31. PARENTAL LEAVE

31.1 Provisions
Subject to the terms of this clause, permanent employees and eligible casual employees as defined in clause 31.2(a) below, are entitled to Maternity, Paternity and Adoption leave and, with the agreement of the employer, to work part-time in connection with the birth or adoption of a child.

31.2 Definitions
For the purpose of clause 31:
(a) eligible casual employee means a casual employee:
(i) employed by the employer on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment, during a period of at least 12 months; and
(ii) who has, but for the pregnancy or the decision to adopt, a reasonable expectation of ongoing employment;
(b) continuous service means work for the employer on a regular and systematic basis (including any period of authorized leave or absence);
(c) child means a child of the employee or the employee's spouse under the age of one year, or in the case of adoption, a person under the age of five years who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more;
(d) spouse includes a de facto spouse and, except in the case of adoption, a former spouse;
(e) primary care-giver means a person who assumes the principal role of providing care and attention to a child; and
(f) relative adoption occurs where a child, as defined, is adopted by a grandparent, brother, sister, aunt or uncle (whether of the whole blood or half blood or by marriage).

31.3 Re-engagement of casual employee
(a) The employer must not fail to re-engage a casual employee because:
(i) the employee or employee's spouse is pregnant; or
(ii) the employee is or has been immediately absent on parental leave.
(b) The rights of the employer in relation to engagement or re-engagement of casual employees are not affected other than in accordance with this clause.

31.4 Maternity leave
An employee is entitled to Maternity leave in accordance with the Maternity Leave (Australian Government Employees) Act 1973.

31.5 Paternity leave

31.5.1 Nature of leave
Paternity leave is unpaid leave.

31.5.2 Eligibility for paternity leave
(a) A male employee upon production to the employer of the documentation required pursuant to clause 31.5.3 below, will be entitled to one or two periods of paternity leave, the total of which will not exceed 52 weeks, in the following circumstances:
(i) an unbroken period of up to one week at the time of the confinement of his spouse;
(ii) a further unbroken period of up to 51 weeks in order to be the primary care-giver of a child provided that such leave will not extend beyond the child's first birthday. This entitlement will be reduced by any period of maternity leave taken by the employee's spouse in relation to the same child and will not be taken concurrently with that maternity leave.
(b) The employee must have had at least 12 months continuous service with the employer immediately preceding the date upon which he proceeds upon either period of leave.

31.5.3 Certification
At the time specified in clause 31.5.4 below, the employee must produce to the employer:
(a) a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of confinement or the date on which the birth took place;
(b) in relation to any period to be taken pursuant to clause 31.5.2(a) above, a statutory declaration stating:
(i) he will take that period of paternity leave to become the primary care-giver of a child;
(ii) particulars of any period of maternity leave sought or taken by his spouse; and
(iii) for the period of paternity leave, he will not engage in any conduct inconsistent with his contract of employment.

31.5.4 Notice requirements
(a) The employee will, not less than ten weeks before each proposed period of leave, give the employer notice in writing stating the dates on which he proposes to start and finish the period(s) of leave and produce the medical certificate and statutory declaration required pursuant to clause 31.5.3 above.
(b) The employee will not be in breach of this clause as a consequence of failure to give the notice required in clause 31.5.4(a), if such failure is due to:
(i) the birth occurring earlier than the expected date;
(ii) the death of the child's mother; or
(iii) other compelling circumstances.
(c) The employee will immediately notify the employer of any change in the information provided pursuant to clause 31.5.3.

31.5.5 Variation of period of paternity leave
(a) Provided the maximum period of paternity leave does not exceed the period to which the employee is entitled under clause 31.5.2 above:
(i) the period of paternity leave provided by clause 31.5.2(b) may be lengthened once only by the employee giving not less than 14 days notice in writing stating the period by which the leave is to be lengthened;
(ii) the period may be further lengthened by agreement between the employer and the employee.
(b) The period of paternity leave taken under clause 31.5.2(b) may, with the consent of the employer, be shortened by the employee giving not less than 14 days notice in writing stating the period by which the leave is to be shortened.

31.5.6 Cancellation of paternity leave
Paternity leave, applied for under clause 31.5.2(b) but not commenced, will be cancelled when the pregnancy of the employee's spouse terminates other than by the birth of a living child.

