Parental Leave Procedure
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This Procedure has been established to detail 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.
Procedure
It is recommended that prior to submitting a request for leave under this procedure you seek advice from Human Resources by submitting a ServiceNow Request.
1. Paid Parental 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 Members (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 Once a Staff Member has commenced leave, they are unable to swap between the options outlined in 1.3.1 above.
1.3.3 Part-time Staff Members are entitled to pro rata leave, including where the Staff Member elects to take 1 day per week of paid leave for the first 30 weeks after the Staff Member returns to work.
1.3.4 Where a staff member changes their employment fraction, parental leave will be paid at the relevant employment fraction based on when the leave is taken.
1.3.5 Unpaid leave (including flexible unpaid leave) will otherwise be provided under the Fair Work Act.
1.4 Period of Leave more than 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 Part-time Staff Members are entitled to pro-rata leave.
1.4.3 Unpaid leave (including flexible unpaid leave) will otherwise be provided under the Fair Work Act.
Step | Action |
1. | Discuss the intended leave with your current Supervisor. |
2. | Apply for the leave using the Request for Parental Leave form at least 10 weeks prior to the commencement of leave. The application is to be approved by your current Supervisor and then submitted to the HR Remuneration Services team via Service Now. A medical certificate noting the expected date of birth is required to be submitted via Service Now. Any changes to the proposed start and end dates of the parental leave should occur no more than 4 weeks prior to the expected commencement of leave, or as soon as possible where notice cannot be provided (i.e. premature birth). If you give birth to the baby prior to the commencement of your paid parental leave, you will need to complete a new Request for Parental Leave form to bring your paid parental leave forward to the date of birth of the child. The Newborn Child Declaration form or the baby’s birth certificate must be submitted via Service Now within 6 weeks of the birth. |
3. | Should the Birth Parent wish to apply for a period of unpaid leave to extend their parental leave period (including flexible unpaid leave), an application for the further period of leave without pay should be submitted no later than 4 weeks prior to the end of the paid parental leave entitlement. The application is to be submitted on the Request for Parental Leave form and submitted to the HR Remuneration Services team via Service Now. The request for unpaid leave may be refused on reasonable business grounds. |
2. Miscarriage before 20 weeks gestation
2.1 A Birth Parent is entitled to 3 days paid compassionate leave, personal and carer’s leave and/or unpaid leave in the event a pregnancy not reaching 20 weeks’ gestation ends in miscarriage.
2.2 Part-time Staff Members are entitled to pro-rata leave.
2.3 Casual Staff Members will be entitled to unpaid leave (including flexible unpaid leave) provided under the Fair Work Act.
Step | Action |
1. | Discuss your circumstances and your leave requirements with your current Supervisor. Supporting documentation and/or medical evidence may be required.
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| 2. | Apply for the relevant leave in My HR Online in accordance with the Leave Procedure. |
3. Stillbirth
3.1 A Birth Parent is entitled to 3 days paid compassionate leave in the event a pregnancy of at least 20 weeks ends in stillbirth or termination. This entitlement applies in instances where a Birth Parent may be carrying multiple babies, and the pregnancy ends for one or more of the babies. A Birth Parent is entitled to this leave on each occasion that the pregnancy ends at 20 or more weeks gestation.
3.2 Where the Birth Parent would have been entitled to paid parental leave, they may access up to 26 weeks’ paid parental leave.
3.3 Staff Members are also able to access:
3.3.1 unpaid parental leave of up to 12 months under the Fair Work Act.
3.3.2 personal and carer’s leave, other paid leave entitlements and/or unpaid leave.
3.4 Part-time Staff Members are entitled to pro-rata leave.
3.5 Casual Staff Members will be entitled to unpaid leave (including flexible unpaid leave) provided under the Fair Work Act.
3.6 A Staff Member may request their leave be cancelled or amended.
Step | Action |
1. | Following discussion with your Supervisor about your circumstances and your leave requirements, apply for this leave via the Request for Parental Leave form. Supporting documentation and/or medical evidence may be required. |
2 | Apply for compassionate leave in My HR Online in accordance with the Leave Procedure. |
3 | In the event that the Staff Member wishes to cancel or amend their leave, they should contact their Supervisor in the first instance to advise of this intention. The original leave application will then need to be amended and submitted to the HR Remuneration Services team via Service Now. Supporting documentation and/or medical evidence may be required. |
4. Death of a Child in the first 24 Months of Life
4.1 In the event of the death of a child in the first 24 months of life (including where the child was adopted), Staff Members are entitled to 3 days paid compassionate leave.
4.2 Where the Staff Member is on paid parental or adoption leave, or was approved for paid leave they may access or continue to access up to 26 weeks of paid leave as originally provided.
