AT801922 - Victorian Catholic Schools and Catholic Education Offices Award 1998 [Transitional]

APPENDIX 1

1. PARENTAL LEAVE

Subject to the terms of this Appendix employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.

1.1 Maternity leave

1.1.1 Eligibility

1.1.1(a) If an employee becomes pregnant, she shall, subject to the conditions hereunder, be entitled to maternity leave in accordance with the provisions of this Appendix.

1.1.1(b) Conditions of eligibility:

1.1.1(b)(i) she is a full-time employee (including a first assistant) or she is a part-time employee whose teaching allotment is not less than three hours per week, but not an emergency teacher or casual employee;

1.1.1(b)(ii) she has had not less than 42 consecutive school weeks continuous service in Catholic education in Victoria immediately preceding the date upon which she proceeds on such leave;

1.1.1(b)(iii) she shall produce to the employer a certificate from a legally qualified medical practitioner stating the presumed date of her confinement;

1.1.1(b)(iv) she shall produce 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;

1.1.1(b)(v) unregistered teachers are advised to seek the approval of the Registered Schools Board prior to commencing such leave so as not to prejudice future employment.

1.1.1(c) Such leave shall be without pay unless and to the extent to which the employers in their sole discretion shall grant it with pay, save and except that the employer will at the time of confinement of an employee who is eligible for maternity leave, make a payment equal to 6 week's pay at the employee's ordinary rate of pay, such payment being directly proportional to a period that would otherwise be unpaid.

1.1.1(d) The employee's entitlement shall be reduced by any period of paternity leave taken by the employee's spouse in relation to the same child and, apart from paternity leave of up to one week at the time of confinement, shall not be taken concurrently with paternity leave.

1.1.2 Single period of maternity leave and commencement

1.1.2(a) Subject to 1.1.3 and 1.1.6 hereof, the period of maternity leave shall be for an unbroken period of from six to 104 weeks and shall include a period of six weeks compulsory leave to be taken immediately following confinement. Save that for a replacement or relieving employee, that period of leave shall not extend beyond the period for which they have been engaged as a replacement or relieving employee.

1.1.2(b) An employee shall not less than fifteen weeks prior to the presumed date of confinement produce to her employer the certificate referred to in 1.1.1(b)(iii) above and give notice in writing to her employer setting out the presumed date of confinement.

1.1.2(c) An employee shall give not less than seven weeks notice in writing to her employer of the date upon which she proposes to commence maternity leave stating the period of leave to be taken.

1.1.2(d) Where the 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, an employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.

1.1.2(e) An employee shall not be in breach of this provision as a consequence of failure to give the stipulated period of notice in accordance with paragraph 1.1.2(c) hereof if such failure is occasioned by the confinement occurring earlier than the presumed date.

1.1.3 Further period of maternity leave resulting from a subsequent pregnancy

For the purposes of this Clause a further period of maternity leave shall mean a period of maternity leave resulting from a subsequent pregnancy taken without a return to work from an initial period of maternity leave and shall be deemed to be a new and separate period of maternity leave.

1.1.3(a) When an employee who is already on maternity leave under this Clause applies for a further period of leave because of a subsequent pregnancy, the period of maternity leave shall be for an agreed period and shall commence from the date of confinement and shall cease at either the start of the next school year or the start of the year following as determined by the employee.

1.1.3(b) Application for a subsequent period of maternity leave shall comply with the provisions contained in 1.1.1 and 1.1.2(a), 1.1.2(b), 1.1.2(c) and 1.1.2(e) above.

1.1.4 Transfer to a safe job

1.1.4(a) When in the opinion of a legally qualified 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 shall, 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 maternity leave.

1.1.4(b) If the transfer to a safe job is not practicable, the employee may, or the employer may require the employee to take leave for such period as is certified necessary by a legally qualified medical practitioner and such leave shall be treated as maternity leave for the purposes of 1.1.9, 1.1.10, 1.1.11 and 1.1.13 hereof.

1.1.5 Variation of maternity leave

1.1.5(a) Provided the addition does not extend each period of maternity leave beyond 104 weeks, the period may be lengthened only once (save with the agreement of the employer) by the employee giving not less than 21 days notice in writing stating the period by which the leave is to be lengthened.