31.5.7 Paternity leave and other leave entitlements
(a) Provided the aggregate of any leave, including leave taken under this clause does not exceed the period to which the employee is entitled under clause 31.5.2 above, an employee may, in lieu of or in conjunction with paternity leave, take any annual leave or long service leave or any part thereof to which he is entitled.
(b) Paid sick leave or other authorised award absences (excluding annual leave or long service leave) will not be available to an employee during his absence on paternity leave.

31.5.8 Effects of paternity leave on employment
Subject to this clause, notwithstanding any award or other provision to the contrary, absence on paternity leave will not break the continuity of service of an employee but will not be taken into account in calculating the period of service for any purpose of any relevant award or agreement.

31.5.9 Termination of employment
(a) An employee on paternity leave may terminate his employment at any time during the period of leave by notice given in accordance with this agreement.
(b) An employer will not terminate an employee's employment on the ground of his absence on paternity leave, but otherwise the employer's rights in relation to termination of employment are not hereby affected.

31.5.10 Return to work after paternity leave
(a) An employee will confirm his intention of returning to work by notice in writing to the employer given not less than four weeks before the expiry of the period of paternity leave provided by clause 31.5.2(b).
(b) An employee, upon returning to work after paternity leave or the expiry of the notice required by 31.5.10(a) above, will be entitled to the position which he held immediately before proceeding on paternity leave, or in relation to an employee who has worked part-time under this clause, to the position he held immediately before commencing such part-time work.
(c) Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, he will be entitled to a position as nearly comparable in status and pay to that of his former position.

31.5.11 Replacement employee
(a) A replacement employee is an employee specifically engaged as a result of an employee proceeding on paternity leave.
(b) Before engaging a replacement employee, the employer will inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.
(c) Before the employer engages a person to replace an employee temporarily promoted or transferred in order to replace an employee exercising his rights under this clause, the employer will inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced.
(d) Nothing in this clause will be construed as requiring the employer to engage a replacement employee.

31.6 Adoption leave

31.6.1 Nature of leave
Adoption leave is unpaid leave.

31.6.2 Eligibility
(a) An employee, upon production to the employer of the documentation required pursuant to clause 31.6.3 below, will be entitled to one or two periods of adoption leave, the total of which will not exceed 52 weeks, in the following circumstances:
(i) an unbroken period of up to three weeks at the time of the child's placement;
(ii) an unbroken period of up to 52 weeks from the time of the placement in order to be the primary care-giver of the child. This leave will not extend beyond one year after the child's placement and will not be taken concurrently with adoption leave taken by the employee's spouse in relation to the same child. This entitlement of up to 52 weeks will be reduced by:
(1) a period of leave taken pursuant to 31.6.2(a); and
(2) the aggregate of any periods of adoption leave taken or to be taken by the employee's spouse.
(b) The employee must have had at least 12 months continuous service with the employer immediately before the date upon which he or she proceeds upon such leave in either case.

31.6.3 Certification
(a) Before taking adoption leave the employee must produce to the employer:
(i) a statement from an adoption agency or other appropriate body of the presumed date of the child's placement with the employee for adoption purposes; or
(ii) a statement from the appropriate government authority confirming that the employee is to have custody of the child pending application for an adoption order; and
(iii) a statutory declaration stating:
(1) the employee is seeking adoption leave to become the primary care-giver of the child;
(2) particulars of any period of adoption leave sought or taken by the employee's spouse; and
(3) for the period of adoption leave, the employee will not engage in any conduct inconsistent with his or her contract of employment.

31.6.4 Notice requirements
(a) Upon receiving notice of approval for adoption purposes, an employee will notify the employer of such approval and within two months of such approval will further notify the employer of the period(s) of adoption leave the employee proposes to take. In the case of a relative adoption, the employee will notify, as indicated above, upon deciding to take a child into custody pending an application for an adoption order.
(b) An employee who commences employment with the employer after the date of approval for adoption purposes will notify the employer thereof upon commencing employment and of the period(s) of adoption leave which the employee proposes to take. However, such employee will not be entitled to adoption leave unless the employee has not less than 12 months continuous service with the employer immediately preceding the date upon which he or she proceeds upon such leave.
(c) An employee will, as soon as the employee is aware of the presumed date of a child's placement for adoption purposes but no later than 14 days before such placement, give notice in writing to the employer of such date and of the date of the commencement of any period of leave to be taken under clause 31.6.2(a).
(d) An employee will, ten (IO) weeks before the proposed date of commencing any leave to be taken under clause 31.6.2, give notice in writing to the employer of the date of commencing leave and the period of leave to be taken.
(e) An employee will not be in breach of this clause, as a consequence of failure to give the stipulated period of notice in accordance with clauses 31.6.4(c) and 31.6.4(d) if such failure is occasioned by the requirement of an adoption agency to accept earlier or later placement of the child, the death of the spouse or other compelling circumstances.

