Procedure: Parental and grandparent leave

Purpose

Parental and Grandparent leave is provided for under the ANU Enterprise Agreement, the Maternity Leave (Commonwealth Employees) Act 1973 and the ANU Policy: Staff leave. This document provides staff with information in relation to conditions and procedures specific to accessing and utilising parental and other related leave and grandparent leave.

Definitions

Child means a child (or children from a multiple birth) born to a staff member or a staff member's partner; or a child who is placed with a staff member through an adoption process, permanent foster care or legal guardianship.

Parental leave for the purposes of this procedure will mean an unbroken period of paid or unpaid parental leave following the birth or placement of a child. For the purposes of defining unbroken leave, they may include other leave types such as annual or long service leave.

Partner leave means leave taken by the partner of a birth parent, or one of two adoptive parents, permanent foster carers or legal guardians of a child.

Primary care giver means the child's parent who has the dedicated responsibility for the day-to-day care of the child. For the purposes of this procedure, the primary care giver role cannot be undertaken simultaneously by both parents.

Partner includes a current or relevant former husband or wife, de facto partner or same sex partner.

Continuous service for birth-related parental leave, is taken as at the date of birth or expected date of birth, and for placement-related parental leave (adoption, permanent foster care or legal guardianship), is taken as at the date of placement or expected date of placement.

Grandparent is the parent of one of the parents of a child requiring care for which the grandparent leave is sought, whether by marriage, a de-facto relationship, adoption, guardianship or same sex relationship.

Grandchild is the natural or the adopted child of the staff member’s child or their partner’s child, arising out of a marriage, a de facto relationship, same sex couple relationship or as a single parent.

Procedure

Australian Paid Parental Leave Scheme

1. All entitlements under the Federal Governments Paid Parental Leave Scheme will be paid in addition to entitlements offered under this procedure.

Eligibility

2. A staff member, who is not a casual employee, shall be entitled to parental leave, partner leave and career re-entry assistance in accordance with this procedure.
3. A fixed term staff member will be entitled to parental, partner leave and career re-entry assistance in accordance with this procedure, and this leave will only be available within the fixed term contract period.
4. A staff member will be entitled to a maximum of 26 weeks paid Parental Leave (or 52 weeks at half-pay), inclusive of birth-related parental leave, placement-related parental leave, primary care parental leave, and supporting partner leave.
5. Where both parents are University staff members, the combined maximum entitlement of career re-entry assistance is six weeks.
6. A casual staff member is entitled to 52 weeks’ unpaid absence in accordance with this clause if they are, or will be, the primary carer of a child following birth or placement.
7. The Chief People Officer may consider granting paid parental leave to casual employees with over 12 months service.
8. The Chief People Officer may consider granting paid parental leave to employees who have 12 months or more contribution the University community through a combination of employment and HDR research. Requests should be made to parental.leave@anu.edu.au for consideration and approval.
9. In addition to this procedure, further information and guidance is available on the families and carers webpage.

Parental leave (birth related)

10. In accordance with the Maternity Leave (Commonwealth Employees) Act 1973, a staff member who becomes pregnant is required to commence parental leave six weeks prior to the nominal expected birth of a child. A later commencement date is possible if the birth mother is declared fit for duty, and this is supported by a medical certificate.
11. A staff member who becomes pregnant is entitled to up to 52 weeks' parental leave as set out in the following table:

Parental leave (placement related)

12. A staff member who adopts or undertakes permanent foster care or guardianship of a child, and is the legal parent and primary care giver of that child, is entitled to up to 52 weeks' parental leave. The entitlements and conditions for this leave are as set out in the following table:

Partial entitlement to paid parental leave

13. A staff member with less than 12 months’ continuous service is entitled to a partial entitlement of paid parental leave (birth or placement-related) in accordance with the following table, to be taken at full or half pay.

Supporting partner leave

14. A staff member whose partner becomes pregnant, or becomes one of two adoptive parents, permanent foster carers or legal guardians of a child (but is not the primary care giver of that child), is entitled to leave as set out in the following table:

Partial entitlement to supporting partner leave

15. Similar to parental leave, a staff member with less than 12 months’ continuous service is entitled to a partial entitlement of paid supporting partner leave in accordance with the following table, to be taken at full pay.

Primary Carer Partner leave

16. A staff member whose partner becomes pregnant, or becomes one of two adoptive parents, permanent foster carers or legal guardians of a child; and is the primary care giver of that child, is entitled to leave as set out in the following table:

17. If a staff member assumes primary care giver responsibilities of the child subsequent to the birth or placement, they are entitled to a continuous period of up to 12 months’ unpaid parental leave (less any other period of paid or unpaid parental or partner leave already taken under this provision) in accordance with the National Employment Standards.