1.1.5(b) The period of leave may, with the consent of the employer, be shortened by the employee giving not less than seven working weeks notice in writing stating the period by which the leave is to be shortened.

1.1.5(c) Subject to 1.1.3(a) of this subclause, the provisions of 1.1.5(a) and 1.1.5(b) above apply to those employees taking further periods of leave, unless the employer consents.

1.1.6 Cancellation of maternity leave

1.1.6(a) Maternity leave applied for but not commenced shall be cancelled where the pregnancy of an employee terminates other than by the birth of a living child.

1.1.6(b) Where the pregnancy of an employee then on maternity leave terminates other than by the birth of a living child, it shall be the right of the employee to resume work at a time nominated by the employer (which shall be no later than the beginning of the next succeeding term from the date of the notice in writing by the employee to the employer that she wishes to resume work).

1.1.7 Special maternity leave and sick leave

1.1.7(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:

1.1.7(a)(i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a legally qualified medical practitioner certifies as necessary before her return to work; or

1.1.7(a)(ii) for illness other than the normal consequences of confinement she shall be entitled either in lieu of or in addition to special maternity leave to such paid sick leave to which she is then entitled and which a duly qualified medical practitioner certifies as necessary before her return to work.

[Appx 1:1.1.7(b) substituted by PR962962 ppc 22Sep05]

1.1.7(b) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take such sick leave to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a legally qualified medical practitioner certifies as necessary before her return to work.

[Appx 1:1.1.7(c) substituted by PR962962 ppc 22Sep05]

1.1.7(c) For the purposes of 1.1.9 and 1.1.10 maternity leave shall include special maternity leave.

1.1.7(d) An employee returning to work after a period of leave taken pursuant to this subclause shall, subject to paragraph 1.1.7(e), be entitled to a position commensurate with her qualifications and experience.

1.1.7(e) A part-time employee shall be entitled to return to a position which includes the same number of hours per week but not necessarily the same times or class levels.

1.1.8 Maternity leave and other entitlements

Provided the aggregate of leave, including leave taken pursuant to 1.1.4 and 1.1.7 hereof, does not exceed 104 weeks for each period of maternity leave or does not negate the obligation to return to work at the beginning of the school year for further periods of maternity leave as defined in 1.1.3(a):

1.1.8(a) an employee may in lieu of or in conjunction with maternity leave take any annual leave or long service leave or any part thereof to which she is then entitled;

1.1.8(b) paid sick leave or other paid authorised absences under this Award (excluding annual leave or long service leave taken in conjunction with maternity leave) shall not be available to an employee during her absence on maternity leave.

1.1.9 Effect of maternity leave on employment

Notwithstanding any provision to the contrary, absence on maternity leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of this Award provided that absence on maternity leave shall count for purposes of 1.1.1(b)(ii) above.

1.1.10 Termination of employment

1.1.10(a) An employee on maternity leave may terminate her employment at any time during the period of leave by due notice given.

1.1.10(b) An employer shall not terminate the employment of an employee on the ground of her pregnancy or of her absence on maternity leave but otherwise the rights of an employer in relation to termination of employment are not hereby affected.

1.1.11 Return to work after a single period of maternity leave

1.1.11(a) Except as provided in 1.1.11(b) hereof, an employee will return to work only from the beginning of a school term, preferably from the beginning of a school year and will indicate her intention of returning to work by giving in writing not less than seven working weeks notice wholly within a school term, that notice to be immediately prior to the proposed school term of commencement.

1.1.11(b) An employer may by agreement with the employee arrange for an employee to return to work at some date earlier than the commencement of a school term.

1.1.11(c) Provided the notice required pursuant to 1.1.11(a) above has been given, an employee shall be entitled to a position commensurate with her qualifications and experience.

1.1.11(d) A part-time employee shall be entitled to return to a position which includes the same number of hours per week, but not necessarily the same times or class levels.

1.1.11(e) If no confirmation of an intention to return is received, the employer shall take reasonable steps of enquiry prior to making other arrangements.

