AP766738CRV - Adult and Community Education Professional Administrative Clerical Computing and Technical (PACCT) Staff Award 1999
28.1 Employees with less than 12 months continuous service
28.1.1 An employee who has completed a continuous period of less than 12 months service and who submits to the employer a certificate from a medical practitioner stating that she is pregnant and specifying the expected date of confinement is entitled to leave without pay for a continuous period of 52 weeks. Such leave without pay must be taken within the period from 20 weeks before the expected date of confinement to 52 weeks after the commencement of the period of leave.
28.1.2 An employee whose pregnancy having proceeded for a period of not less than 20 weeks terminates other than by the birth of a living child, is where maternity leave has not commenced, entitled to such a period of leave, being paid sick leave or unpaid leave, as a medical practitioner certifies to be necessary before her return to work;
It is the right of the employee to resume work no later than 4 weeks after giving written notice to the employer that she desires to resume work.
28.1.3 An employee is entitled to maternity leave where a pregnancy terminates within 20 weeks of the expected date of confinement.
28.2 Employees with 12 months or more continuous service.
28.2.1 An employee who has completed 12 months continuous service and who submits to the employer a certificate from a medical practitioner stating that she is pregnant and specifying the expected date of confinement is entitled to:
28.2.1(a) leave on full pay for a continuous period of 12 weeks, to include a period of at least 6 weeks from the date of confinement, and
28.2.1(b) such additional leave without pay as will bring the aggregate leave to a continuous period of 52 weeks. Such leave without pay must be taken within the period from 20 weeks before the expected date of confinement to 52 weeks after the actual date of confinement.
28.2.2 An employee whose pregnancy having proceeded for a period of not less than 20 weeks terminates other than by the birth of a living child is:
28.2.2(a) where maternity leave has not commenced, be entitled to paid leave as per clause 28.2.1, or
28.2.2(b) where maternity leave has commenced be entitled to the balance of paid leave as per clause 28.2.1 and such leave, being accumulated sick leave or unpaid leave as a medical practitioner certifies to be necessary before her return to work.
28.2.3 An employee to be eligible for a subsequent period of paid maternity leave must have returned to work.
28.3 Return to work after maternity leave
28.3.1 An employee must confirm her intention to return to work by notifying the Chairperson in writing not less than four weeks prior to the expiration of the period of maternity leave or of the period of leave granted in accordance with this clause.
28.3.2 Upon the expiration of the period of leave the employee is entitled to resume work on a full-time or part-time basis as the case may be on her substantive classification and salary with duties commensurate with her qualifications and experience and as far as practicable similar to those performed by her prior to the commencement of maternity leave.
28.4 An employee is entitled to maternity leave where a pregnancy terminates within twenty weeks of the expected date of confinement.
28.5 Any period of paid leave granted under clause 28 is counted as service for the purpose of determining incremental progression, sick leave, recreation leave and long service leave.
28.5.1 Any leave of absence taken pursuant to clause 28 must not be considered as a break in service for any purpose.
