are entitled to pro rata leave.

1.3.3 Unpaid leave (including flexible unpaid leave) will otherwise be provided under the Fair Work Act.

1.4 Period of Leave over 12 months:

1.4.1 Where the Birth Parent proposes to take more than 12 months leave from the workplace the Birth Parent is entitled to 26 weeks paid continuous leave from the date of the birth of the child. The 26 weeks may be taken on full pay, or 52 weeks on 50% of salary.

1.4.2 Unpaid leave (including flexible unpaid leave) will otherwise be provided under the Fair Work Act.

2. Miscarriage/Stillbirth, Death of a Child in the first 24 Months of Life

2.1 A Birth Parent is entitled to personal and carer’s leave and/or unpaid leave in the event a pregnancy not reaching 20 weeks gestation ends in miscarriage or stillbirth.

2.2 A Birth Parent is entitled to six weeks paid leave in the event of a pregnancy of at least 20 weeks ends in miscarriage or stillbirth. This also applies to multiple pregnancies where the Birth Parent loses a baby after 20 weeks.

2.3 In the event of stillbirth or the death of a child in the first 24 months of life, Staff Members may also access unpaid leave, provided under the Fair Work Act of up to 12 months. Staff may also be entitled to take Compassionate Leave.

3. Hospitalisation of Child/Children Immediately After Birth

3.1 Where a Staff Member is on unpaid parental leave and experiences a premature birth/s or other birth related complications, resulting in the newborn baby/babies having to stay in hospital or being hospitalised immediately after birth; they can request to pause their unpaid Parental Leave for this period. For this period the Staff Member may request to return to work and resume their parental leave at a later date. Where this occurs the period of unpaid leave will not be deducted from their total period of unpaid leave.

4. Adoption Leave

4.1 Staff Members who have adopted a child aged under 5 years are entitled to paid Adoption Leave.

4.2 Period of Leave Less than 12 months:

4.2.1 Where the parent who is the Initial Primary Care Giver proposes to take up to 12 months leave from the workplace the Initial Primary Care Giver is entitled to either:

a. Up to 26 weeks continuous paid Adoption Leave, taken no later than the placement of the child (or 52 weeks on 50% of salary); or

b. Up to 20 weeks continuous paid Adoption Leave taken no later than the placement of the child (or 40 weeks on 50% of salary) and 1 day per week of paid leave for the first 30 weeks after the Staff Member returns to work.

4.2.2 Unpaid leave will otherwise be provided under the Fair Work Act.

4.3 Period of Leave over 12 months:

4.3.1 Where the Initial Primary Care Giver proposes taking more than 12 months leave from the workplace the Initial Primary Care Giver is entitled to26 weeks paid continuous Adoption Leave from the placement of the child. The 26 weeks Adoption Leave may be taken on full pay or 52 weeks on 50% of salary.

4.3.2 Unpaid leave (including flexible unpaid leave) will otherwise be provided under the Fair Work Act.

4.4 Staff Members who have adopted a child aged between 5 and 16 years are entitled to unpaid Adoption Leave.

5. Paid Surrogacy Leave

5.1 Surrogate Staff Members are entitled to take up to 12 weeks paid Surrogacy Leave.

5.2 Paid Surrogacy Leave may commence up to 6 weeks prior to the expected birth of the child.

5.3 The entitlement to Paid Surrogacy Leave ceases 6 weeks after the birth of the child.

6. Paid Partner Leave

6.1 A partner is entitled to 20 days paid leave to be taken within the 7-week period which starts a week before the expected date of birth or placement (for a child under the age of 5) and concludes 6 weeks after the date of birth or placement.

6.2 Paid Partner Leave may occur simultaneously with Paid Parental Leave or Paid Adoption/Surrogacy Leave.

6.3 Unpaid leave will otherwise be provided under the Fair Work Act.

7. Change of Primary Care Giver Leave

7.1 Paid Parental Leave may be shared between Staff Members who are partners and both work at the University where:

a. Both Staff Members have 12 months continuous service at the date of commencement of parental or adoption leave; and

b. The Primary Caregiver responsibilities are shared.

