AN160177 – Independent Schools Psychologists and Social Workers Award
(1) Eligibility for Parental Leave
A psychologist or social worker shall become entitled to take up to 52 consecutive weeks of unpaid leave in respect of -
(a) the birth of a child to the psychologist or social worker or the psychologist or social worker’s spouse; or
(b) the placement of a child with the psychologist or social worker with a view to the adoption of the child by the psychologist or social worker.
(2) A psychologist or social worker is entitled to take parental leave if he or she:
(a) has had at least 12 months’ continuous service with that employer immediately preceding the date upon which the psychologist or social worker proceeds upon such leave, and
(b) has given the employer at least ten (10) weeks’ written notice of his/her intention to take such leave, and the start and finish dates of such leave.
(c) A psychologist or social worker is not entitled to take parental leave at the same time as the psychologist’s or social worker’s spouse but this subclause does not apply to one week’s parental leave:
(i) taken by the male parent immediately after the birth of the child; or
(ii) taken by the psychologist or social worker and the psychologist’s or social worker’s spouse immediately after a child has been placed with them with a view to their adoption of the child.
(d) A psychologist or social worker shall not be in breach of this order as a consequence of failure to give the stipulated period of notice in accordance with this subclause, if such failure is occasioned by the confinement occurring earlier than the presumed date.
(3) Parental Leave to start 6 weeks before the birth
Subject to sub-clauses (4), (5) and (7) of this clause, the period of parental leave for a female psychologist or social worker shall be for an unbroken period of up to 52 weeks and shall include up to six weeks’ leave to be taken immediately before the presumed date of confinement, unless in respect of any period closer to the expected date of birth a medical practitioner has certified that the psychologist or social worker is fit to work.
(4) Transfer to a Safe Job
Where in the opinion of a duly qualified medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the psychologist or social worker make it inadvisable for the psychologist or social worker to continue at her present work, the psychologist or social worker shall, 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 parental leave. If the transfer to a safe job is not practicable, the psychologist or social worker may, or the employer may require the psychologist or social worker to, take leave for such period as is certified necessary by a duly qualified medical practitioner. Such leave shall be treated as parental leave for the purposes of subclauses (8), (9), (10) and (11) of this clause.
(5) Variation of Period of Parental Leave
(a) The period of parental leave may be lengthened by agreement between the psychologist or social worker and the employer in accordance with the provisions of Clause 10. - Leave Without Pay of this Award.
(b) The period of parental leave may be shortened by agreement between the psychologist or social worker and the employer.
(6) Cancellation of Parental Leave
(a) Parental leave, applied for but not commenced, shall be cancelled when the pregnancy of a psychologist or social worker terminates other than by the birth of a living child.
(b) Subject to paragraph (c) of this subclause, where the pregnancy of a psychologist or social worker then on parental leave terminates other than by the birth of a living child, it shall be the right of the psychologist or social worker or the psychologist or social worker’s spouse to resume work at a time nominated by the employer which shall not exceed four weeks from the date of notice in writing by the psychologist or social worker to the employer that he or she desires to resume work.
(c) A psychologist’s or social worker’s right to resume work within the period specified in paragraph (b) of this sub-clause shall be subject to the practicality of enabling the psychologist or social worker to resume within that period, but in any case that limitation shall not be invoked to extend the period of leave beyond the date originally agreed to.
Where the psychologist’s or social worker’s resumption is delayed, he or she may undertake temporary employment with another employer without affecting his or her contract of service with the school from which he or she took parental leave.
(7) Special Parental Leave and Sick Leave
(a) Where the pregnancy of a psychologist or social worker or a psychologist’s or social worker’s spouse not then on parental leave terminates after twenty-eight weeks other than by the birth of a living child then:
(i) the psychologist or social worker shall be entitled to such period of unpaid leave (to be known as special parental leave) as a duly qualified medical practitioner certifies as necessary before the psychologist or social worker returns to work, or
(ii) for illness other than the normal consequences of confinement the psychologist or social worker shall be entitled, either instead of or in addition to special parental leave, to such paid sick leave as to which the psychologist or social worker is then entitled and which a duly qualified medical practitioner certifies as necessary before the psychologist or social worker returns to work.