1.1.12 Return to work from a further period of maternity leave resulting from a subsequent pregnancy

1.1.12(a) An employee will return to work only from the beginning of a school year and will indicate her intention of returning to work by giving in writing not less than seven working weeks notice wholly within a school term in the school year prior to the intended return.

1.1.12(b) Return to work from a further period of maternity leave resulting from a subsequent pregnancy will comply with the provisions in 1.1.11(b), 1.1.11(c), 1.1.11(d) and 1.1.11(e) of this Clause.

1.1.13 Replacement employees

1.1.13(a) An employee specifically engaged as a result of an employee proceeding on maternity leave will normally be a replacement employee provided however that such replacement employee does not have to fill the job vacated by the employee proceeding on maternity leave.

1.1.13(b) Before an employer engages a replacement employee under this subclause, the employer shall inform that person of the temporary nature of the employment and the rights of the employee who is being replaced.

1.1.13(c) Before an employer temporarily promotes or transfers an employee to replace an employee exercising her rights under this Clause the employer shall inform that person of the temporary nature of the promotion or transfer and the rights of the employee who is being replaced.

1.1.13(d) Nothing in this subclause shall be construed as requiring an employer to engage a replacement employee.

1.2 Paternity leave

1.2.1 Conditions of eligibility:

1.2.1(a) he is a full-time employee (including a first assistant) or he is a part time employee whose teaching allotment is not less than three hours per week, but not an emergency teacher or casual employee;

1.2.1(b) he has had not less than 42 consecutive school weeks continuous service in Catholic education in Victoria immediately preceding the date upon which he proceeds on such leave;

1.2.1(c) he shall produce to the employer a certificate from a legally qualified medical practitioner stating the name of his spouse, that she is pregnant and the presumed date of her confinement;

1.2.1(d) he shall produce a statutory declaration stating the period of paternity leave he will take, the particulars of any period of maternity leave sought or taken by his spouse, and that for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment;

1.2.1(e) unregistered teachers are advised to seek the approval of the Registered schools Board prior to commencing such leave so as not to prejudice future employment;

1.2.1(f) such leave shall be without pay unless and to the extent to which the employers in their sole discretion shall grant it with pay;

1.2.1(g) the employee's entitlement shall be reduced by any period of maternity leave taken by the employee's spouse in relation to the same child and, apart from paternity leave of up to one week at the time of confinement, shall not be taken concurrently with maternity leave.

1.2.2 Single period of paternity leave and commencement

1.2.2(a) Subject to 1.2.3 and 1.2.5 hereof, the period of paternity leave shall be for an unbroken period of from one to 104 weeks and shall include a period of one week which can be taken on the confinement of the spouse. Save that for a replacement or relieving employee, that period of leave shall not extend beyond the period for which they have been engaged as a replacement or relieving employee.

1.2.2(b) An employee shall not less than fifteen weeks prior to each proposed period of leave, give the employer the certificate referred to in 1.2.1(c) above.

1.2.2(c) An employee shall give not less than seven weeks notice in writing to his employer setting out the dates on which he will start and finish the period or periods of leave.

1.2.2(d) An employee shall not be in breach of this provision as a consequence of failure to give the stipulated period of notice in accordance with paragraph 1.2.2(c) hereof if such failure is due to:

1.2.2(d)(i) the birth occurring earlier than expected; or

1.2.2(d)(ii) the death of the mother of the child; or

1.2.2(d)(iii) other compelling circumstances.

1.2.2(e) the employee shall immediately notify his employer of any change in the information provided pursuant to 1.2.1(d) above.

1.2.3 Further period of paternity leave resulting from a subsequent pregnancy

For the purposes of this Clause a further period of paternity leave shall mean a period of paternity leave resulting from a subsequent pregnancy taken without a return to work from an initial period of paternity leave and shall be deemed to be a new and separate period of paternity leave.

1.2.3(a) When an employee who is already on paternity leave under this Clause applies for a further period of leave because of a subsequent pregnancy, the period of paternity leave shall be for an agreed period and shall commence from the date of confinement and shall cease at either the start of the next school year or the start of the year following as determined by the employee.

