AN120537 – Teachers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) (State) Award 2006
12.1 Maternity Leave
(a) A teacher who applies for maternity leave under Part 4 of Chapter 2 of the Industrial Relations Act 1996 and:
(i) is granted maternity leave for a period of fourteen weeks or longer by the employer; and
(ii) the date of birth is on or after 30 January 2006 shall be entitled to maternity leave in accordance with this sub-clause.
(b) The maternity leave shall be paid for fourteen weeks at the rate of salary the teacher would have received, if the teacher had not taken maternity leave. (If the period of maternity leave granted to the teacher is for less than fourteen weeks then the period of paid maternity leave shall be for such lesser period). This period shall be inclusive of non term periods falling within the fourteen weeks, other than where a teacher works up until the last day of a term in which case the maternity leave shall be deemed to commence from the first day of the following school term. For the purpose of this paragraph, non-term periods shall not include the first four weeks of the school summer vacation period.
(c) The teacher may elect to be paid during the period of paid leave in paragraph (b) of this sub-clause either in accordance with the usual employer payment schedule or as a lump sum payment in advance.
(d) Where a teacher applies for a lump sum payment in advance under paragraph (c) of this sub-clause, the teacher shall give the employer at least one month’s notice of intention.
(e) If a teacher has commenced paid maternity leave and subsequently the teacher’s pregnancy results in a miscarriage or a still birth, the teacher shall be entitled to retain payment in accordance with this clause equivalent to salary for the period of maternity leave taken by the teacher.
(f) Paid maternity leave shall commence no earlier than one term prior to the expected date of birth.
(g) The employer may deduct payment for any absence of the teacher (to which the teacher, but for this clause, would have been entitled under clause 10, Sick Leave) in the period four calendar weeks prior to the expected date of birth from the payment of paid maternity leave to which the teacher is entitled pursuant to this subclause.
(h) Non term weeks within the period of paid maternity leave shall be deemed to be non term weeks worked by the teacher for the purpose of clause 7, Annual Adjustment of Salary and clause 15, Termination.
(i) A teacher on paid maternity leave in accordance with this clause will not be employed as a casual employee by the employer during such paid leave.
(j) Where a teacher gives birth to a child whilst on unpaid leave (other than maternity leave in relation to the birth of the same child) the teacher will be entitled to maternity leave in accordance with Part 4 of Chapter 2 of the Industrial Relations Act 1996. However, the teacher will not be entitled to an additional fourteen weeks payment in accordance with paragraph (b) of this sub-clause.
(k) Except as varied by this provision, Part 4 of Chapter 2 of the Industrial Relations Act 1996 shall apply.
Notation
(i) The employers are of the view that 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.
(ii) In order to facilitate the desirable practice referred to in paragraph (i) of this notation, the employers are prepared to extend the time of maternity leave beyond that maximum entitlement prescribed by the said Act 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.
(iii) Transitional Arrangements - The provisions of the preceding award relating to paid maternity leave shall apply to a teacher whose baby is born on or after 1 January 2006 and before 30 January 2006.
12.2 Adoption Leave
(a) A teacher who applies for adoption leave under Part 4 of Chapter 2 of the Industrial Relations Act 1996 and is granted such leave by the employer in accordance with these provisions, shall be entitled to payment of adoption leave under the same (or comparable) conditions as those set out in this clause in relation to paid maternity leave. Provided further that adoption leave shall only be payable in respect of one adopting parent of a child.
(b) A teacher shall be entitled to one day’s leave with pay for the purpose of adopting any child provided that he or she is not also entitled to payment of adoption leave pursuant to paragraph (a) of this sub-clause.
12.3 Paternity Leave
(a) A teacher shall be entitled to one day’s leave with pay on the date of his wife’s confinement or on the day on which his wife leaves hospital following her confinement.
(b) In addition to the entitlement in paragraph 12.3(a), a teacher shall be entitled, subject to this sub-clause, to take paternity leave in one continuous period not exceeding two weeks. Such leave shall be deducted from, and shall not exceed, the teacher’s entitlement to Catholic Personal/Carer's Leave pursuant to clause 11 of this award.
(c) The teacher shall be entitled to take such paternity leave in the four weeks before the date or expected date of the birth of the child and not later than four weeks after the birth of the child, provided that the employer may, in exceptional circumstances, request the teacher to take leave at a time outside the period specified in this paragraph. If the teacher chooses to agree to the employer’s request, such agreement shall be recorded in writing. Where the teacher does not agree, the leave shall be taken in accordance with this paragraph.
(d) The entitlement to paternity leave in paragraphs 12.3(a) and (b) is inclusive of, and not in addition to, the teacher’s entitlement to take unpaid paternity leave in accordance with the Industrial Relations Act 1996.
(e) The teacher must, at least 4 weeks before proceeding on leave pursuant to paragraph 12.3(b) above, give written notice of the dates on which he proposes to start and end the period of leave. The proposed dates may be varied by further written notice, subject to the provisions of paragraph 12.3(c) above.
12.4 Prior Service with Another Catholic Diocesan Employer or Catholic Independent School
For the purpose of eligibility for maternity leave and adoption leave pursuant to this clause, a teacher who is not eligible for such leave because he or she has less than twelve months continuous service as required pursuant to Section 57 of the Industrial Relations Act, shall nevertheless be deemed to have completed twelve months continuous service with the current employer if immediately prior to commencement of service with the current employer, he or she had twelve months continuous service with another Catholic Diocesan Employer or Catholic Independent School.
"Catholic Diocesan Employer" and "Catholic Independent School" shall have the same meaning as in sub-clause 10.4(d) of this award.
12.5 Casual Teachers
An employer must not fail to re-engage a regular casual teacher (see section 53(2) of the Industrial Relations Act 1996 (NSW)) because:
(a) the teacher or teacher's spouse is pregnant; or
(b) the teacher is or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and re-engagement of casual teachers are not affected, other than in accordance with this clause.
12.6 Right to Request
(a) A teacher entitled to parental leave may request the employer to allow the teacher:
(i) to extend the period of simultaneous unpaid parental leave up to a maximum of eight weeks;
(ii) to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;
(iii) to return from a period of parental leave on a part-time basis until the child reaches school age;
to assist the teacher in reconciling work and parental responsibilities.
(b) The employer shall consider the request having regard to the teacher’s circumstances and, provided the request is genuinely based on the teacher’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.
(c) Teacher’s request and the employer’s decision to be in writing
The teacher’s request and the employer’s decision made under subparagraphs (a) (ii) and (iii) of this sub clause must be recorded in writing.
(d) Request to return to work part-time
Where a teacher wishes to make a request under subparagraph (a) (iii), such a request must be made as soon as possible before the date upon which the teacher is due to return to work from parental leave.
12.7 Communication During Parental Leave
(a) Where a teacher is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:
(i) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the teacher held before commencing parental leave; and
(ii) provide an opportunity for the teacher to discuss any significant effect the change will have on the status or responsibility level of the position the teacher held before commencing parental leave.
(b) The teacher shall take reasonable steps to inform the employer about any significant matter that will affect the teacher’s decision regarding the duration of parental leave to be taken, whether the teacher intends to return to work and whether the teacher intends to request to return to work on a part-time basis.
(c) The teacher shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with paragraph (a).