(b) Where a psychologist or social worker not then on parental leave suffers illness related to the psychologist or social worker’s pregnancy, the psychologist or social worker may take such paid sick leave as to which the psychologist or social worker is then entitled and such further unpaid leave (to be known as special parental leave) as a duly qualified medical practitioner certifies as necessary before the psychologist or social worker returns to work.
(c) For the purposes of sub-clauses (9), (10) and (11) of this clause, parental leave shall include special parental leave.
(d) A psychologist or social worker returning to work after the completion of a period of leave taken pursuant to this subclause shall be entitled to the position which the psychologist or social worker held immediately before proceeding on such leave or, in the case of a psychologist or social worker who was transferred to a safe job pursuant to subclause (4) of this clause, to the position the psychologist or social worker held immediately before such transfer.
Where such position no longer exists but there are other positions available, for which the psychologist or social worker is qualified and the duties of which the psychologist or social worker is capable of performing, the psychologist or social worker shall be entitled to a position as nearly comparable in status and salary or wage to that of the psychologist’s or social worker’s former position.
(8) Parental Leave and Other Leave Entitlements
(a) A psychologist or social worker may take, in conjunction with or in addition to parental leave, any annual leave or long service leave or any part thereof to which the psychologist or social worker is then entitled.
(b) Paid sick leave or other paid authorised Award absences (excluding annual leave or long service leave), shall not be available to a psychologist or social worker during the psychologist’s or social worker’s absence on parental leave.
(9) Effect of Parental Leave on Employment
Notwithstanding any Award, or other provision to the contrary, absence on parental leave shall not break the continuity of service of a psychologist or social worker but shall not be taken into account in calculating the period of service for any purpose of the Award.
(10) Termination of Employment
(a) A psychologist or social worker on parental leave may terminate his or her employment at any time during the period of leave by notice given in accordance with this Award.
(b) An employer shall not terminate the employment of a psychologist or social worker on the ground of the psychologist’s or social worker’s pregnancy or of the psychologist’s or social worker’s absence on parental leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected.
(11) Return to Work After Parental Leave
(a) A psychologist or social worker shall be entitled to the position which the psychologist or social worker held immediately before proceeding on parental leave or, in the case of a psychologist or social worker who was transferred to a safe job pursuant to subclause (4) of this clause, to the position which the psychologist or social worker held immediately before such transfer. Where such position no longer exists but there are other positions available for which the psychologist or social worker is qualified and the duties of which the psychologist or social worker is capable of performing, the psychologist or social worker shall be entitled to a position as nearly comparable in status and salary or wage to that of the psychologist’s or social worker’s former position.
(b) The psychologist or social worker will notify the employer in writing not less than 6 weeks prior to the presumed date of return, when the psychologist or social worker requests to return to work under different arrangements from those which the psychologist or social worker held immediately prior to the commencement of parental leave.
(12) Replacement psychologist or social workers
(a) A replacement psychologist or social worker is a psychologist or social worker specifically engaged as a result of a psychologist or social worker proceeding on parental leave.
(b) Before an employer engages a replacement psychologist or social worker under this subclause, the employer shall inform that person of the temporary nature of the employment and of the rights of the psychologist or social worker who is being replaced.
(c) Before an employer engages a person to replace a psychologist or social worker temporarily promoted or transferred in order to replace a psychologist or social worker exercising his or her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the psychologist or social worker who is being replaced.
(d) Nothing in this subclause shall be construed as requiring the employer to engage a replacement psychologist or social worker.
(e) A replacement psychologist or social worker shall not be entitled to any of the rights conferred by this clause except where his/her employment continues beyond the twelve months’ qualifying period.
