AT809096 - Salaried, Professional and Technical (TransAdelaide) Award 2001 [Transitional]
Employees are entitled to maternity, paternity and adoption leave in connection with the birth or adoption of a child.
31.1 Definitions
[31.1.1 substituted by PR969416 ppc 21Feb06]
31.1.1 For the purpose of this clause child means a child of the employee under school age except for adoption of a child where ‘child’ means a person under school age 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.
31.1.2 Subject to 31.1.3, in this clause, spouse includes a de facto or former spouse.
31.1.3 In relation to 31.5, spouse includes a de facto spouse but does not include a former spouse.
31.2 Basic entitlement
31.2.1 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. 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.
31.2.2 Parental leave is to be available only to one parent at a time, in a single unbroken period, except that both parents may simultaneously take:
31.2.2(a) for maternity and paternity leave, an unbroken period of up to one week at the time of the birth of the child;
31.2.2(b) for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.
31.3 Maternity leave
31.3.1 An employee must provide notice to TransAdelaide in advance of the expected date of commencement of parental leave. The notice requirements are:
31.3.1(a) of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) – at least ten weeks;
31.3.1(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.
31.3.2 When the employee gives notice under 31.3.1 the employee must also provide 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.
31.3.3 An employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date.
31.3.4 Subject to 31.2.1 and unless agreed otherwise between TransAdelaide and the employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth.
31.3.5 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, TransAdelaide may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.
31.3.6 Where leave is granted under 31.3.4, during the period of leave an employee may return to work at any time, as agreed between TransAdelaide and the employee provided that the time does not exceed four weeks from the recommencement date desired by the employee.
31.4 Paternity leave
31.4.1 An employee will provide to TransAdelaide at least ten weeks prior to each proposed period of paternity leave:
31.4.1(a) that 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;
31.4.1(b) written notification of the dates on which he proposes to start and finish the period of paternity leave; and
[31.4.1(c) varied by PR969416 ppc 21Feb06]
31.4.1(c) except in relation to leave taken simultaneously with the child’s mother under clauses 31.2.2(a), 31.2.2(b) and 31.10.1(a), a statutory declaration stating:
31.4.2 The employee will not be in breach of 31.4.1 if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.
31.5 Adoption leave
31.5.1 The employee will notify TransAdelaide 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.
31.5.2 Before commencing adoption leave, an employee will provide TransAdelaide with a statutory declaration stating:
31.5.2(a) the employee is seeking adoption leave to become the primary caregiver of the child;
31.5.2(b) particulars of any period of adoption leave sought or taken by the employee’s spouse; and
31.5.2(c) that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.
31.5.3 TransAdelaide may require an employee to provide confirmation from the appropriate government authority of the placement.
31.5.4 Where the placement of a child for adoption with an employee does not proceed or continue, the employee will notify TransAdelaide immediately and TransAdelaide will nominate a time not exceeding four weeks from receipt of notification for the employee’s return to work.
31.5.5 An employee will not be 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.
31.6 Variation of parental leave
[31.6 Variation of the period of parental leave, title changed and substituted by PR969416 ppc 21Feb06]
Where an employee takes leave under clause 31.2.1 or 31.10, unless otherwise agreed 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 as soon as possible but no less than four weeks prior to the commencement of the changed arrangements. Nothing in this clause detracts from the basic entitlement in clauses 31.2 or 31.10.
31.7 Parental leave and other 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 amount of leave not exceeding 52 weeks.
31.8 Return to work after a period of parental leave
31.8.1 An employee will notify of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.
31.8.2 An employee will be entitled to the position, which they held immediately before proceeding on parental leave.
31.8.3 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 that of their former position.
31.9 Replacement employees
31.9.1 A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.
31.9.2 Before TransAdelaide engages a replacement employee TransAdelaide must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.
31.10 Right to request
[31.10 inserted by PR969416 ppc 21Feb06]
31.10.1 An employee entitled to parental leave pursuant to the provisions of clause 31.2 may request the employer to allow the employee:
31.10.1(a) to extend the period of simultaneous unpaid parental leave provided for in clauses 31.2.2(a) and (b) up to a maximum of eight weeks;
31.10.1(b) to extend the period of unpaid parental leave provided for in clause 31.2.1 by a further continuous period of leave not exceeding 12 months;
31.10.1(c) 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.
31.10.2 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.
31.10.3 Employee’s request and the employer’s decision to be in writing
The employee’s request and the employer’s decision made under clauses 31.10.1(b) and 31.10.1(c) must be recorded in writing.
31.10.4 Request to return to work part-time
Where an employee wishes to make a request under clause 31.10.1(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.
31.11 Communication during parental leave
[31.11 inserted by PR969416 ppc 21Feb06]
31.11.1 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:
31.11.1(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
31.11.1(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.
31.11.2 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.
31.11.3 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 31.11.1.
