University of Adelaide Enterprise Agreement 2010-2013

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All staff (other than casuals) are entitled to the following provisions. Part-time staff will accrue leave on a pro-rata basis.

Casual staff may be eligible to access unpaid maternity/adoption leave.

4.4 Parental Leave

4.4.1 Paid Parental Leave

Any reference to paid leave in this clause applies to all staff other than casuals.

Paid parental leave includes paid maternity leave, paid adoption leave, paid partner leave and shared paid parental leave.

Where the federal government requires the University to administer its Paid Parental Leave (PPL) payment, any period of PPL will be treated as leave without pay and as such will not count towards the accrual of leave entitlements. It will however, count toward your continuity of service.

Paid Maternity Leave

a) Eligibility

i. To be eligible for paid maternity leave you must have been employed by the University for a continuous period of not less than one year prior to the expected date of birth.
ii. If you are a part-time (fractional) member of staff, you are entitled to paid maternity leave based on your pro-rata rate.
iii. If you have been employed by the University for a continuous period of less than one year prior to the expected date of birth, you will be entitled to leave without pay.

b) Entitlement

i. Subject to satisfying the eligibility requirements, you are entitled to 26 weeks paid maternity leave.
ii. If you have a medically defined late pregnancy miscarriage, or stillbirth, you will be entitled to seven (7) weeks paid maternity leave.
iii. If you are on a period of paid parental leave in accordance with clause 4.4.1(a) and (b) of this Agreement and you are entitled to, and take, a period of paid personal leave due to personal illness or injury and on application you have sufficient accrued personal leave, you will be re-credited the equivalent period of paid parental leave for the time you were on paid personal leave.

c) Requirements

i. A minimum period of 14 weeks paid leave must be taken, subject to step ii), iii) and iv) below.
ii. You must commence your maternity leave up to six (6) weeks before the expected date of birth. iii. You may negotiate with your supervisor to remain at work until two (2) weeks prior to the expected date of birth if a medical certificate of fitness is provided.
iv. The period of maternity leave taken must include leave for at least eight (8) weeks after the actual birth unless a medical certificate of fitness is provided to your supervisor certifying that you may return to duty earlier than eight (8) weeks after the birth.

Paid Adoption Leave

4.4.2 Eligibility

i. To be eligible for paid adoption leave, you must:

• Have been employed by the University for a continuous period of not less than one year prior to the expected date of placement; and
• Be adopting a child of five years of age or less and identified as the primary caregiver.

a) Entitlement

i. Subject to satisfying the eligibility requirements, you are entitled to 26 weeks paid adoption leave.

b) When adoption-related leave must start

i. If the leave is adoption-related leave, the period of leave must start on the day of placement of the child.

4.4.3 Shared Paid Parental Leave

a) Eligibility

To share an entitlement for paid parental leave you must:

i. Be part of an employee couple. An employee couple is defined as two employees that are either the spouse or de facto partner of the other; and
ii. Have satisfied the eligibility requirements as set out for paid maternity leave or paid adoption leave; and
iii. Fulfill the requirements as set out in clause 4.4.1 (c).

b) Requirements

If you are an employee couple and each of you intends to share the paid parental leave benefits, the following requirements apply:

i. The first 14 weeks of paid maternity leave/paid adoption leave (first period of leave) must be taken by the birth mother or in the case of paid adoption leave, the primary caregiver;
ii. The other employee's period of leave must start immediately after the end of the first period of leave;
iii. You must each take the leave separately in a single continuous period;
iv. Partner leave as set out in clause 4.4.5 may be taken concurrently within the first period of leave.

c) Evidence

Your supervisor may require you to provide evidence as follows:

i. if the leave is birth-related leave - of the date of birth, or the expected date of birth, of the child; or
ii. if the leave is adoption-related leave - of the day of placement, or the expected day of placement, of the child; and
iii. that the child is, or will be, under school age as at the day of placement, or the expected day of placement, of the child.

4.4.4 Return to Work Bonus

You may elect to convert up to 12 weeks of your paid maternity/adoption leave entitlement to a Return to Work Bonus. The return-to-work bonus is available for use as:

a) For Academic Staff

i. access to Conference Leave (relevant to profession);
ii. the opportunity to convert to part-time while being paid full-time (e.g. work three days, have two days off courtesy of maternity/adoption leave, therefore extending the paid maternity/adoption leave period);
iii. access to leave to attend seminars relevant to discipline;
iv. the opportunity to employ a casual staff member for teaching support;
v. the opportunity to employ a research assistant.

b) For Professional Staff

i. access to conference leave to attend conferences relevant to employment;
ii. the opportunity to convert your employment to part time while being paid full-time, therefore extending the paid maternity leave period;
iii. access to time off for study leave;
iv. access to leave to attend job related training courses.

4.4.5 Partner Leave

For the purposes of clause 4.4.5, Partner Leave, the term ‘Partner' is a person in a bona fide relationship with a staff member who is accessing maternity/adoption leave and would be considered the parent who is not the primary caregiver.

a) To access this leave you are required to submit a certificate from a registered medical practitioner of your partner's pregnancy, or a certificate of adoption.
b) Partner leave is only available concurrently with paid maternity/adoption leave and entitles you to up to 10 days paid leave, non cumulative.
c) A further 50 weeks of unpaid leave may be taken provided it is certified that you are the primary caregiver.

4.4.6 Payment

a) You will be paid at the ordinary rate of pay you received on the last day of duty prior to commencing paid maternity/adoption leave.
b) You may apply to take paid maternity/adoption leave at half pay.
c) All paid maternity/adoption leave not accessed within 26 weeks of the date of commencement of your leave will be forfeited, except where you are entitled to be re-credited a period of paid personal leave in accordance with clause 4.4.1(b) (iii), of this Agreement.
d) If you resign from or your fixed-term contract with the University ends during the period of paid maternity/adoption leave, you will not be entitled to the remaining balance of the leave from the date of resignation or expiration of your contract.

