Parental Absence — Teaching Service

Leave entitlements

An employee may be entitled to 1 or more forms of leave as part of a parental absence. A summary of leave available can be found at Appendix 1.

Maternity leave

An employee is entitled to maternity leave (which may be with or without pay) for a continuous period of 16 weeks commencing from the date the employee commenced the absence or 6 weeks prior to the expected date of birth, whichever is the later.

An employee is eligible for paid maternity leave if the employee has had 26 or more weeks qualifying service within the 52 weeks immediately preceding the commencement of the required absence period. Attendance during any part of the required absence period will not count towards qualifying service. Where the pregnancy of an employee terminates more than 20 weeks before the expected date of birth, other than by the birth of a living child, the employee is not entitled to paid maternity leave. However the employee may be entitled to an unpaid parental absence of 6 months as set out above and may be eligible for personal leave subject to satisfying the personal leave requirements.

Where an employee is permitted to attend for duty during part of the required absence period before the birth of the child any paid maternity leave commences from the first day of absence from duty relating to the impending birth. The period of paid maternity leave can commence no earlier than the beginning of the required absence period.

An application for maternity leave must include a medical certificate that states that the employee is pregnant and the expected date of birth.

An employee may elect to take paid maternity leave on full or half pay or a combination of both. An employee who elects to take some or all of their paid maternity leave on half pay must notify the delegate of this intention in writing prior to commencing leave unless otherwise agreed between the employee and the delegate.

While on maternity leave with pay, an employee will be paid at:

• the time fraction that the employee was working immediately before commencing maternity leave, or
• the time fraction that the employee was working immediately prior to commencing long service leave, if the employee ceases long service leave on half pay immediately before commencing maternity leave

Partner leave

An employee who submits satisfactory evidence that they have accepted responsibility for the care of a child (or children in respect of a multiple birth) will be granted partner leave with pay, at the rate the employee would have received but for the absence on partner leave, for up to 152 hours (20 days in respect of a full time employee) in aggregate to care for the child (or children in respect of a multiple birth) and/or the mother of the child.

Satisfactory evidence includes:

• a medical certificate stating the expected birth date, or
• a medical certificate stating the actual birth date, or
• a certified photocopy of the extract of birth entry

Leave must be taken within the period commencing 1 week before the expected date of birth or the date from which the employee accepts responsibility for the child, and 6 weeks after the actual date of birth or the date from which the employee accepts responsibility for the child. Leave can be taken in separate periods within this time frame. Where the employee is unable to take partner leave during this specified period, they may make an application to the delegate for leave at another time. Where the delegate has a reasonable belief that the employee was unable to take partner leave during the specified period, the delegate may approve the application for leave.

An employee who is eligible for maternity or other paid parental leave is not eligible for partner leave in respect of the same child (or children in respect of a multiple birth).

Other paid parental leave

An employee who:

• is an approved applicant for the adoption of a child, or
• becomes the legal parent of a child (or children, as the case may be) under a surrogacy arrangement, or
• has the daily care and control of a child following the adoption by the employee of a child who is a relative of the employee, or the employee becoming the legal guardian of a child, or
• becomes the primary care giver of a child (or children, as the case may be) in such other circumstances approved by the delegate

is entitled to paid leave for 16 weeks commencing on the date the employee is granted parental responsibility and is the primary caregiver, becomes the legal parent of, or on the date of placement of the child.

An employee is eligible for other paid parental leave if the employee has had 26 or more weeks qualifying service within the 52 weeks immediately preceding the date the employee commences the parental leave.

When 2 employees apply for leave in respect of the placement of the same child, each employee is entitled to leave with pay for 8 weeks commencing on the date of placement of the child or the date the employees become the legal parents of the child (or children in respect of a multiple birth).

Where no legal adoption ensues or no action is taken to register the baby’s birth if required under state or territory law, the employee has no further entitlement to leave.

An employee who is granted parental responsibility for a child under a care order made pursuant to the Children, Youth and Families Act 2005 (Vic) by the Children’s Court or the Family Court, and who is the primary caregiver of the child, is entitled to 2 weeks paid leave at a time agreed with the principal. For the avoidance of doubt, an employee is only entitled to this period of leave once in relation to a particular child.

An application for other paid parental leave should include satisfactory evidence that confirms the date of placement of the child or children in the employee’s care. This may include:

• a statement or record from an adoption agency
• a statement or record from a relevant government authority confirming that the child is in the employee’s care
• Court Orders.

An employee may be asked to submit additional documentation or evidence upon request from the employer to assess their application for other paid parental leave.

An employee may elect to take other paid parental leave on full or half pay or a combination of both. An employee who elects to take some or all of their paid parental leave on half pay must notify the delegate of this intention in writing prior to commencing leave unless otherwise agreed between the employee and the delegate.

Long service leave

An employee may access some or all of their long service leave entitlements during a period of unpaid parental absence. Any period of long service leave granted during a parental absence will extend the maximum period of parental absence available, but not beyond the 7th birthday of the child for whom the absence has been granted or the 16th birthday in the case of an adopted child.

Where the employee seeks to resume duty at the end of the long service leave, the employee must apply to the principal to resume duty from unpaid parental absence on the proposed commencement date of the long service leave, giving the school the required period of notice of resumption from unpaid parental absence.

Where the employee does not intend to resume duty at the end of the long service leave, the long service leave application should state this and the leave may commence at any time. An employee who does not intend to resume duty after the period of long service leave, is not entitled to pay during the school vacation period following the long service leave.

Where approval is given for resumption of duty from unpaid parental absence and the long service leave is granted, the employee, other than an education support class employee, is entitled to receive pay for the school vacation period immediately following the period of long service leave.

Annual leave and additional paid leave

An education support class employee may, in lieu of the whole or part of their unpaid parental absence, use some or all of any annual leave or additional paid leave to which the employee is entitled.

Paid parental leave and workers’ compensation leave

An employee who is eligible for paid maternity, other paid parental leave or partner leave and is in receipt of workers’ compensation payments, is entitled to leave with pay less the amount paid by way of weekly compensation under the Workplace Injury Rehabilitation and Compensation Act 2013 and has no further entitlement to leave during the maternity, other paid parental leave or partner leave period.

Family leave without pay

Employees have access to up to 7 years’ family leave without pay, less any other period of leave for parental purposes (other than long service leave). Family leave without pay does not count as service for any purpose but does not break the continuity of an employee's service.