Access to Other Leave While on Parental Leave
Employees are able to access other types of leave, as outlined in this attachment, while on parental leave. An employee can only be on one form of approved leave at any one time.
Recreational and Long Service Leave
Where there is an entitlement, employees may use recreation and/or long service leave during the period of unpaid parental leave in accordance with the relevant Ministerial Directives.
Sick Leave
Paid sick leave is available to employees on paid parental leave, recreation and long service leave provided:
· an employee submits an application for sick leave, supported by a medical certificate or other evidence acceptable to the Director-General (or delegate); and
· the period of illness is more than 3 working days.
For example, if paid sick leave is to be taken instead of paid maternity leave, paid maternity leave is cancelled for the period of approved sick leave. Paid maternity leave then recommences after sick leave and the period of paid maternity leave is extended by the amount of sick leave taken.
NB: Paid sick leave is not available to an employee on unpaid leave.
Extended Special Leave without Pay
An employee:
· who has been granted extended special leave without pay who becomes pregnant before or during that leave; or
· whose spouse becomes pregnant before or during that leave; or
· who is to adopt a child/children before or during that leave; or
· who is an intended parent under a surrogacy arrangement before or during that leave
shall retain their entitlement to parental leave without resuming duty.
For example, if an employee is on extended special leave without pay (LWOP) and she becomes pregnant, she should apply to cancel LWOP and apply for parental leave. The employee is eligible for the applicable entitlement of paid maternity/spousal/adoption/surrogacy leave if the employee has met the qualifying service period in their period of continuous service and other eligibility criteria in the Paid Parental Leave Directive.
Access to a Subsequent Period of Parental Leave
An employee:
· who becomes pregnant while on parental leave; or
· whose spouse becomes pregnant while that employee is on parental leave; or
· who is to adopt a child/children while on parental leave; or
· who is an intended parent under a surrogacy arrangement while on parental leave
is eligible, without resuming duty, for a subsequent period of parental leave in accordance with the Paid Parental Leave Directive.
School Vacation Periods
Paid parental leave is exclusive of school vacation periods for school teachers who do not accrue recreation leave. Where an entitlement to paid parental leave coincides with any period of school holiday leave for teachers, the entitlement to paid leave available to be accessed by the teacher will be the total of the two periods.
Where the estimated date of confinement falls during a period of school holiday leave and the teacher has a doctor's certificate declaring them fit for duty up to the commencement of the school holiday period, the period of paid maternity leave may, at the teacher's discretion, commence on the first working day after the conclusion of the school holiday period.
A teacher who resumes duty from a period of parental leave at the commencement of terms 2, 3 or 4 receives payment for the vacation occurring immediately prior to the resumption of duty at the same employment fraction as the maternity leave. The summer vacation attracts payment on a pro-rata basis, provided the teacher worked for some time during the preceding year.
Public holidays
The period of paid maternity/spousal/adoption/surrogacy leave is inclusive of public holidays arising during that period.
Uncontrolled copy. Refer to the Department of Education, Training and Employment
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