1.2.3(b) Application for a further period of paternity leave shall comply with the provisions contained in 1.2.1 and 1.2.2 above, save that this will not require an employee currently on paternity leave to return to work during the period of compulsory maternity leave of the mother following the birth of another child.

1.2.4 Variation of paternity leave

1.2.4(a) Provided the addition does not extend each period of paternity leave beyond 104 weeks, the period may be lengthened only once (save with the agreement of the employer) by the employee giving not less than twenty-one days notice in writing stating the period by which the leave is to be lengthened.

1.2.4(b) The period of leave may, with the consent of the employer, be shortened by the employee giving not less than seven working weeks notice in writing stating the period by which the leave is to be shortened.

1.2.4(c) Subject to 1.2.3(a) of this Clause, the provisions of 1.2.4(a) and 1.2.4(b) above do apply to those employees taking further periods of leave unless the employer consents.

1.2.5 Cancellation of paternity leave

Paternity leave applied for but not commenced shall be cancelled where the pregnancy of an employee's spouse terminates other than by the birth of a living child.

1.2.6 Paternity leave and other entitlements

Provided the aggregate of leave does not exceed 104 weeks for the first period of paternity leave or does not negate the obligation to return to work at the beginning of the school year for subsequent periods of paternity leave:

1.2.6(a) an employee may in lieu of or in conjunction with paternity leave take any annual leave or long service leave or any part thereof to which he is then entitled;

1.2.6(b) paid sick leave or other paid authorised absences under this Award (excluding annual leave or long service leave taken in conjunction with paternity leave) shall not be available to an employee during his absence on paternity leave.

1.2.7 Effect of paternity leave on employment

Notwithstanding any provision to the contrary, absence on paternity leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of this Award provided that absence on paternity leave shall count for purposes of 1.2.1(b) above.

1.2.8 Termination of employment

1.2.8(a) An employee on paternity leave may terminate his employment at any time during the period of leave by due notice given.

1.2.8(b) An employer shall not terminate the employment of an employee on the ground of his absence on paternity leave but otherwise the rights of an employer in relation to termination of employment are not hereby affected.

1.2.9 Return to work after a single period of paternity leave

1.2.9(a) Except as provided in 1.2.9(b) hereof, an employee will return to work only from the beginning of a school term, preferably from the beginning of a school year and will indicate his intention of returning to work by giving in writing not less than seven weeks notice, that notice to be immediately prior to the proposed school term of commencement.

1.2.9(b) An employer may by agreement with the employee arrange for an employee to return to work at some date earlier than the commencement of a school term.

1.2.9(c) Provided the notice required pursuant to 1.2.9(a) above has been given, an employee shall be entitled to a position commensurate with his qualifications and experience.

1.2.9(d) A part-time employee shall be entitled to return to a position which includes the same number of hours per week, but not necessarily the same times or class levels.

1.2.9(e) If no confirmation of an intention to return is received, the employer shall take reasonable steps of enquiry prior to making other arrangements.

1.2.10 Return to work from a further period of paternity leave resulting from a subsequent pregnancy

1.2.10(a) An employee will return to work only from the beginning of a school year and will indicate his intention of returning to work by giving in writing not less than seven working weeks notice wholly within a school term in the school year prior to the intended return.

1.2.10(b) Return to work from an extension to the first period of paternity leave will comply with the provisions in 1.2.9(b), 1.2.9(c), 1.2.9(d) and 1.2.9(e) above.

1.2.11 Replacement employees

1.2.11(a) An employee specifically engaged as a result of an employee proceeding on paternity leave will normally be a replacement employee provided however that such replacement employee does not have to fill the job vacated by the employee proceeding on paternity leave.

1.2.11(b) Before an employer engages a replacement employee under this subclause, the employer shall inform that person of the temporary nature of the employment and the rights of the employee who is being replaced.

1.2.11(c) Before an employer temporarily promotes or transfers an employee to replace an employee exercising his rights under this Clause the employer shall inform that person of the temporary nature of the promotion or transfer and the rights of the employee who is being replaced.

1.2.11(d) Nothing in this subclause shall be construed as requiring an employer to engage a replacement employee.