7.2 Where a Staff Member and their Partner who is also a University Staff Member share the entitlement to paid Parental or Adoption Leave (up to 26 weeks), this will not reduce the entitlement to one week paid Partner Leave available to the Staff Member who is not the Birth Parent.

7.3 Where a Staff Member couple elect to share a period of Parental Leave (paid), the leave must:

a. For the couple, not exceed an aggregate of 26 weeks. A Staff Member’s entitlement to parental leave is reduced by any period of Parental Leave taken by their Partner in respect of birth or adoption of the same child. This excludes the period of 20 days Partner Leave.

b. The Staff Member and their partner must take the leave in a single unbroken period.

c. The first Staff Member must have commenced Parental Leave no later than the birth of the child or the placement of the child in the case of adoption.

d. Apart from the period of Paid Partner Leave, both parents must take leave in separate, continuous periods.

7.4 The partner who has become Primary Caregiver may apply to take a further 12 months leave without pay, extending the period of leave up until the child reaches the age of two in accordance with the Fair Work Act.

8. Transfer to a Safe Job

8.1 Where illness or risks arising out of pregnancy or hazards connected with the work make it inadvisable for a pregnant Staff Member to continue in her current position, and it is supported by appropriate medical evidence, the Staff Member will be entitled to be transferred to a safe job for the duration of the risk period that has:

a) the same ordinary hours of work as the Staff Members substantive position;

b) a different number of ordinary hours agreed to by the Staff Member; or

c) placed on paid Special Leave for the duration of the risk period, at the Staff Member’s base rate of pay for the ordinary hours of work in the risk period.

8.2 If the Staff Member’s pregnancy ends before the end of the risk period, the risk period ends when the pregnancy ends.

9. Consultation on Change While on Parental Leave

9.1 Where the University proposes to introduce major changes that are likely to impact on a Staff Member’s position while they are on Parental Leave the University will:

a) provide the Staff Member with information about the change; and

b) consult with the Staff Member regarding the impact of the proposed change on the Staff Member’s position in accordance with provisions of Clause 45 of the Agreement, Change Management and Consultation.

10. Keeping in Touch Days

10.1 Where agreement between the University and the Staff Member has been reached, a Staff Member may participate in up to 10 Keeping in Touch days, at any time after six weeks from the child’s date of birth or placement in accordance with the Fair Work Act.

10.2 The Staff Member will be paid at their ordinary hourly rate for this time. Keeping in Touch days will count as service for all purposes, extends the period of paid Parental Leave but does not extend the total period of Parental Leave.

10.3 A paid work activity of 1 hour or more on a day for the purpose of Keeping in Touch counts as 1 Keeping in Touch day, and counts towards the 10 day limit. A Keeping in Touch day should not exceed service fraction, i.e. 100% = 7.25 hour day.

10.4 Activities could include, but aren’t limited to:

• participating in a planning meeting;
• performing on the job training; or
• performing work to become familiar with the workplace or your role before returning to work.

10.5 Keeping in touch days cannot be used to perform normal work activities.

11.   Return to Work Following Parental Leave

11.1 Staff Members are guaranteed to return to work immediately following a period of Parental Leave entitling them to:

• Their pre-parental leave position; or
• If that position no longer exists, the University will manage the placement of the staff member in accordance with the provisions of Clause 46, Redeployment and Redundancy.

11.2 Full-time Staff are entitled to return to work on a part-time basis. A return to work on a part-time basis should not exceed two years from date of resuming duties. The Staff Member shall be entitled to return to the position held before commencing parental leave, by giving 8 weeks notice.

11.3 Staff Members are not able to return to work within 6 weeks of giving birth without medical clearance.

11.4 Any Staff Member returning to work following a period of parental leave, and who post-return are seeking to take the Australian Governments’ Flexible Paid Parental Leave or Dad and Partner pay, must take unpaid parental leave from JCU for this purpose.

12. Request for Flexible Work Arrangements

12.1 An eligible Staff Member, who has responsibility for the care of a child, may request a flexible working arrangement, including to work part-time. The University will consider the request taking into account the effect on the workplace and will only refuse the request on reasonable business grounds.

Related policy instruments

James Cook University Enterprise Agreement

Leave Procedure

Schedules/Appendices

Nil

Administration

Approval Details

Revision History