4.3 In the event of death of a child in the first 24 months of life, Staff Members are also able to access:
4.3.1 unpaid parental leave of up to 12 months under the Fair Work Act.
4.3.2 personal and carer’s leave, other paid leave entitlements and/or unpaid leave.
4.4 Part-time Staff Members are entitled to pro-rata leave.
4.5 Casual Staff Members will be entitled to unpaid leave (including flexible unpaid leave) provided under the Fair Work Act.
4.6 A Staff Member may request their leave be cancelled or amended.
Step | Action |
1. | An eligible Staff Member can apply for this leave via the Request for Parental Leave form. The application is to be approved by your current Supervisor and submitted to the HR Remuneration Services team via Service Now. Supporting documentation and/or medical evidence may be required. |
2. | Apply for compassionate leave in My HR Online in accordance with the Leave Procedure. |
3. | In the event that the Staff Member wishes to cancel or amend their leave, they should contact their Supervisor in the first instance to advise of this intention. The original leave application will then need to be amended and submitted to the HR Remuneration Services team via Service Now. Supporting documentation and/or medical evidence may be required. |
5. Adoption Leave
5.1 Staff Members (excluding Casuals) who have at least 12 months' continuous service at the University prior to the adoption of a child aged under 5 years are entitled to paid Adoption Leave.
5.2 Period of Leave less than 12 months:
5.2.1 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.
5.2.2 Unpaid leave will otherwise be provided under the Fair Work Act.
5.3 Period of Leave more than 12 months:
5.3.1 Where the Initial Primary Care Giver proposes taking more than 12 months' leave from the workplace, the Initial Primary Care Giver is entitled to 26 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.
5.4 Part-time Staff Members are entitled to pro rata leave.
5.5 Unpaid leave (including flexible unpaid leave) will otherwise be provided under the Fair Work Act.
Step | Action |
1. | Discuss the intended leave with your current Supervisor. |
2. | Apply for the leave on the Request for Parental Leave form at least 10 weeks prior to the start of the leave. The application is to be approved by your current Supervisor and submitted to the HR Remuneration Services team via Service Now. Proof of the Initial Primary Carer status is required (e.g. a statutory declaration signed by both Parents). A statement from the appropriate government authority confirming the adoption and that the child is under the age of 5 at the time of placement is required. |
3. | Should the Initial Primary Carer wish to apply for a period of unpaid leave, an application for the further period of leave without pay, should be submitted no later than 4 weeks prior to the end of the paid Adoption Leave entitlement. The application is to be submitted on the Request for Parental Leave form and submitted to the HR Remuneration Services team via Service Now. The request for unpaid leave may be refused on reasonable business grounds. |
5.6 Staff Members who have adopted a child aged between 5 and 16 years are entitled to unpaid Adoption Leave as provided under the Fair Work Act.
Step | Action |
1. | Discuss the intended leave with your current Supervisor. |
2. | Apply for the leave on the Request for Parental Leave form at least 10 weeks prior to the start of the leave. The application is to be approved by your current Supervisor and submitted to the HR Remuneration Services team via Service Now. Proof of the Initial Primary Carer status is required (e.g. a statutory declaration signed by both Parents). A statement from the appropriate government authority confirming the adoption is required. |
3. | Should the Initial Primary Carer wish to apply for a period of unpaid leave (that is not unpaid Adoption Leave), an application for the further period of leave without pay should be submitted no later than 4 weeks prior to the end of the paid adoption entitlement. The application is to be submitted on the Request for Parental Leave form and submitted to the HR Remuneration Services team via Service Now. The request for unpaid leave may be refused on reasonable business grounds. |
6. Paid Surrogacy Leave
6.1 Surrogate Staff Members (excluding Casuals) are entitled to take up to 12 weeks' paid Surrogacy Leave.
6.2 Paid Surrogacy Leave may commence up to 6 weeks prior to the expected birth of the child.
6.3 The entitlement to Paid Surrogacy Leave ceases 6 weeks after the birth of the child.
6.4 Part-time Staff Members are entitled to pro-rata leave.
Step | Action |
1. | Discuss the intended leave with your current Supervisor. |
2. | Apply for the leave on the Request for Parental Leave form at least 10 weeks prior to the start of the leave. The application is to be approved by your current Supervisor and submitted to the HR Remuneration Services team via Service Now. A medical certificate noting the expected date of birth is required to be submitted via Service Now. The Newborn Child Declaration form or the baby’s birth certificate must be submitted via Service Now within 6 weeks of the birth. |
7. Paid Partner Leave
7.1 A partner (excluding Casuals) who has at least 12 months' continuous service at the University prior to the commencement of leave is entitled to 20 days' paid leave (pro-rata for part-time Staff Members) 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.
7.2 The 20-day entitlement may be taken flexibly across the 7-week period and does not need to be taken as a continuous period.
