So you’re having a baby… Congratulations!
Maybe you are contemplating parenthood in the near future? That’s just as exciting!
Either way, there will be questions about your entitlements and responsibilities in relation to your work at Swinburne University - before and after the birth - that have already occurred to you. This information kit aims to answer the most commonly asked questions to help you plan ahead.
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Contents
- Planning for your Leave
- Further information
- What is Parental Leave?
- Who is eligible for Parental Leave?
- How long can I take off work?
- Other forms of Leave
- What happens to my service when I am on Parental Leave?
- How do I apply for Parental Leave?
- Can I change the length of my Parental Leave?
- Can I transfer to a “Safe Job” before commencing Maternity Leave?
- Continuing to work before the birth
- Adjustments to working conditions during pregnancy
- Starting your Leave
- Can I work while I am on Parental Leave?
- How do I organise returning to work?
- Keeping in touch with the workplace
- Superannuation
- Return to Work
- When you are back at work
- Support services for parents
- Appendix A: Parental Leave Checklist
- Appendix B: Sample Statutory Declarations
Parenting is an important responsibility and one that may be shared between partners. Swinburne University has adopted policies based on the recognition that balancing work and family commitments can be quite challenging at times and that flexibility and understanding can be the key to its staff successfully meeting those challenges. Our aim is to provide you with information and support, to enable you to better manage your work and family responsibilities, so that you can enjoy the pleasures of parenthood and the rewards of your career. Swinburne provides parental leave and arrangements in relation to returning to work after parental leave in Enterprise Bargaining Agreements. You should refer to the Agreement that applies to you in determining your parental leave entitlements. Copies of the Agreements can be located at the Human Resources Department at: http://www.swinburne.edu.au/corporate/hr/salaries/
If you would like additional information on anything discussed in this kit, please contact your Supervisor, Manager or the Human Resources Department on 9214 4616.
Parental Leave is a form of leave, which can be paid or unpaid, for the purpose of providing care to a new-born baby or a newly adopted child, and includes Maternity Leave, Paternity Leave and Adoption Leave.
The aim of parental leave is to enable you and your family to work together to establish the future care of the newest member of your family. Parental Leave benefits also provide you with the security of knowing that you can return to the workforce when your period of leave is over. Upon your return to work, you are entitled to the position held immediately before going on leave, or if this no longer exists, you are entitled to a position that is comparable in status and salary to that of your former position. In order to qualify for the various forms of parental leave certain preconditions must be met. These will be explained in more detail in this booklet.
Who is eligible for Parental Leave?
You are eligible for Parental Leave if you are a permanent employee of Swinburne (whether full-time or part-time) or employed under a fixed term contract or contract for a specific task or process. Casual or sessional staff are not eligible for Parental Leave.
How long can I take off work in relation to Parental Leave?
Academic and General Staff |
||
Type of Leave |
Eligibility |
Leave Entitlement |
Maternity / Adoption Leave |
12 months service |
14 weeks on full pay and 38 weeks at 0.6 of salary up to 52 weeks in duration |
Maternity / Adoption Leave |
Less than 12 months service |
1 week for each completed month of service and additional unpaid leave up to 52 weeks in duration |
Partner Leave |
Primary carer |
3 weeks and 49 weeks unpaid up to 52 weeks duration |
Partner Leave |
Not primary carer |
3 weeks |
Foster Parent Leave |
Primary carer |
3 weeks at half pay |
Foster Parent Leave |
Primary carer |
6 weeks at half pay |
Child-Rearing Leave |
Primary carer with child up to 6 years |
52 weeks unpaid |
Upon return from any period of maternity / adoption / child-rearing leave, an employee is required to complete a further 12 months service to be eligible for maternity / adoption / child-rearing leave as outlined in clause 33. If requested by the staff member, any paid proportion of maternity or adoption leave may be paid as a lump.
Academic and General staff contract employees
If you are employed on a short-term contract and that contract expires during the period of paid maternity leave, you will not be eligible for further maternity leave after the date of expiry of the contract unless you are re-employed on a permanent basis or on a further contract. Provision of maternity leave is not a ground for the termination of a contract or refusal by the University to offer re-employment.
How long can I take off work in relation to Parental Leave?