1.3 Adoption leave

1.3.1 Definitions

In this subclause:

1.3.1(a) child, in relation to an employee, means a person under the age of 5 years who is placed with the employee for the purposes of adoption and who has not previously lived continuously with the employee for a period of 6 months or more or is not a child or step-child of the employee or of the spouse of the employee.

1.3.1(b) primary care-giver means a person who assumes the principal role of providing care and attention to a child.

1.3.1(c) relative adoption occurs where a child is adopted by a parent, a spouse of a parent or another relative, being a grandparent, brother, sister, aunt or uncle (whether of the whole blood or half blood or by marriage).

1.3.2 Eligibility for adoption leave

1.3.2(a) An employee is, on production to the employer of the documentation required by 1.3.3(a) below entitled to one or two periods of adoption leave, the total of which must not exceed 104 weeks in the following circumstances:

1.3.2(a)(i) an unbroken period of up to three weeks at a time of the placement of the child (referred to in this subclause as short adoption leave);

1.3.2(a)(ii) an unbroken period of up to 104 weeks from the time of the placement of the child in order to be the primary care-giver of the child (referred to in this clause as extended adoption leave). This entitlement is to be reduced by any period of short adoption leave taken and the aggregate of any periods of adoption leave taken or to be taken by the employee's spouse in relation to the same child. Save that for a replacement or relieving employee, that period of leave shall not extend beyond the period for which they have been engaged as a replacement or relieving employee;

1.3.2(b) The employer will, at the time of placement of the child, as defined in sub-clause 1.3.1(a) make a payment of up to 6 weeks' pay at the employee's ordinary rate of pay to one parent or an aggregate of up to 6 weeks' pay to both parents employed by respondents to the above award, such payment being directly proportional to a period that would otherwise be unpaid.

1.3.2(c) Extended adoption leave is not to be taken concurrently with adoption leave taken by the employee's spouse in relation to the same child.

1.3.2(d) The employee must have had at least 42 weeks of continuous service within Catholic education in Victoria immediately preceding the date on which he or she commences either period of leave.

1.3.2(e) Unregistered teachers are advised to seek the approval of the Registered Schools Board prior to commencing such leave so as not to prejudice future employment.

1.3.3 Certification

1.3.3(a) Before taking adoption leave, the employee must produce to the employer a statement from an adoption agency or another appropriate body of the expected date of placement of the child with the employee for adoption purposes; or a statement from the appropriate government authority confirming that the employee is to have custody of the child pending application for an adoption order.

1.3.3(b) In relation to any period of extended adoption leave to be taken, the employee must also produce a statutory declaration:

1.3.3(b)(i) stating that the employee is seeking that period of adoption leave to become the primary care-giver of the child; and

1.3.3(b)(ii) stating particulars of any period of adoption leave sought or taken by the employee's spouse; and

1.3.3(b)(iii) stating the employee's agreement that for the period of his or her adoption leave he or she will not engage in any conduct inconsistent with his or her contract of employment.

1.3.4 Notice requirements

1.3.4(a) On receiving notice of approval for adoption purposes, an employee must notify his or her employer of the approval and, within two months after receiving notice of the approval, must further notify the employer of the period or periods of adoption leave which the employee proposes to take. In the case of a relative adoption, the employee must so notify the employer on deciding to take a child into custody pending an application for an adoption order.

1.3.4(b) An employee who commences employment with an employer after the date of approval for adoption purposes must notify the employer of that date on commencing employment and of the period of adoption leave which the employee proposes to take. Such an employee is not entitled to adoption leave unless he or she has not less than 42 weeks of continuous service within Catholic education in Victoria immediately preceding the date on which he or she commences the leave.

1.3.4(c) An employee must, as soon as he or she is aware of the expected date of placement of a child for adoption purposes but no later than fourteen days before the expected date of placement, give notice in writing to his or her employer of that date, and of the date of commencement of any period of short adoption leave to be taken.

1.3.4(d) An employee must, at least seven weeks before the proposed date of commencing any period of extended adoption leave to be taken, give notice in writing to the employer of the date of commencing leave and the period of leave to be taken.