Career re-entry assistance

18. In addition to parental leave entitlements, a staff member who is not a casual is entitled to career re-entry assistance. The entitlements and conditions for career re-entry assistance are as set out in the following table:

Salary and conditions for leave under this procedure

19. Paid leave provided under this procedure will be granted at the staff member’s substantive salary. For parental leave, any temporary reduction in fraction associated with the pregnancy will be disregarded. The relevant salary when taking parental leave will be the substantive salary paid immediately before the hours of work were reduced.
20. Paid leave will count as service for all purposes (including leave accrual).
21. Unpaid parental leave will not break continuity of service, but does not count as service for the accrual of annual leave, long service leave, personal leave or any other purpose (for example: the anniversary for a staff member’s salary increment would be delayed by that period of leave).
22. In accordance with the Maternity Leave (Commonwealth Employees) Act 1973, a staff member who experiences a termination of pregnancy, miscarriage or still birth after the 20-week gestation period are entitled to paid parental leave.
23. In accordance with the Fair Work Act 2009, parents who are accessing unpaid parental leave and experience premature birth or other birth-related complications that results in the newborn baby having to stay in hospital or being hospitalised immediately after birth, can agree with their employer to pause any unpaid parental leave. This means that while their baby is hospitalised, parents may return to work and the period where they are back at work won’t be deducted from any unpaid parental leave entitlement.

Superannuation on unpaid and half-pay parental leave

24. For a staff member who is eligible for paid parental leave, the University will continue to pay employer superannuation contributions for unpaid parental leave or parental leave at half pay as below:

1. A staff member accessing paid parental leave at full pay will be entitled to receive employer superannuation contributions during the period of unpaid leave up to a maximum of 26 weeks, or the maximum full pay entitlement outlined in clause 13 for a staff member with less than 12 months continuous service; or
2. A staff member accessing paid parental leave at half pay will be entitled to receive employer superannuation contributions at the full pay rate, up to a maximum of 52 weeks, or the maximum half pay entitlement outlined in clause 13 for a staff member with less than 12 months continuous service.

Application and notice process for parental and partner leave

25. Staff are required to submit a parental leave application form in accordance with the respective notice periods.
26. For parental leave, a staff member shall advise the University at least ten weeks prior of the expected date of birth, the expected date of placement:

1. the date on which they propose to commence leave as well as the specific leave arrangements.
2. the date on which they propose to return to work; and
3. the specific leave arrangements they intend to take.

27. For primary carer partner leave, a staff member shall submit their application at least ten weeks prior to the commencement of the leave.
28. In the case of partner leave (supporting), the staff member must lodge an application for leave not less than four weeks before the expected date of birth or placement of the child. Where this is not practicable, the application will be lodged as early as possible.
29. It is acknowledged that for placement-related parental leave, a shorter notice period may be required.
30. In circumstances where the specified notice periods are not reasonably practicable, or there is an unanticipated change in circumstances, an application should be made as soon as possible.
31. Parental leave applications must include:

1. Parental Leave (birth related): Medical certificate stating the expected date of birth of the child. If requesting to work within six weeks of expected date of birth, an additional medical certificate advising that the staff member is fit to work within this period,
2. Parental Leave (placement-related): Child placement documentation detailing the expected date of placement.
3. Primary carer partner leave: Copy of the birth certificate; statement of the period of parental leave applied for and taken by the other parent (regardless of whether the other parent is a University employee); and a declaration that the partner will be the primary care giver for the applicable period of leave and that, during that period, the other parent is not taking any form of paid parental leave from the respective employer (regardless of whether the other parent is a University employee).
4. Supporting partner leave: Medical certificate stating the expected date or birth or child placement documentation detailing the expected date of placement.

32. A delegate must exercise their delegation to approve a leave application in accordance with the conditions and approval arrangements specified in this procedure.
33. Approval of leave beyond those provided for through this procedure requires approval of the Chief People Officer or the Vice-Chancellor and President.

Application for extension of parental leave

34. Where a staff member has not applied for the maximum leave entitlement, a further application may be made at any time during the period of previously approved leave provided that the application is made at least four weeks before the end of the approved leave period.
35. Where a staff member has taken 12 months of unpaid parental leave, a further application of up to 12 months may be made. This application must be made at least four weeks before the end of the approved leave period.

Return to work

36. In accordance with the Maternity Leave (Commonwealth Employees) Act 1976 (6.1.b.ii), a staff member may not return to work within six weeks' of the birth of the child, unless medical clearance is provided by an appropriate medical practitioner.
37. A staff member will be entitled to return from parental leave to their substantive position, or an agreed part-time position, or an agreed alternative position. A request for return to part-time hours will not be unreasonably refused.
38. A staff member is entitled to return from parental leave to the relevant (substantive) position they held immediately before starting the leave, except that if the staff member:

1. was transferred to another job because of the pregnancy, the relevant position is the position held immediately before the transfer;
2. began working part-time because of the pregnancy, the relevant position is the position held immediately before the staff member began working part time; or
3. immediately before starting parental leave, was acting in or temporarily performing the duties of a position (including those attracting higher duties), the relevant position is the position held by the staff member immediately before taking the acting or temporary position.

39. A staff member is required to confirm their intention to return to work by providing the University with at least four weeks written notice of their expected date of return.
40. The staff member may request a return to work, or the University may notify the staff member that they must return to work, where during parental leave, the staff member ceases to be the primary care giver or there is another material change in circumstances.
41. Where the University requires a return to work, at least four weeks' notice will be provided and notwithstanding this notice, any available parental leave may be used where a medical practitioner certifies it to be necessary.
42. Where the staff member requests a return to work prior to the expiry of their original leave period, this must be mutually agreed between the staff member and the work area.