TAFE Staff |
||
Type of Leave |
Leave Eligibility |
Leave Entitlement |
TAFE Maternity Leave (G) |
Staff Member must have completed 12 months service at Swinburne at the time maternity leave commences |
Leave on full pay for a continuous period of 14 weeks to be taken within the period commencing six weeks prior to the expected date of delivery or such earlier date in the case of a premature delivery |
TAFE Paternity Leave (H) |
Staff Member must have completed 12 months service at Swinburne at the time paternity leave commences |
Leave on full pay for five consecutive working days or for a period that does not exceed five working days, shall be taken within the period commencing in the week prior to the expected date of the birth of the child and concluding six weeks after the birth of the child or, in the case of adoption of a child, within six weeks from the date of placement. |
TAFE Adoption Leave (I) |
Staff member is the primary care giver |
Leave on full pay for a continuous period of 12 weeks where the child is at the date of adoption under 12 months of age |
You can apply to your Manager for approval to take other forms of leave, such as Annual Leave or Long-Service Leave, adjoining your parental leave. These requests can be made via Swinburne People Online at: http://www.swin.edu.au/corporate/hr/spo/
Paid sick leave is not available during your absence from work on parental leave. Similarly, other paid public holidays and special holidays cannot be claimed while you are away on Parental Leave.
What happens to my service when I am on Parental Leave?
Approved parental leave shall not break continuity of employment. The portion of parental leave taken as unpaid leave shall count as service for the purposes of determining eligibility for any annual or Long Service Leave entitlements, but not for the calculation of any such entitlements.
Normal incremental advancement within salary classifications shall continue during periods of Parental Leave.
How do I apply for Parental Leave?
Maternity Leave
In order to obtain Maternity Leave, you must:
- Give your Manager or Supervisor at least 10 weeks written notice of your intention to take Maternity Leave. Such notice should be in the form of a letter accompanied by a medical certificate and statutory declaration indicating the expected date of your baby's birth.
- Submit a statutory declaration, at least four weeks prior to starting your period of leave, stating:
That you will be the child's primary care giver throughout the period of Maternity Leave
That for the period of your Maternity Leave you will not engage in any conduct that is contrary to your contract of employment
The details of any Paternity/Partner Leave which has been sought or taken by your partner
(a Sample Statutory Declaration is attached as Appendix B )
- Complete an application for Maternity Leave on the L1 Leave Application form and submit it to your Manager/ Supervisor at least four weeks prior to starting your period of leave.
Partner/Paternity Leave
To apply for 15 days full paid leave (or part thereof), you must:
- Give at least 10 weeks written notice to your Manager or Supervisor of your intention to take Partner Leave or Parental Leave. You should also indicate the length of leave which you intend to take.
- Complete an application for Partner/Paternity Leave on the L1 Leave Application form and submit it to your Manager/ Supervisor at least four weeks prior to starting your period of leave.
- Attach a medical certificate from a registered medical practitioner stating your partner's name, verifying her pregnancy, and indicating the expected date of your baby's birth.
To apply for 49 weeks unpaid leave (or part thereof), you must also:
- Submit a statutory declaration stating:
- Any period of time in which you will be the primary care-giver of the child
- That for the period of your Paternity/ Partner Leave you will not engage in any conduct that is contrary to your contract of employment
- The details of any Maternity Leave or Adoption Leave that has been sought or taken by your partner
(a Sample Statutory Declaration is attached as Appendix B)
Adoption Leave
In order to apply for adoption leave you must:
- (a) Advise your Manager or Supervisor of the period of Adoption Leave that you propose to take, within two months of receiving your notice of approval for adoption and no later than 14 days prior to placement.
OR
(b) If the adoption is that of a relative, notify your Manager or Supervisor immediately upon deciding to take custody of the child, pending the outcome of an application for an adoption order, and provide a statement from the relevant government authority confirming that you will retain custody of the child pending the outcome of the application for an adoption order.
- You are required to submit a statutory declaration stating:
That the child will be under five years of age at the expected date of the placement
That the child is not a child or step-child of you or your partner
(a Sample Statutory Declaration is attached as Appendix B )
- Finally, you need to submit an Application for Adoption Leave on the L1 Leave Application form and submit it to your Manager/ Supervisor as soon as you are notified of the adoption placement, preferably at least 14 days prior to the commencement of Adoption Leave (although this may be waived in some circumstances). The Application should indicate the period of Adoption Leave to be taken.
Can I change the length of my Parental Leave?
If you did not initially apply for 52 weeks of parental leave, and you wish to lengthen your period of leave, you may submit an additional application provided you give your Manager or Supervisor a minimum of four weeks notice. For TAFE Teachers, you can only extend your leave up to a maximum of 52 weeks. For Academic and General Staff, you may extend your Parental Leave by using unpaid Child Rearing Leave. Additional leave without pay may be available depending on individual circumstances and the capacity of the University to cover staff absences. Parental leave may also be shortened with your Manager's agreement. You must give the Manager at least 14 days written notice of the period by which you want to shorten the leave. If you choose to return to work within six weeks after the birth of your child, your Manager may require you to provide a medical certificate stating that you are fit to work on normal duties.
