AP839983 - Airline Operations - Licensed Aircraft Engineers - Qantas Airways Limited - Award 2005
Subject to the terms of this clause, employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.
The provisions of this clause apply to full-time and regular part-time employees, but do not apply to casual employees.
25.1 Definitions
25.1.1 For the purpose of this clause child means a child of the employee under the age of one year except for adoption of a child where child means a person under the age of five years who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.
25.1.2 Subject to 25.1.3, in this clause, spouse includes a de facto or former spouse.
25.1.3 In relation to 25.5, spouse includes a de facto spouse but does not include a former spouse.
25.2 Basic entitlement
25.2.1 After 12 months continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.
25.2.2 Subject to 25.3.6, parental leave is available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take:
25.2.2(a) for maternity and paternity leave, an unbroken period of up to one week at the time of the birth of the child;
25.2.2(b) for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.
25.3 Maternity leave
25.3.1 An employee must provide notice to the employer in advance of the expected date of confinement of parental leave. The notice requirements are:
25.3.1(a) of the expected date of confinement (including a certificate from a registered medical practitioner stating that she is pregnant) - at least ten weeks;
25.3.1(b) of the date on which the employee proposes to commence maternity leave and the period of leave to be taken - at least four weeks.
25.3.2 When the employee gives notice under 25.3.1(a), the employee must also provide a statutory declaration stating the particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.
25.3.3 An employee is not in breach of this clause if she fails to give the prescribed period of notice because the birth occurs earlier than the presumed date.
25.3.4 Subject to 25.2.1 and unless otherwise agreed between the employer and the employee, an employee may commence parental leave at any time within the six weeks immediately prior to the expected date of birth.
25.3.5 If an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, the Company may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.
25.3.6 Special maternity leave
25.3.6(a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.
25.3.6(b) Where an employee is suffering from an illness not related to the direct consequences of the confinement, the employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave.
25.3.7 Where leave is granted under 25.3.4 during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that the time does not exceed four weeks from the recommencement date desired by the employee.
25.4 Paternity leave
An employee will provide to the employer at least ten weeks prior to each proposed period of paternity leave:
25.4.1 a certificate from a registered medical practitioner which names his spouse, states that she is pregnant, and the expected date of confinement, or states the date on which the birth took place; and
25.4.2 written notification of the dates on which he proposes to start and finish the period of leave; and
25.4.3 a statutory declaration stating;
25.4.3(a) he will take that period of paternity leave to become the primary care-giver of a child;
25.4.3(b) particulars of any period of maternity leave sought or taken by his spouse; and
25.4.3(c) that for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.
25.5 Adoption leave
25.5.1 The employee will notify the Company at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.
25.5.2 Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating:
25.5.2(a) the employee is seeking adoption leave to become the primary care-giver of the child;
25.5.2(b) particulars of any period of adoption leave sought or taken by the employee’s spouse; and
25.5.2(c) that for the period of adoption leave the employee will not engage in any conduct inconsistent with his or her contract of employment.
25.5.3 An employer may require an employee to provide confirmation from the appropriate government authority of the placement.
25.5.4 Where the placement of the child for adoption with an employee does not proceed or continue, the employee will notify the employer immediately and the employer will nominate a time not exceeding four weeks from the receipt of notification for the employee’s return to work.
25.5.5 An employee is not in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.
25.6 Variation of the period of parental leave
25.6.1 Provided that the maximum period of parental leave does not exceed the period provided for in 25.2, an employee may apply to the Company to extend the period of parental leave on one occasion, or on more than once occasion if the Company agrees.
25.6.2 The employee must give at least 14 days written notice to the Company of the period by which the leave is to be extended.
25.6.3 The period of parental leave may, with the consent of the Company, be shortened by the employee giving at least 14 days written notice of the period by which the leave is to be shortened.
25.7 Parental leave and other leave entitlements
An employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued subject to the total entitlements not exceeding 52 weeks.
25.8 Transfer to a safe job
25.8.1 Where an employee is pregnant, and in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, 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 the maternity leave.
25.8.2 If the transfer to a safe job is not practicable, the employee may elect, or the employer may require the employee, to commence parental leave for such period as is certified necessary by a registered medical practitioner.
25.9 Return to work after parental leave
25.9.1 An employee will notify the Company of his or her intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.
25.9.2 An employee is entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to 25.8, the employee will be entitled to return to the position they held immediately before such transfer.
25.9.3 Where such position no longer exists but there are other positions available for which the employee is qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.
25.10 Replacement employees
25.10.1 A replacement employee is an employee specifically engaged or temporarily transferred or promoted as a result of an employee proceeding on parental leave.
25.10.2 Before the Company engages a replacement employee the Company must inform that person of:
25.10.2(a) the temporary nature of the employment; and
25.10.2(b) the rights of the employee who is being replaced.
