Eligibility for parental leave
An employee is eligible for parental leave in accordance with the National Employment Standards under the Fair Work Act.
An employee (including a long-term casual employee) who has completed at least twelve (12) months’ Continuous Service and who will have responsibility for the care of a child is entitled to unpaid parental leave.
This entitlement applies to a birth parent, non-birth parent (including a spouse or de facto partner), adoptive parent, or intended parent under a surrogacy arrangement.
Entitlement to Leave Associated with the Birth or Adoption (or Permanent Placement) of a Child under the age of Sixteen (16)
In addition to the rights above, the University provides three levels of entitlement to paid parental leave, depending upon length of paid service at the time the employee commences leave associated with the birth or adoption (or permanent placement) of a child.
Service is calculated:
if the employee is pregnant, at the date or expected date of birth of the child;
at the date of the adoption or permanent placement; or
if the leave is taken after another person has cared for the child or taken parental leave, the date the leave starts.
A fixed-term or continuing employee is entitled to paid leave associated with the birth, adoption, permanent placement of a child in accordance with the following table.
| Provision | Length of completed paid continuous service | Paid leave entitlement |
Unpaid leave entitlement |
|---|---|---|---|
| A1 | Less than 52 weeks |
The greater of eight (8) weeks, or one (1) week for each completed calendar month of continuous service at the employee’s ordinary salary rate |
The remainder of the period up to 52 weeks |
| A2 | 52 weeks but less than 104 weeks | 26 weeks at the employee’s ordinary salary rate |
26 weeks |
| A3 | 104 or more weeks |
36 weeks at the employee’s ordinary salary rate |
16 weeks |
‘Ordinary salary rate’ is the employee’s salary rate at the time of commencing parental leave. However, if the employee’s fraction has changed during the twelve (12) weeks immediately before commencing parental leave, the employee’s ordinary salary rate will be based on their average fraction over the 104 weeks immediately before commencing parental leave.
Paid parental leave can be taken at full pay or half pay. Where half pay is taken, this may be taken for double the duration of the full paid period set out above. This is subject to approval by the University and should be requested by the employee ahead of commencing paid parental leave. Annual leave accrues during paid parental leave on the employee’s ordinary weekly hours prior to commencing parental leave despite if leave is taken at half pay.
Paid parental leave may also be used to facilitate a phased return to work by using a portion of their paid parental leave entitlement to supplement working part-time for a phased duration.
Additional leave without pay (or other forms of paid leave) may be taken that will bring the period of leave associated with the birth, adoption or permanent placement of a child, specified in sub-clause 5.4(b) above, to a continuous period of up to 104 weeks.
Further unpaid parental leave
A further fifty-two (52) weeks of leave without pay is available to employees for the care of children under school age. This must be taken immediately following paid or unpaid parental leave. The unpaid leave is renewable annually for no more than fifty-two (52) weeks at any one time provided that the total period of parental leave does not extend beyond the child’s reaching school age. See sub-clause 5.4(m) for the impact on entitlement to return to work.
Parental Leave for Casual Employees
A casual employee of the University who has been employed on that basis for a sequence of periods of employment during a period of at least twelve (12) months will be entitled to:
Up to fifty-two (52) weeks of unpaid parental leave, and a further fifty-two (52) weeks of unpaid parental leave subject to the University’s written approval. The request must be made four (4) weeks before the end date of original leave.
When Parental Leave Must Commence
Where the employee is pregnant or gives birth, parental leave may start up to six (6) weeks before the expected date of birth, or earlier if the University and employee agree. However, parental leave must begin no later than the date of birth or adoption (or permanent placement of the child). Where an employee is not the birth parent, the employee may begin paid leave as outlined in sub-clause 5.4(g)(i).
Where both parents are ACU employees
Where both parents are employed by the University, each may take separate periods of parental leave with a maximum total of 104 weeks of parental leave (including all paid and unpaid leave) between them.
Only one employee is entitled to primary carer’s leave at any one time.
The leave period commences no later than the date of birth of the child (or earlier in accordance with sub-clause 5.4(e)).
Non-Primary Carer leave and concurrent leave
Non-Primary Carer leave. A fixed-term or continuing employee who is the non-primary carer of the child is entitled to six (6) weeks of paid leave at the employee’s ordinary salary rate.
The days may be taken individually or consecutively, and must commence after the birth, adoption or permanent placement of the child.
This leave comes out of the employee’s entitlement to paid or unpaid parental leave at leave provision A1, A2 or A3 and must be taken within twelve (12) weeks from the birth, adoption or permanent placement of the child.
Concurrent leave. Co-parents may take up to eight (8) weeks of unpaid parental leave at the same time. Concurrent leave may start:
on the birth or placement of the child;
earlier than this date with agreement from the University; or
later than this date, but it has to be within fifty-two (52) weeks of the birth or placement of the child.
Concurrent leave can be taken in separate periods. Each period will normally be for two (2) weeks or more. Concurrent leave is part of the employee’s unpaid leave entitlement.
A casual employee who has been engaged on a regular and systematic basis for a period of at least twelve (12) months will also be entitled to the unpaid concurrent leave.
Foster Parent Leave
A person who is a fixed term or continuing employees who is acting as the primary carer of a foster child will be entitled to six (6) weeks of leave on half pay on the child entering their care.
Unplanned Cessation of Parental Leave
Where an employee has commenced paid parental leave and the following occurs:
the employee’s pregnancy results in a still-birth or the child dies before their second birthday, or where the employee is the non-birth parent and the birth parent’s pregnancy results in a still-birth or the child dies before their second birthday, the following leave is available:
| Type of leave |
Leave available |
|---|---|
| Birth/adoption or permanent placement |
12 weeks paid leave at their usual Salary and up to 40 weeks unpaid (up to 52 weeks in total) |
| Leave for second parent |
Three (3) weeks paid leave at their usual Salary and up to 49 weeks of unpaid leave (up to 52 weeks in total) |
| Further unpaid parental leave |
A further 14 weeks of leave without pay |
Leave following miscarriage
An employee, including an employee whose spouse, de facto partner or similar, experiences a miscarriage is entitled to access both paid personal leave in accordance with clause 5.3 and paid compassionate leave in accordance with clause 5.9.
A casual employee is entitled to take unpaid compassionate leave following a miscarriage.
Leave for pregnancy related illness
Where a pregnant employee:
has not commenced parental leave, and
has a pregnancy-related illness,
the employee is entitled to unpaid special parental leave or paid personal sick leave in accordance with clause 5.3.
Flexible Unpaid Parental Leave
An employee who is entitled to unpaid parental leave may take up to 130 days of their unpaid parental leave entitlement at any time during twenty-four (24) months from the date of birth or adoption (or permanent placement) of the child. Flexible parental leave:
can be taken as either a single continuous period of one or more days, or separate periods of one or more days;
is included in the employee’s approved parental leave;
does not prevent an employee from accessing the balance of their unpaid parental leave entitlement;
counts as concurrent leave under sub-clause 5.4(g).
Return to Work following a period of Parental Leave
An employee who is the primary carer and who returns from a period of leave associated with the birth or adoption of a child is entitled to return to their substantive position at their original campus, held prior to commencing on leave associated with the birth, adoption or placement of a child.
This return-to-work entitlement applies where the employee has taken parental leave in accordance with the Fair Work Act, including any approved extension.
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