AT765517 - Airline Operations - Flight Attendants’ Long Haul - Qantas Airways Limited - Award 2000 [Transitional]
Subject to the terms of this clause flight attendants (other than casual and temporary flight attendants) are entitled to maternity, paternity and adoption leave in connection with the birth or adoption of a child.
27.1 Definitions
27.1.1 For the purposes of this clause, continuous service means service under an unbroken contract of employment and includes:
27.1.2 Child means:
27.1.2(a) for the purposes of 27.3 and 27.4 only , a child of the flight attendant or the flight attendant's spouse under the age of one year;
27.1.2(b) for the purposes of 27.5 only, a person under the age of five years who is placed with the flight attendant for the purposes of adoption. This does not include a child or step-child of the flight attendant or of the spouse of the flight attendant, or a child who has previously lived continuously with the flight attendant for a period of six months or more.
27.1.3 Female flight attendant means an employed female who is pregnant or is caring for a child she has borne or a child who has been placed with her for adoption purposes.
27.1.4 Former position means the position held by a flight attendant immediately before proceeding on leave, or to a safe job under this clause, whichever is first.
27.1.5 Male flight attendant means an employed male who is caring for a child born of his spouse or a child placed with him for adoption purposes.
27.1.6 Primary care-giver means a person who assumes the principal role of providing care and attention to a child.
27.1.7 Relative adoption means occurs where a child, as defined for the purpose of adoption leave, is adopted by a grandparent, brother, sister, aunt or uncle (whether of the whole blood, or half blood or by marriage).
27.1.8 Replacement flight attendant means a flight attendant who is specifically engaged:
27.1.9 Spouse includes a de facto or a former spouse.
27.2 Basic entitlement
27.2.1 Other than the provisions of 27.3.1, 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.
27.2.2 Parental leave must not extend beyond one year from the date of birth or placement of the child.
27.2.3 For female flight attendants, maternity leave may be taken and for male flight attendants, paternity leave may be taken. Adoption leave may be taken in the case of adoption.
27.2.4 Parental leave is available to only one parent at a time, except that both parents may simultaneously access the leave in the following circumstances:
27.2.4(a) for maternity and paternity leave, an unbroken period of one week at the time of the birth of the child;
27.2.4(b) for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.
Parental leave may only be taken by the flight attendant in order for that flight attendant to be the primary care-giver of the child.
27.3 Maternity leave
27.3.1 Period of maternity leave
27.3.1(a) Subject to 27.3.5 the period of maternity leave must be unbroken.
27.3.1(b) After becoming pregnant, a flight attendant must cease flying no later than either:
The provisions of this clause will be determined every twelve months by the parties having regard to medical evidence.
27.3.1(c) A flight attendant may commence maternity leave at any stage of her pregnancy. Once commenced, a flight attendant is entitled to 52 weeks maternity leave or 40 weeks post birth, whichever is the longer period.
27.3.1(d) A minimum of six weeks maternity leave must be taken immediately after the baby's birth.
27.3.1(e) Flight Attendants may extend beyond the 40 weeks by taking any unused annual leave and/or long service leave to a maximum of 52 weeks post birth.
27.3.2 Notice of maternity leave
27.3.2(a) A female flight attendant must provide the Company with the following:
27.3.2(a)(i) a certificate from a registered medical practitioner stating that she is pregnant and the expected date of birth;
27.3.2(a)(ii) written notice of the date upon which she proposes to commence maternity leave and the period of leave to be taken. This must be provided to the Company (if practicable) at least four weeks prior to the commencement of maternity leave;
27.3.2(a)(iii) a statutory declaration stating 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. This must be provided at least four weeks prior to the commencement of maternity leave.
27.3.2(b) A flight attendant is not in breach of this clause if she fails to give the prescribed period of notice because the birth occurs earlier than the expected date.
27.3.3 If the pregnancy is terminated for any reason, the flight attendant must return to duty as soon as passed medically fit and subject to meeting the required standard.