7.3 Paid Partner Leave may occur simultaneously with Paid Parental Leave or Paid Adoption/Surrogacy Leave.
7.4 Unpaid leave will otherwise be provided under the Fair Work Act.
Step | Action |
1. | Discuss the intended leave with your current Supervisor. |
2. | Apply for the leave on the Request for Parental Leave form at least 4 weeks prior to the start of the leave. The application is to be approved by your current Supervisor and submitted to the HR Remuneration Services team via Service Now. For the birth of the Staff Member’s own child or surrogacy, a medical certificate noting the expected date of birth is required to be submitted via Service Now. For adoption, a statement from the appropriate government authority confirming the adoption and that the child is under the age of 5 at the time of placement is required to be submitted. |
8. Change of Primary Care Giver Leave – Both Staff Members work at JCU
8.1 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.
8.2 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 20 days' paid Partner Leave available to the Staff Member who is not the Birth Parent.
8.3 Where Staff Members 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' paid 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.
8.4 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.
Step | Action |
1. | Discuss the intended leave with your current Supervisor. |
2. | Apply for the leave on the Request for Parental Leave form at least 8 weeks prior to the start of the leave. The application is to be approved by your current Supervisor and submitted to the HR Remuneration Services team via Service Now. The Partner is required to provide evidence of the change to the Primary Caregiver status. Appropriate evidence includes: a letter from the Initial Primary Caregiver/Birth Parent’s Supervisor confirming return to work or statutory declarations from both parents confirming the change to the caring arrangements. |
3. | Should the Primary Caregiver wish to apply for a period of Unpaid Leave, an application for the further period of leave without pay, should be submitted no later than 4 weeks prior to the end of the paid Parental Leave entitlement. The application is to be submitted on the Request for Parental Leave form and submitted to the HR Remuneration Services team via Service Now. The request for Unpaid Leave may be refused on reasonable business grounds. |
9. Change of Primary Care Giver Leave – Only 1 Staff Member works at JCU
9.1 Paid Parental Leave may be shared between a JCU Staff Member and their partner who does not work at the University where:
a. Both Staff Members have 12 months’ continuous service with their respective Employer at the date of commencement of parental or adoption leave;
b. The Primary Caregiver responsibilities are shared; and
c. The Non-JCU Staff Member has returned to work and is not on unpaid or paid parental leave.
9.2 Where Paid Parental leave is shared:
a. The total Paid Parental Leave for the couple must not exceed an aggregate of 26 weeks. A JCU 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.
b. The Staff Member and their partner must take the leave in a single unbroken period.
c. The first Caregiver 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.
9.3 The partner who has become Primary Caregiver (the JCU Staff Member) 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.
Step | Action |
1. | Discuss the intended leave with your current Supervisor. |
2. | Apply for the leave on the Request for Parental Leave form at least 8 weeks prior to the start of the leave. The application is to be approved by your current Supervisor and then submitted to the HR Remuneration Services team via Service Now. The Partner is required to provide evidence of the change to the Primary Caregiver status. Appropriate evidence includes: a letter from the Initial Primary Caregiver/Birth Parent’s employer confirming return to work or statutory declarations from both parents confirming the change to the caring arrangements. The letter from the Partner’s employer or statutory declarations need to confirm:
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3. | Should the Primary Caregiver wish to apply for a period of Unpaid Leave, an application for the further period of leave without pay should be submitted no later than 4 weeks prior to the end of the paid Parental Leave entitlement. The application is to be submitted on the Request for Parental Leave form and submitted to the HR Remuneration Services team via Service Now. This request for Unpaid Leave may be refused on reasonable business grounds. |
10. Transfer to a Safe Job
10.1 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 Member's 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. Special Leave must be recommended by the relevant Head of Work Unit and approved by the relevant Deputy Vice Chancellor.
10.2 If the Staff Member’s pregnancy ends before the end of the risk period, the risk period ends when the pregnancy ends.
Step | Action |
1. | Seek medical advice and provide a medical certificate/report to your Supervisor. |
2. | Discuss alternative work options with your Supervisor. |
3. | Notify HR of any changes to location or Supervisor and, if agreed, to working hours via Service Now. Where Special Leave is approved, please contact the HR Partnerships team. |
11. Consultation on Change While on Parental Leave
11.1 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 the relevant provisions of the Enterprise Agreement.
Step | Action |
1. | The University will contact the Staff Member and provide them with information about the change. |
2. | Where the Staff Member chooses to attend the workplace for consultation meetings they will have access to payment for this time under Keeping in Touch days. |
3. | The University will advise the Staff Member of the outcome of the change. |
12. Keeping in Touch Days
12.1 Staff Members are only entitled to use Keeping in Touch days where:
a. They are not utilising Government Paid Parental Leave.
b. They are not utilising flexible unpaid parental leave.