31.6.5 Variation of period of adoption leave
(a) Provided the maximum period of adoption leave does not exceed the period to which the employee is entitled under clause 31.5.2:
(i) the period of leave taken under clause 31.6.2(b) above, may be lengthened once only by the employee giving not less than 14 days notice in writing stating the period by which the leave is to be lengthened;
(ii) the period may be further lengthened by agreement between the employer and the employee.
(b) The period of adoption leave taken under 31.6.2(b) above, may, with the consent of the employer be shortened by the employee giving not less than 14 days notice in writing stating the period by which the leave is to be shortened.

31.6.6 Cancellation of adoption leave
(a) Adoption leave, applied for but not commenced, will be cancelled should the placement of the child not proceed.
(b) Where the placement of a child for adoption purposes with an employee then on adoption leave does not proceed or continue, the employee will immediately notify the employer and the employer will nominate a time not exceeding four weeks from receipt of notification for the employee's resumption of work.

31.6.7 Special leave
The employer will grant to any employee who is seeking to adopt a child, such unpaid leave not exceeding two days, as is required by the employee to attend any compulsory interviews or examinations as are necessary as part of the adoption procedure. Where pa-id. leave is available to the employee the employer may require the employee to take such leave in lieu of special leave.

31.6.8 Adoption leave and other entitlements
(a) Provided the aggregate of any leave, including leave taken under this clause, does not exceed the period to which the employee is entitled under clause 31.6.2 above, an employee may, in lieu of or in conjunction with adoption leave, take any annual leave or long service leave or any part thereof to which he or she is entitled.
(b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave) will not be available to an employee during the employee's absence on adoption leave.

31.6.9 Effect of adoption leave on employment
Subject to this clause, notwithstanding any award or other provision to the contrary, absence on adoption leave will not break the continuity of service of an employee but will not be taken into account in calculating the period of service for any purpose of any relevant award or agreement.

31.6.10 Termination of employment
(a) An employee on adoption leave may terminate the employment at any time during the period of leave by notice given in accordance with this agreement.
(b) An employer will not terminate the employment of an employee on the ground of the employee's application to adopt a child or absence on adoption leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected.

31.6.11 Return to work after adoption leave
(a) An employee will confirm the intention of returning to work by notice in writing to the employer given not less than four weeks before the expiry of the period of adoption leave provided by clause 31.6.2(b) above.
(b) An employee, upon returning to work after adoption leave will be entitled to the position held immediately before proceeding on such leave or in relation to an employee who has worked part-time under this clause, the position held immediately before commencing such part-time work.
(c) Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of the employee's former position.

31.6.12 Replacement employees
(a) A replacement employee is an employee specifically engaged as a result of an employee proceeding on adoption leave.
(b) Before engaging a replacement employee, the employer will inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.
(c) Before engaging a person to replace an employee temporarily promoted or transferred in order to replace an employee exercising rights under this clause, the employer will inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced.
(d) Nothing in this clause will be construed as requiring an employer to engage a replacement employee.

31.7 Part-time work

31.7.1 Definitions
For the purposes of this clause:
(a) male employee means an employed male who is caring for a child born of his spouse or a child placed with the employee for adoption purposes.
(b) female employee means an employed female who is pregnant or is caring for a child she has borne or a child who has been placed with her for adoption purposes.
(c) spouse includes a de facto or a former spouse.
(d) former position means the position held by a female or male employee immediately before proceeding on leave or part-time employment under this clause whichever first occurs or, if such position no longer exists but there are other positions available for which the employee is qualified and the duties of which he or she is capable of performing, a position as nearly comparable in status and pay to that of the position first mentioned in this definition.
(e) continuous service means service under an unbroken contract of employment and includes:
(i) any period of leave taken in accordance with this clause;
(ii) any period of part-time employment worked in accordance with this clause; or
(iii) any period of leave or absence authorised by the employer or by the agreement.

31.7.2 Entitlement
(a) A male employee may work part-time in one or more periods at any time from the date of the child's birth until its second birthday or, in relation to adoption, from the date of the child's placement until the second anniversary of the placement.
(b) A female employee may work part-time in one or more periods while she is pregnant where part-time employment is, because of the pregnancy, necessary or desirable.
(c) A female employee may work part-time in one or more periods at any time from the seventh week after the date of the child's birth until its second birthday.
(d) In relation to adoption, a female employee may work part-time in one or more periods at any time from the date of the child's placement until the second anniversary of that date.