1.3.4(e) An employee shall not be in breach of this clause as a consequence of failure to give the stipulated period of notice in accordance with 1.3.4(c) or 1.3.4(d) if the failure is caused by:

1.3.4(e)(ii) the requirement of an adoption agency for the employee to accept earlier or later placement of a child; or

1.3.4(e)(iii) the death of his or her spouse.

1.3.5 Variation of period of adoption leave

1.3.5(a) Provided the addition does not extend adoption leave beyond 104 weeks, the period of extended adoption leave may be lengthened once only by the employee giving not less than twenty-one days notice in writing stating the period by which the leave is to be lengthened.

1.3.5(b) The period may be further lengthened by agreement between the employer and the employee.

1.3.5(c) The period of extended adoption leave may, with the consent of the employer, be shortened by the employee giving not less than seven working weeks notice in writing stating the period by which the leave is to be shortened.

1.3.6 Cancellation of adoption leave

1.3.6(a) Adoption leave, applied for but not commenced, is cancelled should the placement of the child not proceed.

1.3.6(b) If the placement of a child for adoption purposes with an employee then on adoption leave does not proceed or continue, it shall be the right of the employee to resume work at a time nominated by the employer (which shall be no later than the beginning of the next succeeding term from the date of the notice in writing by the employee to the employer that he or she wishes to resume work).

1.3.7 Special leave

1.3.7(a) The employer must grant to any employee who is seeking to adopt a child any unpaid leave not exceeding two days that is required by the employee to attend any compulsory interviews or examinations that are necessary as part of the adoption procedure.

1.3.7(b) If paid leave is available to the employee, the employer may require the employee to take such leave instead of special leave.

1.3.8 Adoption leave and other entitlements

1.3.8(a) So long as the aggregate of any leave, including leave taken under this subclause does not exceed 104 weeks, an employee may, instead of or in conjunction with adoption leave, take any annual leave or long service leave or any part of it to which he or she is entitled.

1.3.8(b) Paid sick leave or other paid absence under this award (excluding annual leave or long service leave) is not available to an employee during the employee's absence on adoption leave.

1.3.9 Effect of adoption leave on employment

Notwithstanding any provision to the contrary, absence on adoption leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of this award provided that absence on adoption leave shall count for purposes of 1.3.2(c) above.

1.3.10 Termination of employment

1.3.10(a) An employee on adoption leave may terminate his or her employment at any time during the period of leave by due notice given.

1.3.10(b) An employer shall not terminate the employment of an employee on the ground of his or her absence on adoption leave but otherwise the rights of an employer in relation to termination of employment are not hereby affected.

1.3.11 Return to work after adoption leave

1.3.11(a) Except as provided in 1.3.11(b) hereof, an employee will return to work only from the beginning of a school term, preferably from the beginning of a school year and will indicate his or her intention of returning to work by giving in writing not less than seven weeks notice, that notice to be immediately prior to the proposed school term of commencement.

1.3.11(b) An employer may by agreement with the employee arrange for an employee to return to work at some date earlier than the commencement of a school term.

1.3.11(c) Provided the notice required pursuant to 1.3.9 above has been given, an employee shall be entitled to a position commensurate with his or her qualifications and experience.

1.3.11(d) A part-time employee shall be entitled to return to a position which includes the same number of hours per week, but not necessarily the same times or class levels.

1.3.11(e) If no confirmation of an intention to return is received, the employer shall take reasonable steps of enquiry prior to making other arrangements.

1.3.12 Replacement employees

1.3.12(a) An employee specifically engaged as a result of an employee proceeding on adoption leave will normally be a replacement employee provided however that such replacement employee does not have to fill the job vacated by the employee proceeding on adoption leave.

1.3.12(b) Before an employer engages a replacement employee under this subclause, the employer shall inform that person of the temporary nature of the employment and the rights of the employee who is being replaced.

1.3.12(c) Before an employer temporarily promotes or transfers an employee to replace an employee exercising his rights under this clause the employer shall inform that person of the temporary nature of the promotion or transfer and the rights of the employee who is being replaced.

1.3.12(d) Nothing in this subclause shall be construed as requiring an employer to engage a replacement employee.