Time release upon return to work

43. Subject to clause 44 (below), a staff member will be entitled to reasonable time release for the period from their return to work until the end of the child's first year to attend to the needs of their child.
44. A staff member will be eligible for time release if:

1. they are the birth parent of the child; or the primary care giver of a child who has been adopted or permanently placed with the staff member; and
2. the staff member returns to work within one year of the birth of the child, or the child is less than one year of age; and
3. the staff member returns to full time work, or returns to work of the same full time equivalent percentage they worked prior to the parental leave or prior to a reduction in hours as a result of the pregnancy or preparation for permanent placement.

45. In the case of an academic staff member, such time release will be accommodated with access to the 52-day rule policy.
46. The staff member and relevant supervisor will agree to appropriate arrangements prior to, or on, the staff member's return to work. The arrangements should acknowledge the needs of the staff member as well as the operational requirements of the work area.
47. The time release provided is not cumulative.
48. A staff member requesting to access time release who is not entitled to or has utilised their Career Re-entry Assistance can access time release using their accrued paid leave balance, or unpaid leave.

Illness during parental leave

49. If a staff member becomes ill during a period of unpaid parental leave, and a medical certificate substantiates that illness, the staff member may take that period as personal leave in accordance with the provisions of the ANU Procedure: Personal and wellbeing leave.
50. A staff member may be eligible for personal leave to attend appointments associated with antenatal care, fertility treatment, surrogacy, pre-adoption or permanent foster care appointments prior to birth, adoption or placement, in accordance with the personal leave provisions of the ANU Procedure: Personal and wellbeing leave.
51. During a period of paid parental leave, a staff member will not be eligible to access personal leave.

Miscarriage, still-birth or death of a child

52. A staff member who has experienced a termination of pregnancy, miscarriage, still-birth or death of a child after the 20-week gestation period is entitled to parental leave in accordance with this clause.
53. A staff member who has experienced a miscarriage prior to the 20-week gestation period may apply to the Chief People Officer for up to ten additional days’ personal leave per calendar year (pro-rata), subject to provision of supporting medical certificate or documentation.
54. These entitlements are in addition to compassionate leave as provided by the National Employment Standards.

Arrangements for staff not entitled to paid parental leave

55. A staff member not entitled to any paid parental leave may take up to 52 weeks' absence including accrued annual leave, long service leave, and/or unpaid leave, post the initial required 12 weeks of (unpaid) parental leave.

Grandparent Leave

56. A staff member, other than a casual, with 12 months' continuous service is entitled to 12 months unpaid grandparent leave to undertake the care of their grandchild in accordance with this procedure. A fixed term staff member will not be entitled to grandparent leave beyond the expiry of their contract.
57. Grandparent leave will:

1. normally be taken in a single block;
2. not be unreasonably refused by the supervisor;
3. be taken as leave without pay and will not break the staff member's service with the University nor will the staff member accrue any entitlements during this period of approved absence; and
4. be approved after the staff member has made an application to utilise available annual leave or long service leave accruals.

58. Taking a period of annual leave or long service leave does not prevent a staff member from taking grandparent leave in accordance with this procedure.
59. A staff member will be entitled to return from grandparent leave to their substantive position or an agreed alternative position. A request for return to part time hours will not be unreasonably refused.
60. If returning from leave on a part time basis, a flexible work arrangement will be entered into between the staff member and the University, in accordance with the Flexible work arrangements.
61. In accordance with the leave without pay provisions outlined in the ANU Procedure: Other leave, unpaid grandparent leave does not break continuity of service, but does not count for service for accrual of any leave, or like purpose, including eligibility for salary increments.

Application process for grandparent leave

62. Where practicable, a staff member is required to advise the University at least ten weeks’ prior of the commencement of unpaid grandparent leave noting:

1. the date on which they propose to commence leave as well as the specific leave arrangements.
2. the date on which they propose to return to work; and
3. the specific leave arrangements they intend to take.

63. If the scheduled return date changes, the staff member will provide four weeks' notice of the date of return.
64. When making an application for grandparent leave, a supervisor may request proof that the child is the grandchild of the staff member.
65. A delegate must exercise their delegation to approve a leave application in accordance with the conditions and approval arrangements specified in this procedure.
66. Application for grandparent leave in accordance with this procedure, must not be unreasonably refused.
67. Approval of leave beyond those provided for through this procedure requires approval of the Chief People Officer or the Vice-Chancellor and President.

Access to information and opportunities

68. Supervisors communicating internally or externally advertised vacancies, promotion opportunities or significant staffing, structural, policy or industry changes to their staff, must share this information with individuals on parental leave, unless an individual has confirmed that they do not wish to receive this communication. Supervisors should confirm with the staff member their preference in receiving this communication prior to the commencement of the period of leave. ANU recognises that sharing information and opportunities supports an individual’s confidence, their return to work and career progression.