12.2 Where a Staff Member meets the above eligibility criteria and 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. 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 and extends the period of paid Parental Leave but does not extend the total period of Parental Leave.
12.3 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 7.25 hours in any one day.
12.4 Activities could include, but aren’t limited to:
- Participating in a planning meeting;
- Performing on the job training;
- Performing work to become familiar with the workplace or your role before returning to work;
- Refreshing skills; or
- Attending a conference.
12.5 Keeping in touch days cannot be used to perform normal work activities or to attend social events such as morning teas or lunches.
Step | Action |
1. | Agree a schedule of Keeping in Touch Days with your Supervisor. |
2. | Apply for the Keeping in Touch Days on the Request for Parental Leave form. The application is to be approved by your current Supervisor once the work is completed and then submitted to the HR Remuneration Services team via Service Now. |
13. Return to Work Following Parental Leave
13.1 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 the Enterprise Agreement.
13.2 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 the 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.
13.3 The Birth Parent is not able to return to work within 6 weeks of giving birth without medical clearance.
13.4 Any Staff Member returning to work following a period of parental leave, and who following their return are seeking to take the Australian Government's Flexible Paid Parental Leave, must take unpaid parental leave from JCU for this purpose.
Step | Action |
1. | A Staff Member must give at least 8 weeks' notice to their Supervisor of their intention to return from parental leave earlier than the date specified on their Parental Leave application. |
2. | Where a Staff Member wishes to return to work in a part-time capacity they must apply to vary their hours at least 8 weeks prior to returning to work. The Supervisor will respond to the request at least 6 weeks before the Staff Members’ intended return to work date. |
3. | All Staff Members should confirm their return to work arrangements with their Supervisor at least 4 weeks prior to their return to work. |
4 | Following a return to work, a Staff Member seeking to take the Australian Government’s Flexible Paid Parental Leave may need to take unpaid leave from JCU for this purpose (depending on your work arrangement). This period requires confirmation with your Supervisor. The leave type for this purpose should be booked as leave without pay in My HR Online with a comment “GPPL Flexible”. The Australian Government's Flexible Paid Parental Leave may also be considered as part of a flexible work arrangement. |
14. Request for Flexible Work Arrangements
14.1 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.
Step | Action |
1. | The Staff Member should discuss with their Supervisor their intention to apply for a flexible working arrangement. |
2. | Where a Staff Member wishes to request flexible working arrangements, they must apply using the Workplace Flexibility Requests Application. Where a Supervisor receives a request for a Flexible Working Arrangement, they must contact the HR Partnerships team for advice. The Supervisor will respond to a Staff Member’s request in writing within 21 days. Where a Flexible Work Arrangement request is made and/or refused the provisions detailed in the Enterprise Agreement must be adhered to. |
Related policy instruments
James Cook University Enterprise Agreement
ServiceNow Workplace Flexibility Request
Schedules/Appendices
Nil
Administration
NOTE: Printed copies of this procedure are uncontrolled, and currency can only be assured at the time of printing.
Approval Details
| Policy Domain | University Management |
| Policy Sub-domain | Human Resources |
Policy Custodian | Chief Operating Officer |
Approval Authority | Vice Chancellor |
Date for next Major Review | 30/01/2030 |
Revision History
Version | Approval date | Implementation date | Details | Author |
| 26-1 | 22/03/2026 | 23/03/2026 | Minor amendments – updated to reflect changes from the Fair Work Amendment (Baby Priya's) Act 2025, changes to the Fair Work Act 2009 (Cth). | Senior Industrial Relations Specialist |
| 25-3 | 16/09/2025 | 02/10/2025 | Minor amendments – updated to reflect compassionate leave in NES and to clarify all parental leave for part-time staff is pro rata. | Manager, Industrial Relations and Policy |
| 25-2 | 01/07/2025 | 01/07/2025 | Minor amendments - procedure updated in 7.1 a to provide further clarity and more links to the parental leave form added. | Senior Industrial Relations Specialist |
| 25-1 | 30/01/2025 | 05/02/2025 | Major Review, procedure updated to reflect legislative changes around the taking of the government’s PPL scheme, the use of keeping in touch days. | Senior Industrial Relations Specialist |
| 23-1 | 01/09/2023 | 22/09/2023 | Major review, procedure updated following approval of the James Cook University Enterprise Agreement 2022 | Manager, Industrial Relations and Policy |
21-1 | 09/04/2021 | 20/04/2021 | Procedure updated to provide more process information and to reflect legislative changes | Manager, Human Resources Services |
Keywords | Parental leave, maternity leave, partner leave, adoption leave, surrogacy leave, miscarriage leave, stillbirth leave |
| Contact Person | Manager, Industrial Relations and Policy |