AP785611 - Journalists (Television) Award 1998
Subject to the terms of this clause, members are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.
23.1 Definitions
23.1.1 For the purpose of this clause child means a child of the member under the age of one year except for adoption of a child where child means a person under the age of five years who is placed with the member for the purposes of adoption, other than a child or step-child of the member or of the spouse of the member or a child who has lived continuously with the member for a period of six months or more.
23.2 Basic entitlement
23.2.1 After 12 months continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.
23.2.2 Parental leave is to be available to only one parent at a time, except that both parents may simultaneously access the leave in the following circumstances:
23.2.2(a) for maternity and paternity leave, an unbroken period of one week at the time of the birth of the child;
23.2.2(b) for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.
23.3 Maternity leave
23.3.1 A member will provide to the employer at least 10 weeks in advance of the expected date of commencement of parental leave:
23.3.1(a) a certificate from a registered medical practitioner stating that she is pregnant and the expected date of confinement;
23.3.1(b) written notification of the date on which she proposes to commence maternity leave, and the period of leave to be taken; and
23.3.1(c) a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.
23.3.2 Subject to 23.2.1 and unless agreed otherwise between the employer and member, a member may commence parental six weeks immediately prior to the expected date of the birth.
23.3.3 Where a member continues to work within the six week period immediately prior to the expected date of birth, or where the member elects to return to work within six weeks after the birth of the child, an employer may require the member to provide a medical certificate stating that she is fit to work on her normal duties.
23.3.4 Where the pregnancy of a member terminates after 27 weeks and the member has not commenced maternity leave, the member may take unpaid special maternity leave, of such period as a registered medical practitioner certifies as necessary, except that where a member is suffering from an illness not related to the direct consequences of the birth, a member may be entitled to paid sick leave in lieu of, or in addition to, special maternity leave.
23.3.5 Where leave is granted under paragraph 23.3.4, during the period of leave a member may return to work at any time, as agreed between the employer and the member provided that time does not exceed four weeks from the recommencement date desired by the member.
23.4 Paternity leave
A member will provide to the employer at least 10 weeks prior to each proposed period of paternity leave:
23.4.1 a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of confinement, or states the date on which the birth took place; and
23.4.2 written notification of the dates on which he proposes to start and finish the period of paternity leave; and
23.4.3 a statutory declaration stating:
23.4.3(a) he will take that period of paternity leave to become the primary care-giver of a child;
23.4.3(b) particulars of maternity leave sought or taken by his spouse; and
23.4.3(c) that for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.
23.5 Adoption leave
23.5.1 The member will notify the employer at least 10 weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. A member may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the member, the adoption of a child takes place earlier.
23.5.2 Before commencing adoption leave, a member will provide the employer with a statutory declaration stating:
23.5.2(a) the member is seeking adoption leave to become the primary care-giver of the child;
23.5.2(b) particulars of any period of adoption leave sought or taken by the member’s spouse; and
23.5.2(c) that for the period of adoption leave the member will not engage in any conduct inconsistent with their contract of employment.
23.5.3 An employer may require a member to provide confirmation from the appropriate government authority of the placement.
23.5.4 Where the placement of a child for adoption with a member does not proceed or continue, the member will notify the employer immediately and the employer will nominate a time not exceeding four weeks from receipt of notification for the member’s return to work.
23.6 Variation of period of parental leave
Unless agreed otherwise between the employer and member, a member may apply to their employer to change the period of parental leave on one occasion. Any such change to be notified at least four weeks prior to the commencement of the changed arrangements.
23.7 Parental leave and other entitlements
A member may in lieu of or in conjunction with parental leave, access other paid leave entitlements which they have accrued, such as annual leave or long service leave, subject to the total amount of leave not exceeding 52 weeks.
23.8 Transfer to a safe job
23.8.1 Where a member is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the member make it inadvisable for the member to continue at her present job, the member will, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.
23.8.2 If the transfer to a safe job is not practicable, the member may elect, or the employer may require the member to commence parental leave.
23.9 Returning to work after a period of parental leave
23.9.1 A member will notify of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.
23.9.2 A member will be entitled to the position which they held immediately before proceeding on parental leave. In the case of a member transferred to a safe job pursuant to subclause 23.8, the member will be entitled to return to the position they held immediately before such transfer.
23.9.3 Where such position no longer exists but there are other positions available which the member is qualified for and is capable of performing, the member will be entitled to a position as nearly comparable in status and pay to that of their former position.
23.10 Replacement employees
23.10.1 A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of a member proceeding on parental leave.
23.10.2 A replacement employee will be informed of the temporary nature of the employment and of the rights of the member who is being replaced.
