AN160268 – Public Service Award 1992
(1) Definition
"Officer" includes full time, part time, permanent and fixed term contract officers.
"Primary Care Giver" is the officer who will assume the principal role for the care and attention of a child/children. The employer may require confirmation of primary care giver status.
"Replacement Officer" is an officer specifically engaged to replace an officer proceeding on parental leave.
"Partner" means a person who is a spouse or de facto partner.
"Public sector" means an employing authority as defined in Section 5 of the Public Sector Management Act 1994.
(2) Entitlement to Parental and Partner Leave
(a) An officer is entitled to a period of up to 52 weeks unpaid parental leave in respect of the:
(i) birth of a child to the officer or the officer's partner; or
(ii) adoption of a child who is not the child or the stepchild of the officer or the officer's partner; is under the age of five (5); and has not lived continuously with the officer for six (6) months or longer.
(b) An officer identified as the primary care giver of a child and who has completed twelve months continuous service in the Western Australian public sector shall be entitled to six (6) weeks paid parental leave. Paid parental leave will form part of the 52-week entitlement provided in subclause (2) (a) of this clause.
(c) A pregnant officer can commence the period of paid parental leave any time up to six (6) weeks before the expected date of birth and no later than four (4) weeks after the birth. Any other primary care giver can commence the period of paid parental leave from the birth date or for the purposes of adoption from the placement of the child but no later than four (4) weeks after the birth or placement of the child.
(d) Paid parental leave for primary care purposes for any one birth or adoption shall not exceed six (6) weeks.
(e) The paid and unpaid parental leave entitlement up to a maximum of 52 weeks may be shared between partners assuming the role of primary care giver.
(f) Parental leave may not be taken concurrently by an officer and his or her partner except under special circumstances and with the approval of the employer.
(g) Where less than the standard parental leave is taken the unused portion of the period of paid or unpaid leave cannot be preserved in any way.
(h) An officer may elect to receive pay in advance for the period of paid parental leave at the time the parental leave commences, or may elect to be paid the entitlement on a fortnightly basis over the period of the paid parental leave.
(i) An officer is eligible, without resuming duty, for subsequent periods of parental leave in accordance with the provisions of this clause.
(3) Partner Leave
An officer who is not a primary care giver shall be entitled to a period of unpaid partner leave of up to one (1) week at the time of the birth of a child/children to his or her partner. In the case of adoption of a child this period shall be increased to up to three (3) weeks unpaid leave.
(4) Birth of a child
(a) An officer shall provide the employer with a medical certificate from a registered medical practitioner naming the officer, or the officer's partner confirming the pregnancy and the estimated date of birth.
(b) If the pregnancy results in other than a live child or the child dies in the six weeks immediately after the birth, the entitlement to paid parental leave remains intact.
(a) An officer seeking to adopt a child shall be entitled to two (2) days unpaid leave to attend interviews or examinations required for the adoption procedure. Officers working or residing outside the Perth metropolitan area are entitled to an additional day's unpaid leave. The officer may take any paid leave entitlement in lieu of this leave.
(b) If an application for parental leave has been granted for the adoption of a child, which does not eventuate, then the period of paid or unpaid parental leave is terminated. Officers may take any other paid leave entitlement in lieu of the terminated parental leave or return to work.
(5) Adoption of a child
(6) Other leave entitlements
(a) An officer proceeding on unpaid parental leave may elect to substitute any part of that leave with accrued annual leave or long service leave for the whole or part of the period of unpaid parental leave.
(b) Subject to all other leave entitlements being exhausted an officer shall be entitled to apply for leave without pay following parental leave to extend their leave by up to two (2) years. The employer's approval is required for such an extension.
(c) Any period of leave without pay must be applied for and approved in advance and will be granted on a year-by-year basis. Where both partners work for the employer the total combined period of leave without pay following parental leave will not exceed two (2) years.
(d) An officer on parental leave is not entitled to paid sick leave and other paid absences other than as specified in subclause (6) (a) and (6) (e).
(e) Should the birth or adoption result in other than the arrival of a living child, the officer shall be entitled to such period of paid sick leave or unpaid leave for a period certified as necessary by a registered medical practitioner. Such paid sick leave cannot be taken concurrently with paid parental leave.
(f) Where a pregnant officer not on parental leave suffers illness related to the pregnancy or is required to undergo a pregnancy related medical procedure the officer may take any paid sick leave to which the officer is entitled or unpaid leave for a period as certified necessary by a registered medical practitioner.
(7) Notice and Variation
(a) The officer shall give not less than four (4) weeks notice in writing to the employer of the date the officer proposes to commence paid or unpaid parental leave stating the period of leave to be taken.
(b) An officer seeking to adopt a child shall not be in breach of subclause (7) (a) by failing to give the required period of notice if such failure is due to the requirement of the adoption agency to accept earlier or later placement of a child, or other compelling circumstances.
(c) An officer proceeding on parental leave may elect to take a shorter period of parental leave and may at any time during that period elect to reduce or extend the period stated in the original application, provided four (4) weeks written notice is provided.
(8) Transfer to a Safe Job
Where illness or risks arising out of pregnancy or hazards connected with the work assigned to the pregnant officer make it inadvisable for the officer to continue in her present duties, the duties shall be modified or the officer may be transferred to a safe position at the same classification level until the commencement of parental leave.
(9) Replacement Officer
Prior to engaging a replacement officer the employer shall inform the person of the temporary nature of the employment and the entitlements relating to the return to work of the officer on parental leave.
(10) Return to Work
(a) An officer shall confirm the intention to return to work by notice in writing to the employer not less than four (4) weeks prior to the expiration of parental leave.
(b) Where an employer has made a definite decision to introduce major changes that are likely to have a significant effect on the officer’s position the employer shall notify the officer while they are on parental leave.
(c) An officer on return to work from parental leave will be entitled to the same position or a position equivalent in pay, conditions and status and commensurate with the officer’s skill and abilities as the substantive position held immediately prior to proceeding on parental leave. Where the officer was transferred to a safe job the officer is entitled to return to the position occupied immediately prior to transfer.
(d) An officer may return on a part time or job-share basis to the substantive position occupied prior to the commencement of leave or to a different position at the same classification level in accordance with Clause 9. – Part-Time Employment of this Award.
(e) Officers who return to work on a part time basis have access to the right of reversion provisions of Clause 9. – Part-Time Employment of this Award.
(11) Effect of Parental Leave on the Contract of Employment
(a) An officer employed for a fixed term contract shall have the same entitlement to parental leave, however the period of leave granted shall not extend beyond the term of that contract.
(b) Paid parental leave will count as qualifying service for all purposes of this Award. Absence on unpaid parental leave shall not break the continuity of service of officers but shall not be taken into account in calculating the period of service for any purpose of this Award.
(c) An officer on parental leave may terminate employment at any time during the period of leave by written notice in accordance with subclause (3) of Clause 8. – Contract of Service of this Award.
(d) An employer shall not terminate the employment of an officer on the grounds of the officer’s application for parental leave or absence on parental leave but otherwise the rights of the employer in respect of termination of employment are not affected.