4.4.7 Superannuation

a) The University will continue to pay employer contributions during the period of paid leave.
b) If you elect to take paid maternity/adoption leave at half pay and you wish to maintain full superannuation contributions, you must contribution the difference between the employer contribution of the partial paid rate and the full employer rate.

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4.4.8 Continuity of Service

a) The period of paid maternity/adoption leave will count as service with the University.
b) Any period of unpaid maternity/adoption leave will not count as service with the University for the purpose of accrual of an entitlement to annual leave, personal leave, long service leave or any other benefit, but will be deemed not to have broken your continuity of service.

4.4.9 Return to Duty

a) When you return to duty after absence on maternity/adoption leave, you will have the right to return to the position you occupied immediately prior to taking such leave unless clause 4.4.9 (e) applies.
b) If you wish to return to duty earlier than the nominated date of return, you must apply to your supervisor for approval four weeks prior to the new date of return. The approval will be at the discretion of the supervisor subject to the needs of the area at the time of the nominated date of return.
c) If you wish to return to duty on a part-time basis under the Reduced Hours for the Care of Child clause, you must apply to your supervisor for approval three months prior to the nominated date of return.
d) The approval will be at the discretion of the supervisor subject to the needs of the area at the time of the nominated date of return.
e) Should a bona fide restructuring of an area be likely to affect your position while you are on maternity/adoption leave, your rights will be the same as though you were occupying the position at the time.

4.4.10 Unpaid Parental Leave

a) Eligibility

To be eligible for unpaid parental leave, you must have, or will have, completed at least 12 months of continuous service with the University immediately before:

i. if the leave is birth-related leave-the date of birth, or the expected date of birth, of the child; or
ii. if the leave is adoption-related leave-the day of placement, or the expected day of placement, of the child.

b) Entitlement

Subject to meeting the eligibility criteria you will be entitled to 12 months of unpaid parental leave if:

i. the leave is associated with:

• the birth of a child, being a child who is born to you or your spouse or de facto partner; or
• the placement of a child with you for adoption; and

ii. You have or will have a responsibility for the care of the child.

c) Notice

i. You must provide your supervisor at least 10 weeks written notice of your intention to take unpaid parental leave.
ii. The notice must specify the intended start and end dates of the leave.

d) Extending the Period of Unpaid Parental Leave

i. You may request your supervisor to agree to an extension of unpaid parental leave for the for a further period of up to 12 months immediately following the end of the unpaid parental leave period.
ii. Where paid parental leave has also been utilised, the total aggregate period of leave (that is paid and unpaid) must not exceed 104 weeks.
iii. The request must be in writing, and must be given to the supervisor at least four (4) weeks before the end of the unpaid parental leave period.

4.4.11 Unpaid Pre-Adoption Leave

a) Requirements

i. You may access unpaid pre-adoption leave if you do not have any other leave available to you.
ii. You must provide your supervisor with notice of your intention to take this leave as soon as practicable.
iii. You may be entitled to up to two (2) days unpaid pre-adoption leave to attend any interviews or examinations required in order to obtain approval for your adoption of a child.
iv. Unpaid pre-adoption leave must be taken either as a single continuous period up to two (2) days or in separate periods as agreed with your supervisor.
v. Your supervisor may request evidence that the leave taken is to attend an interview or examination as referred to in clause 4.4.11 (a) (iii).

b) Eligibility

An eligible casual staff member for the purpose of this clause is a casual staff member:

i. Who has been engaged by the University on a regular and systematic basis for a sequence of periods of employment during a period of at least 12 months; and
ii. Who, but for the expected birth or an expected placement of a child, would have a reasonable expectation of continuing engagement by the University on a regular and systematic basis.

4.4.12 Unpaid special maternity leave

a) Entitlement to unpaid special maternity leave

A female staff member is entitled to a period of unpaid special maternity leave if she is unfit for work during that period because:

i. she has a pregnancy-related illness; or
ii. she has been pregnant, and the pregnancy ends within 28 weeks of the expected date of birth of the child otherwise than by the birth of a living child.

4.4.13 Transfer to an alternative position because of illness or hazard

This clause applies to a female staff member who is pregnant if:

i. she is entitled to paid or unpaid parental leave; and
ii. she has already complied with the notice and evidence requirements for taking unpaid parental leave; and
iii. she gives the University evidence that would satisfy a reasonable person that she is fit to work, but that it is inadvisable for her to continue in her present position during a stated period (the risk period) because of:
• illness, or risks, arising out of her pregnancy; or
• hazards connected with that position.

a) If this applies to you, your supervisor may require a medical certificate as evidence of either of the reasons at clause 4.4.13(iii), of the Agreement.
b) If there is an appropriate safe job available-the University must:

i. transfer the staff member to that job for the risk period, with no other change to the staff member's terms and conditions of employment; or
ii. if there is no appropriate safe job available-the staff member is entitled to take paid no safe job leave for the risk period.

c) An ‘appropriate safe job' is defined in section 81(4) of the National Employment Standards, of the Fair Work Act 2009.

4.4.14 Return to work guarantee

a) On finishing unpaid parental leave, you will be entitled to return to:

i. your pre-parental leave position; or
ii. if that position no longer exists-an equivalent position for which you are qualified.

b) Effect of Unpaid Leave

i. Any period of unpaid parental leave shall be deemed not to have broken your continuity of service.
ii. Any period of unpaid parental leave in excess of 21 consecutive days will not count as service with the University for the purpose of accrual of entitlement to annual leave, personal leave or long service leave or for any other benefit.

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