AP772288 - CSIRO (Salaries and Conditions of Service) Award 1999
25.1 Application: This provision applies to all employees who are entitled to paid sick leave.
25.1.2 Confinement is defined as the birth of a child, or other termination of the pregnancy, that occurs not earlier than 20 weeks before the expected date of birth.
25.2 Maximum absence: An employee is entitled to a maximum of 52 weeks leave of absence (including the period of required absence and public holidays) for each confinement.
25.3 Paid leave entitlement: An eligible employee is entitled to up to 12 weeks paid leave. The rate of pay for the period of paid absence will be calculated as for sick leave on full pay.
25.3.1 Where an employee becomes eligible for payment under this clause during the first 12 weeks of her maternity leave absence, she can receive payment for the period between becoming eligible for payment and the end of the first 12 weeks of maternity leave absence.
25.3.2 Where an officer eligible for paid maternity leave resumes duty during the first 12 weeks of her maternity leave absence, she retains the right to resume paid maternity leave at any time up to a maximum of 12 weeks' paid leave.
25.4 Eligibility: To be entitled to paid maternity leave an employee must have completed 12 months’ continuous service, either:
25.4.1 under the Public Service Act;
25.4.2 with an authority, or as a person, prescribed by the Maternity Leave Regulations under the Maternity Leave (Commonwealth Employees) Act 1973.
25.4.3 with an employing authority established for a public purpose by a Commonwealth statute or within the meaning of Part IV of the Public Service Act.
25.5 Specified term employees: Whilst specified term employees may be entitled to periods of paid or unpaid maternity leave, such leave can only be approved for periods occurring within the duration of their appointment. No leave can be approved to take effect after the intended date of expiry of the employment.
25.6 Maternity Leave - Grant of Leave
25.6.1 Where an employee on maternity leave applies for paid leave at any time after the expiration of the required absence, and is eligible for that leave, the application will be granted.
25.6.2 An employee who is pregnant is required to be absent from duty 6 weeks before the expected date of confinement until 6 weeks after the actual date of birth of the child, unless the employee provides a doctor’s certificate declaring that the employee is fit to either continue or return to duty and CSIRO gives permission in writing.
25.6.2(a) In cases where an employee is confined earlier than 6 weeks before the expected date of birth the required absence commences on the date of birth and continues for 6 weeks with the 52 week period of maternity leave absence commencing from the date of confinement.
25.7 Leave to count as service: The first 12 weeks of maternity leave, whether paid or unpaid, will count as service for all purposes. Further periods of unpaid maternity leave will not count as service for any purpose but do not break an employee’s continuity of service.
25.8 Placement and classification on return to duty: Upon return to duty an employee will resume duty at the previous classification and will be placed (after the 52 weeks' period) in the former position held if it is vacant, or in a position of the same classification.