1.4 Part-time work

1.4.1 Definitions

In this subclause:

1.4.1(a) Female employee means an employed female who is pregnant or is caring for a child whom she has borne or a child who has been placed with her for adoption purposes.

1.4.1(b) Male employee means an employed male who is caring for a child of his spouse or a child placed with the employee for adoption purposes.

1.4.1(c) Part-time employment means work of a lesser number of hours than constitutes full-time work under this award, but does not include temporary or casual work.

1.4.1(d) Former position means the position held by an employee immediately before commencing part-time employment under this subclause or, if such position no longer exists but there are other positions available for which the employee is qualified and capable of performing, a position as nearly as possible comparable in status and pay to that of the position held by the employee immediately before commencing part-time work.

1.4.2 Entitlement

With the agreement of the employer:

1.4.2(a) A female employee may work part-time in one or more periods while she is pregnant where part-time employment is, because of the pregnancy necessary or desirable;

1.4.2(b) A female employee may work part-time in one or more periods at any time from the seventh week after the date of the birth of the child until its third birthday;

1.4.2(c) A male employee may work part-time in one or more periods at any time from the date of the birth of the child until its third birthday, or in relation to adoption, from the date of placement of the child until the third anniversary of the placement;

1.4.2(d) In relation to adoption, a female or male employee may work part-time in one or more periods at any time from the date of placement of the child until the third anniversary of that date.

[Appx 1.4.2(e) inserted by PR969567 ppc 03Feb06]

1.4.2(e) The employer shall consider the request to work part-time having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

1.4.3 Return to former position

1.4.3(a) A male or female employee who has had at least 42 weeks continuous service within Catholic education in Victoria immediately before commencing part-time employment after the birth or placement of a child has, at the expiration of the period of such part-time employment or the first period, if there is more than one, the right to return to his or her former position.

1.4.3(b) Nothing in 1.4.3(a) shall prevent the employer from permitting the employee to return to his or her former position after a second or subsequent period of part-time employment.

1.4.4 Effect of part-time work on continuous service

Under this Award, commencement on part-time employment under this subclause and return from part-time employment to full-time employment under this subclause does not break the continuity of service of an employee.

1.4.5 Pro rata entitlements

Subject to the provisions of this subclause and the matters agreed to in 1.4.6 hereof, part-time employment shall be in accordance with the provisions of this Award and shall apply pro rata.

1.4.6 Part-time work agreement

1.4.6(a) Before commencing a period of part-time employment under this subclause the employer and the employee shall agree:

1.4.6(a)(i) that the employee may work part-time;

1.4.6(a)(ii) upon the hours to be worked by the employee, the days upon which they will be worked and the commencing times for the work;

1.4.6(a)(iii) upon the period of part-time employment.

1.4.6(b) The terms of this agreement may be varied by consent.

1.4.6(c) The terms of this agreement and any variation to it shall be in writing and retained by the employer. A copy of the agreement and any variation to it shall be provided to the employee by the employer.

1.4.6(d) The terms of this agreement shall apply to the part-time employment;

1.4.6(e) The work to be performed part-time need not be the work performed by the employee in his or her former position but shall be work commensurate with the employee's qualifications and experience.

1.4.6(f) An employer may request, but not require, an employee working part-time under this clause to work outside or in excess of the employee's ordinary hours of duty provided for in accordance with 1.4.6 (a) above.

1.4.7 Termination of employment

1.4.7(a) The employment of a part-time employee under this clause may be terminated in accordance with the provisions of this Award but may not be terminated by the employer because the employee has exercised or proposes to exercise any rights under this clause or has enjoyed or proposes to enjoy any benefits arising under this clause.

1.4.7(b) Any termination benefits payable to an employee whose employment is terminated while working part-time under this clause, or while working full-time after transferring from part-time work under this clause shall be calculated by reference to the full-time rate of pay at the time of termination and by regarding all service as a full-time employee as qualifying for a termination entitlement based on the period of full-time employment and all service as a part-time employee on a pro rata basis.

1.4.8 Replacement employees

1.4.8(a) An employee specifically engaged as a result of an employee proceeding on part-time employment under this subclause will normally be a replacement employee.

