In the diverse landscape of education, it’s important to understand the various provisions for paid parental leave that may be applicable to educators. This article aims to clarify certain clauses related to “Other Paid Parental Leave” in the context of teaching.
Leave for Primary Caregivers
An employee who assumes parental responsibility and emerges as the primary caregiver of a child could be entitled to paid leave for 16 weeks. This situation might occur under several circumstances, such as:
- The adoption of a child
- A surrogacy arrangement
- A permanent care order
- Any other situation approved by the employer
The leave can commence up to six weeks before the date of the child’s placement or the date when the employee is assigned parental responsibility. The conditions for granting and payment of this leave align with those mentioned in the relevant subclauses (18)(b)-(d).
Legal Adoption and Birth Registration
If there’s no legal adoption or the baby’s birth isn’t registered as required by state or territory law, the employee won’t be entitled to further leave under this clause.
Leave for Shared Responsibility
In scenarios where two employees apply for leave for the same child or children, each employee is entitled to eight weeks of paid leave. This leave starts from the date of the child’s placement or the date the employees are assigned parental responsibility.
Leave During School Vacation
There are specific provisions for ongoing and fixed-term employees whose paid leave expires during a school vacation period. These employees are entitled to receive their pay for the rest of the vacation period, provided they return to duty right after the vacation.
Employee Eligibility Across Clauses
If an employee is eligible for paid leave under this clause and another clause (13) at the same time, they’re entitled to paid leave under this clause. However, the amount they receive will be reduced by any weekly compensation they’re getting under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic). They will not be entitled to further leave under clause (13) during this period.
Foster and Kinship Care
Employees providing short-term foster or kinship care as the primary caregiver are entitled to up to two days of paid leave on up to five occasions per child following the child’s placement with the employee.
This includes:
- Foster care: short-term care of a child up to 18 years of age by an accredited foster carer.
- Kinship care: temporary care by a relative or a member of the child’s social network.
- Aboriginal kinship care: temporary care by a relative or friend of an Aboriginal child.
This applies when a child cannot live with their parents due to an eligible child protection intervention.
Eligibility Across More Clauses
If an employee is eligible for paid leave under this clause (19) and clause (20), they’re entitled to leave under this clause and will not have further entitlement to leave under clause (20).
FAQs
1. Who is considered the primary caregiver in the context of these clauses?
The primary caregiver is the person who assumes the main responsibility for the care of the child.
2. How much paid leave can a primary caregiver get under clause (19)?
The primary caregiver can get up to 16 weeks of paid leave.
3. What happens if two employees share parental responsibility for the same child?
Each employee is entitled to eight weeks of paid leave.
4. What is the provision for paid leave during a school vacation period?
Ongoing and fixed-term employees are entitled to receive their pay for the rest of the vacation period, provided they return to duty right after the vacation.
5. In what situations is an employee entitled to paid leave for foster or kinship care?
This applies when a child cannot live with their parents due to an eligible child protection intervention. The employee can get up to two days of paid leave on up to five occasions per child following the child’s placement with the employee.
6. What happens when an employee is eligible for paid leave under both clause (19) and clause (20)?
The employee is entitled to leave under clause (19) and will have no further entitlement to leave under clause (20).
Understanding these policies can help educators navigate their rights and responsibilities, ensuring they can balance their professional duties with the demands of parenthood.
