AT805114CRV - Federal Meat Industry (Retail and Wholesale) Award 2000 [Transitional]
31.1 The provisions of this clause do not apply to a casual employee.
31.2 Definition
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.
31.3 Basic entitlement
31.3.1 After twelve 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.
31.3.2 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.
31.4 Parental leave is to be available to only one parent at a time, except that both parents may simultaneously access the leave in the following circumstances:
31.4.1 for maternity and paternity leave, an unbroken period of one week at the time of the birth of the child; and
31.4.2 for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.
31.5 Variation of period of parental leave
Unless agreed otherwise between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change to be notified at least four weeks prior to the commencement of the changed arrangements.
31.6 Parental leave and other entitlements
An employee may in lieu of or in conjunction with parental leave, access other paid leave entitlements which they have accrued, such as annual leave or long service leave, subject to the total amount of leave not exceeding 52 weeks.
31.7 Returning to work after a period of parental leave
31.7.1 An employee will notify the employer of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.
31.7.2 An employee will be 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 31.15, the employee will be entitled to return to the position they held immediately before such transfer.
31.7.3 Where such position no longer exists but there are other positions available 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 than of their former position.
31.8 Replacement employees
31.8.1 A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.
31.8.2 A replacement employee will be informed of the temporary nature of the employment and of the right of the employee who is being replaced.
31.9 Maternity leave
An employee will provide to the employer at least ten weeks in advance of the expected date of commencement of parental leave with:
31.9.1 a certificate from a registered medical practitioner sating that she is pregnant and the expected date of confinement;
31.9.2 written notification of the date on which she proposes to commence maternity leave, and the period of leave to be taken; and
31.9.3 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 conduce inconsistent with her contract of employment.
31.10 Subject to 31.4 or unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth.
31.11 Where 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, an employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.
31.12 Where the pregnancy of an employee terminates after 28 weeks and the employee has not commenced maternity leave, the employee may take unpaid special maternity leave of such period as a registered medical practitioner certifies as necessary, except that where an employee is suffering from an illness not related to the direct consequences of the birth an employee may be entitled to paid sick leave in lieu of, or in addition to, special maternity leave.
31.13 Where leave is granted then, during the period of leave an employee, may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.
31.14 Where an employee has not yet commenced maternity leave, but suffers from an illness related to the pregnancy the employee may be granted paid sick leave to which, collectively, shall not exceed the entitlement in 31.3.
31.15 Transfer to a safe job
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 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.
31.16 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.
31.17 Paternity leave
An employee will provide to the employer at least ten weeks prior to each proposed period of paternity leave, with:
31.17.1 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;
31.17.2 written notification of the dates on which he proposes to start and finish the period of paternity leave; and
31.17.3 a statutory declaration stating:
31.17.3(a) he will take that period of paternity leave to become the primary care-giver of the child;
31.17.3(b) particulars of any period of maternity leave sought or taken by her spouse; and
31.17.3(c) that for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.
31.18 Adoption leave
The employee will notify the employer 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 their employer such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.
31.19 Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating:
31.19.1 the employee is seeking adoption leave to become the primary care-giver of the child;
31.19.2 particulars of any period of adoption leave sought or taken by the employee’s spouse; and
31.19.3 that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.
31.20 An employer may require an employee to provide confirmation from the appropriate government authority of the placement.
31.21 Where the placement of a 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 receipt of notification for the employees return to work.
