Maternity leave is an important aspect of employment rights, especially for working mothers. Understanding the specifics of your entitlements, as outlined in your employment agreement, can help you plan and make informed decisions about your leave. This article offers a summary of the maternity leave policy as outlined in the Victorian Government Schools Agreement 2022 for teachers and educational staff.
Eligibility and Duration of Maternity Leave
According to the agreement, an employee is eligible for a continuous period of 16 weeks of maternity leave, starting from the date they begin their absence from duty. If a pregnancy terminates more than 20 weeks before the expected date of birth, the employee may not be eligible for maternity leave under this clause but could be eligible for personal leave.
Qualifying Service for Maternity Leave
An employee is eligible for paid maternity leave if they have had 26 or more weeks of qualifying service within the 52 weeks immediately before the date they commence their absence from duty. The period during which an employee attends for duty within certain specified periods will not be included as part of the 26 weeks of qualifying service.
Qualifying service includes:
- Any duty as an employee, other than any period of employment on a casual basis.
- Any leave with pay approved by the employer.
- Any leave without pay approved by the employer to count as qualifying service.
- Any other service approved by the employer to count as qualifying service.
Payment During Maternity Leave
During maternity leave with pay, an employee will be paid at the time fraction they were working immediately before commencing maternity leave. Alternatively, if the employee ceases long service leave on half pay immediately before commencing the parental absence, they will be paid at the time fraction immediately prior to commencing long service leave.
Maternity Leave and Workplace Injury Compensation
An employee who is eligible for paid leave under the maternity leave clause and another clause in respect of a maternity leave absence is entitled to maternity leave with pay according to the maternity leave clause, less the amount paid by way of weekly compensation under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic). They have no further entitlement to leave under the other clause during the maternity leave period.
Maternity Leave and School Vacation Period
An ongoing employee, other than an education support class employee, who has their paid maternity leave expire during a school vacation period, is entitled to receive their pay for the remainder of the vacation period, provided they return to duty.
In contrast, a fixed-term employee, other than an education support class employee, whose period of employment concludes on or before the end of a school vacation period and after the period of paid maternity leave expires, is entitled to receive pay for the remainder of the fixed-term employment period if they have no further offer of employment.
FAQs
Q: Who is eligible for paid maternity leave?
A: An employee with 26 or more weeks of qualifying service within the 52 weeks immediately before the date they commence their absence from duty is eligible for paid maternity leave.
Q: How is the payment calculated during maternity leave?
A: During maternity leave with pay, an employee will be paid at the time fraction they were working immediately before commencing maternity leave.
Q: What if an employee’s pregnancy terminates more than 20 weeks before the expected date of birth?
A: The employee may not be eligible for maternity leave but could be eligible for personal leave.
Q: Can an employee receive maternity leave pay and workplace injury compensation at the same time?
A: An employee is entitled to maternity leave with pay less the amount paid by way of weekly compensation under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) during the maternity leave period.
Q: What happens when an employee’s maternity leave ends during a school vacation period?
A: An ongoing employee can receive pay for the remainder of the vacation period, provided they return to duty. A fixed-term employee can receive pay for the remainder of the fixed-term employment period if they have no further offer of employment.
Remember, the above information is specific to the maternity leave policy as outlined in the Victorian Government Schools Agreement 2022. Always refer to your specific employment agreement or consult with your Human Resources department for detailed information on your maternity leave rights and obligations.