1.4.8(b) Before an employer engages a replacement employee under this subclause, the employer shall inform that person of the temporary nature of the employment and the rights of the employee who is being replaced.

1.4.8(c) Before an employer temporarily promotes or transfers an employee to replace an employee exercising his/her rights under this clause the employer shall inform that person of the temporary nature of the promotion or transfer and the rights of the employee who is being replaced.

1.4.8(d) Nothing in this subclause shall be construed as requiring an employer to engage a replacement employee.

1.5 School Officers: specific provisions

1.5.1 Eligibility

Notwithstanding the above, in relation to School Officers, 1.1.11(c), 1.2.9(c) and 1.3.11(c) shall not apply and that in their place the following shall apply:

Provided that the notice required pursuant to 1.1.11(a), 1.3.11(a) or 1.2.9 has been given, a School Officer shall be entitled to the position which he or she held immediately before proceeding on parental leave, or in the case of a School Officer who was transferred to a safe job pursuant to 1.1.3, to the position which she held immediately before such transfer. Where such position no longer exists but there are other positions available for which the School Officer is qualified and the duties of which he or she is capable of performing, he or she shall be entitled to a position as nearly comparable in status, hours and salary or wage to that of his or her former position.

1.5.2 Transition arrangements regarding part-time employment and annual leave

Notwithstanding the above, the following arrangements shall apply for School Officers in relation to part-time work and annual leave under this subclause:

1.5.2(a) A School Officer working part-time under this subclause is to be paid for and take any annual leave accrued in respect of a period of full-time employment in such periods and manner as is specified in the annual leave provisions of this Award applicable to the work concerned, as if the School Officer were working full-time in the class or work the School Officer was performing as a full-time School Officer immediately before commencing part-time employment under this subclause.

1.5.2(b) A full-time School Officer is to be paid for and take any annual leave accrued in respect of a period of part-time employment under this Award in such periods and manner as is specified in the annual leave provisions of this Award applicable to the work concerned, as if the School Officer were working part-time in the class or work the School Officer was performing as a part-time School Officer immediately before resuming full-time employment.

1.5.2(c) By agreement between the employer and the School Officer, the period over which leave is taken under 1.5.2(b) above may be shortened to the extent necessary for the School Officer to receive pay at the School Officer's current full-time rate.

1.5.3 Transition arrangement regarding part-time employment and sick leave

Notwithstanding the above, the following arrangements shall apply for School Officers in relation to part-time work and sick leave under this sub-clause:

1.5.3(a) A School Officer working part-time under this subclause is to have sick leave entitlements which have accrued under this Award applicable to the work concerned (including any entitlement accrued in respect of previous full-time employment) converted into hours;

1.5.3(b) When this accrued entitlement is used, whether as a School Officer, working part time under this clause or as a full-time School Officer, having resumed full-time work after working part-time under this clause, sick leave will be debited at the rate of the ordinary hours that the School Officer was scheduled to work during the period of absence on sick leave.

1.6 Communication during parental leave

[Appx 1.6 inserted by PR969567 ppc 03Feb06]

1.6.1 Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

1.6.1(a) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

1.6.1(b) provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

1.6.2 The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

1.6.3 The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with 1.6.1.

1.7 Right to request

[Appx 1.6 inserted by PR969567 ppc 03Feb06]

1.7.1 Notwithstanding anything to the contrary in this appendix an employee entitled to parental leave pursuant to the provisions of this appendix may request the employer to allow the employee:

1.7.1(a) to extend the period of simultaneous unpaid parental leave of one week for maternity and paternity leave and three weeks for adoption leave to a maximum of eight weeks;

1.7.1(b) to return from a period of parental leave on a part-time basis until the child reaches school age;

to assist the employee in reconciling work and parental responsibilities.

1.7.2 Request to be considered

The employer shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

1.7.3 Employee’s request and employer’s decision to be in writing

The employee’s request and the employer’s decision made under 1.7.1(b) and (c) must be recorded in writing.

1.7.4 Request to return to work part-time

Where an employee wishes to make a request under clause 1.7.1(c), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.