27.3.4 If, in the case of maternity leave, a flight attendant resumes duty following the birth of a child or termination of a pregnancy, the flight attendant is entitled to a payment of sick leave for a period of six weeks (which will be deducted from the sick leave accrual) or if the period of sick leave accrual is less, the amount of the sick leave accrued. The payment will not be available until after the flight attendant has resumed duties for a period of eight weeks, unless:
27.3.4(a) the flight attendant is unable to continue their career as a flight attendant on medical grounds; and
27.3.4(b) this is supported by a certificate from a legally qualified medical practitioner
in which case the payment will be made at that time.
27.3.5 Special maternity leave and sick leave
27.3.5(a) If the pregnancy of a flight attendant terminates after 28 weeks other than with the birth of a living child and the flight attendant has not commenced maternity leave at that time, the flight attendant may take unpaid special maternity leave of such period as a registered medical practitioner certifies is necessary.
27.3.5(b) If the flight attendant is suffering from an illness not related to the direct consequences of birth, the flight attendant may take as much of her paid sick leave entitlement as a registered medical practitioner certifies is necessary, in lieu of, or in addition to, special maternity leave.
27.3.5(c) If a flight attendant not on maternity leave suffers illness related to her pregnancy, she may take as much of her paid sick leave entitlements and such further unpaid special maternity leave as a registered practitioner certifies is necessary, provided that the aggregate of paid sick leave, special maternity leave and maternity leave does not exceed the period to which the flight attendant is entitled under 27.3.1.
27.3.5(d) For the purposes of 27.3.1 maternity leave includes special maternity leave.
27.3.6 A flight attendant may apply for any annual leave or long service leave due during a period of maternity leave.
27.3.7 The period of maternity leave will count as service for all purposes of this award.
27.4 Paternity Leave
27.4.1 Period of paternity leave
Paternity leave may be taken in one or two periods.
27.4.2 Notice requirements for paternity leave
27.4.2(a) A male flight attendant must, at least ten weeks prior to each proposed period of leave, provide the Company with:
27.4.2(a)(i) a certificate from a registered medical practitioner which names his spouse, states that she is pregnant, and the expected date of birth, or the date on which the birth took place;
27.4.2(a)(ii) a statutory declaration which:
27.4.2(a)(iii) written notice of the dates on which the flight attendant proposes to start and finish the period of leave.
27.4.2(b) The flight attendant must also immediately notify the Company of any change in the information provided to the Company under this clause.
27.4.2(c) A flight attendant may apply for annual leave or long service leave for a period of two weeks on the birth of the child.
27.4.2(d) A flight attendant is not in breach of this clause because he fails to give the required notice for any of the following reasons:
27.5 Adoption Leave
27.5.1 Period of adoption leave
Adoption leave may be taken in one or two periods.
27.5.2 Notice requirements for adoption leave
27.5.2(a) Before taking adoption leave, a flight attendant must provide the Company with:
27.5.2(a)(i) a statement from an adoption agency or other appropriate body of the presumed date of placement of the child with the flight attendant for adoption purposes or a statement from the appropriate government authority confirming that the flight attendant is to have custody of the child pending application for an adoption order.
27.5.2(a)(ii) in relation to any proposed period of adoption leave, a statutory declaration stating:
27.5.2(b) If a flight attendant receives notice of approval of adoption, or, in the case of relative adoption, decides to take a child into custody pending an application for an adoption order, the flight attendant must:
27.5.2(b)(i) upon receiving the approval or making the decision, notify the Company of the approval or decision; and
27.5.2(b)(ii) within two months of the approval or decision, notify the Company of the period or periods of adoption leave the flight attendant proposes to take.
27.5.2(c) As soon as the flight attendant is aware of the expected date of placement of a child for adoption purposes, but no less than 14 days before the placement, the flight attendant must give written notice to the Company of the date of placement, and of the date of the commencement of any period of adoption leave to be taken at the time of placement of the child.
27.5.2(d) At least ten weeks before the proposed date of commencement of any period of adoption leave other than leave at the time of placement of the child, the flight attendant must give written notice to the Company of the date of commencement of the period of leave and the period of leave to be taken.