31.7.3 Return to former position
(a) An employee who has had at least 12 months continuous service with an employer immediately before commencing part-time employment after the birth or placement of a child has, at the expiry of the period of such part-time employment or the first period, if there is more than one, the right to return to his or her former position.
(b) Nothing in clause 31.7.3(a) above will prevent the employer from permitting the employee to return to his or her former position after a second or subsequent period of part-time employment.

31.7.4 Effect of part-time employment on continuous service
Commencement on part-time work under this clause, and return from part-time work to full-time work under this clause, will not break the continuity of service or employment.

31.7.5 Pro rata entitlements Subject to the provisions of this clause and the matters agreed to in accordance with clause 31.7.8 below, part-time employment will be in accordance with the provisions of this agreement which will apply pro rata.

31.7.6 Transitional arrangements - annual leave
(a) An employee working part-time under this clause will be paid for and take any leave accrued in respect of a period of full-time employment, in such periods and manner as specified in clause 25 - Annual leave of this agreement, as if the employee were working full-time in the class of work the employee was performing as a full-time employee immediately before commencing part-time work under this clause.
(b) A full-time employee will be paid for and take any annual leave accrued in respect of a period of part-time employment under this clause, in such periods and manner as specified in this agreement, as if the employee were working part-time in the class of work the employee was performing as a part-time employee immediately before resuming full-time work.
(c) Provided that, by agreement between the employer and the employee, the period over which the leave is taken may be shortened to the extent necessary for the employee to receive pay at the employee's current full-time rate.

31.7.7 Transitional arrangements - sick leave
An employee working part-time under this clause will have sick leave entitlements which have accrued under this agreement (including any entitlement accrued in respect of previous full-time employment) converted into hours. When this entitlement is used, whether as a part-time employee or as a full-time employee, it will be debited for the ordinary hours that the employee would have worked during the period of absence.

31.7.8 Part-time work agreement
(a) Before commencing a period of part-time employment under this clause the employee and the employer will agree:
(i) that the employee may work part-time;
(ii) upon the hours to be worked by the employee, the days upon which they will be worked and commencing times for the work;
(iii) upon the classification applying to the work to be performed; and
(iv) upon the period of part-time employment.
(b) The terms of this agreement may be varied by consent.
(c) The terms of this agreement or any variation to it will be reduced to writing and retained by the employer. A copy of the agreement and any variation to it will be provided to the employee by the employer.
(d) The terms of this agreement will apply to the part-time employment.

31.7.9 Termination of employment
(a) The employment of a part-time employee under this clause, may be terminated in accordance with the provisions of this agreement but may not be terminated by the employer because the employee has exercised or proposes to exercise any rights arising under this clause or has enjoyed or proposes to enjoy any benefits arising under this clause.
(b) Any termination entitlements payable to an employee whose employment is terminated while working part-time under this clause, or while working full-time after transferring from part-time work under this clause, will be calculated by reference to the full-time rate of pay at the time of termination and by regarding all service as a full-time employee as qualifying for a termination entitlement based on the period of full-time employment and all service as a part-time employee on a pro rata basis.

31.7.10 Extension of hours of work
An employer may request, but not require, an employee working part-time under this clause to work outside or in excess of the employee's ordinary hours of duty provided for in accordance with clause 31.7.8.

31.7.11 Nature of part-time work
The work to be performed part-time need not be the work performed by the employee in his or her former position but will be work otherwise performed under this agreement.

31.7.12 Inconsistent agreement provisions
An employee may work part-time under this clause despite any other provision of this agreement which limits or restricts the circumstances in which part-time employment may be worked or the terms upon which it may be worked including the provision prescribing a minimum or maximum number of hours a part-time employee may work and such provisions do not apply to part-time work under this clause.

31.7.13 Replacement employees
(a) A replacement employee is an employee specifically engaged as a result of an employee working part-time under this clause.
(b) A replacement employee may be employed part-time. Subject to this clause, clause 31.7.5 to 31.7.9 and 31.7.12 apply to the part-time employment of replacement employee.
(c) Before engaging a replacement employee under this clause, the employer will inform the person of the temporary nature of the employment and of the rights of the employee who is being replaced.
(d) Unbroken service as a replacement employee will be treated as continuous service for the purposes of clause 31.7.1(e).
(e) Nothing in this clause will be construed as requiring an employer to engage a replacement employee.