Parental leave is a significant right for employees, allowing them to take time off from work to care for a newborn or adopted child. This article will clarify the parental leave policies in the Victorian Government Schools Agreement 2022, aiming to help teachers and other educational staff understand their rights and obligations.
Overview of Parental Leave Eligibility
According to the agreement, an employee is entitled to be absent from duty for up to a total of seven years following, or in conjunction with, the birth, adoption, or otherwise becoming the legal parent of one or more children. This can include various forms of leave such as maternity, other paid parental leave, partner leave, family leave without pay, paid leave accrued under specific subclauses, and long service leave.
Commencement and Duration of Parental Leave
Parental leave can start at any time after an employee provides satisfactory medical evidence of pregnancy (but no later than the date of birth) or, in any other case, up to six weeks before the birth or adoption of the child. Unless otherwise approved by the employer, an employee who is pregnant is required to be absent from duty for six weeks before and after the expected date of birth.
Conditions for Returning to Duty
An employee may return to duty after a parental absence six weeks following the birth or placement of a child or the expiration of maternity leave if written notice of intention to return is given prior to the commencement of the absence. An employee can also return on the first day of any term if written notice of intention to return is given by October 1 in the year preceding the intended date of return.
Part-Time Return to Duty
An employee with a child under school age may request to return to duty following a parental absence on a part-time basis to assist in reconciling work and parental responsibilities. The employer is obliged to consider this request, having regard to the employee’s circumstances and the operational needs of the school.
Pregnancy-Related Health Concerns
If a pregnant employee faces illness or risks due to the pregnancy or hazards connected with the work assigned, the employee can be temporarily transferred to a safe job on the conditions attaching to that job for such period as is certified necessary by a registered medical practitioner.
Superannuation Contributions
During the parental leave, the employer is responsible for making superannuation contributions for the employee who is the primary caregiver. The employer will pay these contributions as a lump sum to the employee’s fund.
FAQs
Q: Can two employees take a parental leave for the same child at the same time?
A: No, two employees may not be absent at the same time for the same child. The absences must be contiguous.
Q: Can an employee return to duty before the end of the parental leave?
A: Yes, an employee can return to duty six weeks following the birth or placement of a child or the expiration of maternity leave. They must give written notice of their intention to return.
Q: What happens if a pregnancy terminates after more than 12 weeks?
A: An employee whose pregnancy terminates or results in a stillborn birth after more than 12 weeks is entitled to an absence of six months following the termination.
Q: Are superannuation contributions made during parental leave?
A: Yes, the employer will make superannuation contributions during the parental leave for the employee who is the primary caregiver.
Q: Can an employee request to return to duty on a part-time basis after a parental leave?
A: Yes, an employee with a child under school age may request to return to duty on a part-time basis to reconcile work and parental responsibilities. The employer will consider this request.
Remember, the above information is specific to the parental 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 parental leave rights and obligations.