27.5.2(e) If, before commencing employment, a flight attendant receives approval for adoption purposes, the flight attendant must, upon commencing employment, notify the Company of the approval and the period or periods of adoption leave which the flight attendant proposes to take. Nothing in this subclause confers an entitlement on a flight attendant to take adoption leave otherwise than in accordance with 27.2.
27.5.2(f) A flight attendant is not in breach of this subclause because the flight attendant fails to give the required period of notice for one of the following reasons:
27.5.3 Special adoption leave
27.5.3(a) The Company must grant any flight attendant who is seeking to adopt a child up to two days unpaid leave to allow the flight attendant to attend any compulsory interviews or examinations as part of the adoption procedure.
27.5.3(b) The Company can require the flight attendant to take any paid leave available to the flight attendant in lieu of special leave.
27.6 Variation of period of parental leave
27.6.1 Provided that the maximum period of parental leave does not exceed the period provided for in 27.2, a flight attendant 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.
27.6.2 The flight attendant must give at least 14 days written notice to the Company of the period by which the leave is to be extended.
27.6.3 The period of parental leave may, with the consent of the Company, be shortened by the flight attendant giving at least 14 days written notice of the period by which the leave is to be shortened.
27.7 Cancellation of parental leave
If the pregnancy of a flight attendant or a flight attendant's spouse terminates other than by the birth of a living child or the placement of a child does not proceed or continue:
27.7.1 if parental leave has been applied for but not commenced, the parental leave must be cancelled;
27.7.2 if the flight attendant is on maternity leave, the flight attendant may give the Company written notice that she wishes to resume work. The flight attendant may resume work at a time nominated by the Company. This time must not exceed four weeks from the date of the written notice provided by the flight attendant;
27.7.3 if the flight attendant is on adoption leave, the flight attendant must immediately notify the Company in writing. The Company must nominate a date within four weeks of the date the notice was received, for the flight attendant to resume work.
27.8 Parental leave and other leave entitlements
27.8.1 A flight attendant may take, in lieu of or in conjunction with parental leave, any annual leave or long service leave, or any part of such leave, to which the flight attendant is entitled. The aggregate amount of leave taken, including leave taken under this subclause, must not exceed the period to which the flight attendant is entitled under 27.2.
27.8.2 With the exception of 27.3.4, paid sick leave or other paid absences authorised under this award (excluding annual leave and long service leave) are not available to a flight attendant during his or her absence on parental leave.
27.9 Effect of parental leave on employment
Despite any award or other provision to the contrary, absence on parental leave does not break the continuity of service of a flight attendant. With the exception of 27.3.4, an absence on parental leave may not be taken into account in calculating the period of service for any purpose of any relevant award or agreement.
27.10 Return to work after parental leave
27.10.1 A flight attendant must provide the Company with written confirmation of his or her intention to return to work at least four weeks prior to the expiration of the flight attendant's period of parental leave.
27.10.2 Upon returning to work after a period of parental leave (including special maternity leave) or after the expiration of the notice required under 27.10.1, a flight attendant is entitled to his or her former position. A flight attendant may exercise the option to change this position or resign from the Company.
27.10.3 If the flight attendant's former position no longer exists but there are other positions available for which the flight attendant is qualified and the duties of which the flight attendant is capable of performing, the flight attendant is entitled to be given a position as nearly comparable in status and pay to that of his or her former position.
27.11 Replacement flight attendants
27.11.1 If the Company hires a replacement flight attendant to fill the position of a flight attendant on parental leave or the position of a flight attendant transferred or promoted in order to replace a flight attendant on parental leave, the Company must inform the replacement flight attendant of the temporary nature of the employment; and the rights of the flight attendant who is being replaced.
27.11.2 Any flight attendant who is transferred or promoted under this clause must also be informed of the temporary nature of the transfer or promotion; and the rights of the flight attendant who is being replaced.
27.12 Termination of employment
A flight attendant on parental leave may terminate his or her employment at any time during the period of leave by giving notice in accordance with 14.1. The Company may also terminate the employment of a flight attendant on Parental leave, in accordance with this award.
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