AN120058 – Boarding House Staff (Independent Schools) (State) Award 2004
(a) Maternity Leave
(i) An employee who takes unpaid maternity leave under the provisions of the Industrial Relations Act 1996 must be paid under this clause.
(ii) The amount of paid leave for an employee who takes leave after 1 January 2005 shall be twelve weeks, provided that an employee who commences maternity leave prior to 1 January 2005, shall be entitled to nine weeks leave.
(iii) The employee must be paid at the rate the employee was paid at the time of commencing leave.
(iv) The employee must be paid:
(A) at the usual times and intervals that other employees are paid at the school, or
(B) if the employee asks two weeks in advance and the School agrees, in a lump sum.
(v) The employer must pay the first or lump sum payments at the pay period commencing closest to;
(A) six weeks before the anticipated date of birth, or
(B) if the birth occurs before the time referred to in (a), the date of the birth; or
(C) if the employee has not commenced maternity leave at the time referred to in (A), when the employee commences leave.
(vi) If an employee's pregnancy is terminated other than by the birth of a living child:
(A) more than 20 weeks before the anticipated date of birth the employee is not entitled to the payment;
(B) less than 20 weeks before the anticipated date of birth the employee is entitled to the payment while she remains on leave.
(vii) The period of maternity leave will not count as a period of service under this award or any statute.
(viii) Except as varied by this provision, Part 4 of Chapter 2 of the Industrial Relations Act 1996 shall apply. Notation:
(i) Where possible maternity leave should preferably commence on the day following the last teaching day of a term and conclude on the day preceding the first teaching day of a term. However this does not diminish the right of an employee to proceed on leave on the date she nominates in accordance with the Industrial Relations Act 1996.
(ii) In order to facilitate the desirable practice referred to in (i) above, the employers are prepared to extend the time of maternity leave beyond that maximum entitlement prescribed by the Industrial Relations Act 1996, should the employee agree to return from maternity leave at the commencement of the term immediately following the maximum period of leave required to be afforded by that Act.
(b) Paternity Leave
(i) An employee who takes paternity leave after 1 January 2005 shall be entitled to 2 weeks paid leave commencing on the day of birth of his child or on the day on which his spouse leaves hospital following the birth. This paid leave is to be deducted from Carer's Leave available to the employee pursuant to clause 12 of this award (NB: spouse means a spouse as defined in Clause 12 Carer's Leave).
(ii) An employee shall be required to give at least 10 weeks written notice of the intention to take leave and shall provide other notice consistent with the provisions of section 58(2) of the Industrial Relations Act 1996.
(c) Adoption Leave
An employee shall be entitled to nine weeks paid leave for the purpose of adopting any child providing the leave is taken after 1 January 2005 and before the child reaches full-time enrolment age.