Can I transfer to a “Safe Job” before commencing Maternity Leave?
Swinburne will, wherever possible, transfer you to a “Safe Job” if your treating medical practitioner certifies that it is inadvisable for you to continue to perform your current duties while pregnant. Any such transfer will be on the salary and conditions that apply to that position, until the commencement of your Maternity Leave.
Continuing to work before the birth
Your Manager or Supervisor may require you to provide a medical certificate stating that you are fit to work on normal duties if you wish to continue working within the six weeks immediately before the expected date of delivery.
Adjustments to working conditions during pregnancy
During your pregnancy, some adjustments may need to be made to your working conditions, such as seating or frequency of breaks during the day. These matters should be discussed with your Manager or Supervisor to ensure that you are not inconvenienced in carrying out your normal duties while pregnant.If you need to attend a pre-natal clinic, you are encouraged to discuss this with your Manager or Supervisor, which may include altering your commencement time or finish time for work.
Unless otherwise agreed between you and your Manager, you may commence (and the University may direct you to commence) parental leave at any time within six weeks immediately prior to the expected date of the birth. This is provided that you are given at least 14 working days notice.
Can I work while I am on Parental Leave?
Parental Leave is provided to enable you and your family to establish the future care of your child. For this reason, you cannot work for another employer during the period of Parental Leave. If you do, Swinburne will treat this as a breach of your contract of employment, and disciplinary action may result. If you wish to explore part-time work options prior to returning to full-time work, you should discuss these with your Manager or Supervisor.
How do I organise returning to work?
While you are still on Parental Leave, you will need to write to your Manager or Supervisor to confirm the date on which you intend to return to work, at least four weeks prior to the end of your period of Parental Leave. Upon your return to work, you are entitled to the position which you held immediately before going on Parental Leave or immediately before being transferred to a “Safe Job”. If your previous position no longer exists, you will be employed in a position that is comparable in status and salary to your previous position. If you decide not to return to work, you need to confirm your resignation in writing, in accordance with University policies and your contract of employment.
Keeping in touch with the workplace
Arrange with your Manager or Supervisor to be kept informed of important meetings and developments that may affect you and your position (e.g. proposed organisational re-structures). This will have the added advantage that you will be better prepared for your return to the workplace later. Negotiate with your Manager about having the time you attend such meetings added to your Maternity Leave. If you are connected to remote email, you might want to be kept informed of relevant changes through this medium.
For information on the options available to you under your Superannuation scheme, contact the Superannuation Officer in the Human Resources Department: http://www.swin.edu.au/corporate/hr/contacts
Planning for your Return to Work and notifying your intentions
You must provide your Manager with written confirmation of your intention to return to work at least four weeks before the expiry of your parental leave. This allows the Manager time to make the necessary arrangements within the workplace.
Part-time Return to Work
If you wish to work part-time after your leave finishes in order to phase-in your return to work, the actual time fraction and the length of time over which these altered arrangements will continue should be negotiated with your Manager.
The University will consider various flexible work practices that may be available on your return to work, depending on a number of factors. Whilst the University will explore all opportunities for part-time work, considerations need to be given to:
- Operational requirements of your position
- Skills required by the position
- The availability of potential job-share partners
- The availability of alternative positions
In order for part-time work to be arranged, the University may require you to work in a different area to that in which you normally work. However, upon return to full time work you are entitled to return to your original position.
You are entitled to return to your former position at work. If your former position no longer exists (e.g. due to a re-structure) and there are other positions available for which you are qualified and which you are capable of performing, you are entitled to a position as nearly comparable in status and pay to that of your former position.
Hours of work
Flexible working hours to help you balance work and family responsibilities may also be possible, depending on the inherent nature of the position you will be occupying. Again, you should discuss options with your Manager.
Parenting on Campus
The University allows flexibility in terms of time away from your duties to attend to the needs of your child, e.g. to breast-feed, express breast milk, change nappies.
Employee Assistance Program (EAP)
Professional confidential counseling is available for staff through PPC Worldwide on 1300 361 008.
To view more details about PPC Worldwide click here.
Appendix A: Parental Leave Checklist (click to open)
Appendix B: Sample Statutory Declarations (click to open)