Your
To Parental Leave
So you’re having a baby… Congratulations!
Maybe you are contemplating parenthood in the near future? That’s just as exciting!
Either way, there will be questions about your entitlements and responsibilities in relation to
your work at Swinburne University - before and after the birth - that have already occurred to
you. This information kit aims to answer the most commonly asked questions to help you plan
ahead.
Planning for your Leave
Parenting is an important responsibility and one that may be shared between partners.
Swinburne University has adopted policies based on the recognition that balancing work and
family commitments can be quite challenging at times and that flexibility and understanding can
be the key to its staff successfully meeting those challenges. Our aim is to provide you with
information and support, to enable you to better manage your work and family responsibilities,
so that you can enjoy the pleasures of parenthood and the rewards of your career. Swinburne
provides parental leave and arrangements in relation to returning to work after parental leave in
Enterprise Bargaining Agreements. You should refer to the Agreement that applies to you in
determining your parental leave entitlements. Copies of the Agreements can be located at the
Human Resources Department at:
http://www.swin.edu.au/corporate/hr/sc_home.htm
Further information
If you would like additional information on anything discussed in this kit, please contact your
Supervisor, Manager or the Human Resources Department on 9214 4616.
What is Parental Leave?
Parental Leave is a form of leave, which can be paid or unpaid, for the purpose of providing
care to a new-born baby or a newly adopted child, and includes Maternity Leave, Paternity
Leave and Adoption Leave.
The aim of parental leave is to enable you and your family to work together to establish the
future care of the newest member of your family. Parental Leave benefits also provide you with
the security of knowing that you can return to the workforce when your period of leave is over.
Upon your return to work, you are entitled to the position held immediately before going on
leave, or if this no longer exists, you are entitled to a position that is comparable in status and
salary to that of your former position. In order to qualify for the various forms of parental leave
certain preconditions must be met. These will be explained in more detail in this booklet.
Who is eligible for Parental Leave?
You are eligible for Parental Leave if you are a permanent employee of Swinburne (whether full-
time or part-time) or employed under a fixed term contract or contract for a specific task or
process. Casual or sessional staff are not eligible for Parental Leave.
How long can I take off work in relation to Parental Leave?
Academic and General Staff
Type of Leave Eligibility Leave Entitlement
Maternity / 12 months 14 weeks on full pay and 38 weeks at 0.6 of salary up to 52
Adoption Leave service weeks in duration
Must be continuous and unbroken – except in the case of
illness resulting from pregnancy or birth
Maternity Leave to commence within 20 weeks before or 6
weeks after the (expected) date of birth – except as agreed
Maternity / Less than 12 1 week for each completed month of service and additional
Adoption Leave months service unpaid leave up to 52 weeks in duration
Must be continuous and unbroken – except in the case of
illness resulting from pregnancy or birth
Maternity Leave can commence within 20 weeks before the
(expected) date of birth – except as agreed
Adoption leave commences from the date of placement of
the child
Partner Leave Primary carer 3 weeks and 49 weeks unpaid up to 52 weeks duration
Partner Leave Not primary 3 weeks
carer
Foster Parent Primary carer 3 weeks at half pay
Leave Child is 5
years or older
Foster Parent Primary carer 6 weeks at half pay
Leave Child is less
than 5 years
Child-Rearing Primary carer 52 weeks unpaid
Leave with child up to
6 years
Upon return from any period of maternity / adoption / child-rearing leave, an employee is
required to complete a further 12 months service to be eligible for maternity / adoption / child-
rearing leave as outlined in clause 33. If requested by the staff member, any paid proportion of
maternity or adoption leave may be paid as a lump.
Academic and General staff contract employees
If you are employed on a short-term contract and that contract expires during the period of paid
maternity leave, you will not be eligible for further maternity leave after the date of expiry of the
contract unless you are re-employed on a permanent basis or on a further contract. Provision of
maternity leave is not a ground for the termination of a contract or refusal by the University to
offer re-employment.
How long can I take off work in relation to Parental Leave?
TAFE Staff
Type of Leave Leave Eligibility Leave Entitlement
TAFE Maternity Staff Member must have Leave on full pay for a continuous period of
Leave (G) completed 12 months 14 weeks to be taken within the period
service at Swinburne at the commencing six weeks prior to the expected
time maternity leave date of delivery or such earlier date in the
commences case of a premature delivery
Additional leave without pay as will bring the
aggregate leave to a continuous period of up
to 12 months
Paid Leave entitlements such as Annual
Leave or Long Service Leave can be taken in
substitution of unpaid maternity leave
TAFE Paternity Staff Member must have Leave on full pay for five consecutive working
Leave (H) completed 12 months days or for a period that does not exceed five
service at Swinburne at the working days, shall be taken within the period
time paternity leave commencing in the week prior to the
commences expected date of the birth of the child and
Additional unpaid leave concluding six weeks after the birth of the
where staff member is child or, in the case of adoption of a child,
primary care-giver, and the within six weeks from the date of placement.
total parental leave of both Where the father is the primary care-giver,
parents is 12 months such additional leave without pay as will bring
the aggregate leave to a continuous period of
up to 12 months
TAFE Adoption Staff member is the Leave on full pay for a continuous period of
Leave (I) primary care giver 12 weeks where the child is at the date of
adoption under 12 months of age
Leave on full pay for a continuous period of
six weeks where the child is at the date of
adoption 12 months of age or older.
A further period of unpaid parental leave up
to 52 weeks leave in total
Other forms of Leave
You can apply to your Manager for approval to take other forms of leave, such as Annual Leave
or Long-Service Leave, adjoining your parental leave. These requests can be made via the
Swinburne Employee Web Self Service at:
http://www.swin.edu.au/corporate/hr/ewss_home.htm
Paid sick leave is not available during your absence from work on parental leave. Similarly,
other paid public holidays and special holidays cannot be claimed while you are away on
Parental Leave.
What happens to my service when I am on Parental Leave?
Approved parental leave shall not break continuity of employment. The portion of parental leave
taken as unpaid leave shall count as service for the purposes of determining eligibility for any
annual or Long Service Leave entitlements, but not for the calculation of any such entitlements.
Normal incremental advancement within salary classifications shall continue during periods of
Parental Leave.
How do I apply for Parental Leave?
Maternity Leave
In order to obtain Maternity Leave, you must:
1. Give your Manager or Supervisor at least 10 weeks written notice of your intention to
take Maternity Leave. Such notice should be in the form of a letter accompanied by
a medical certificate and statutory declaration the expected date of your baby’s birth.
2. Submit a statutory declaration, at least four weeks prior to starting your period of
leave, stating:
o That you will be the child’s primary care giver throughout the period of Maternity
Leave
o That for the period of your Maternity Leave you will not engage in any conduct
that is contrary to your contract of employment.
o The details of any Paternity/Partner Leave which has been sought or taken by
your partner (a Sample Statutory Declaration is attached as Appendix B).
3. Complete an application for Maternity Leave on the L1 Leave Application form and
submit it to your Manager/ Supervisor at least four weeks prior to starting your period
of leave. This form can be accessed at:
http://www.swinburne.edu.au/corporate/hr/docs/L1.doc
Partner/Paternity Leave
To apply for 15 days full paid leave (or part thereof), you must:
1. Give at least 10 weeks written notice to your Manager or Supervisor of your intention
to take Partner Leave or Parental Leave. You should also indicate the length of leave
which you intend to take.
2. Complete an application for Partner/Paternity Leave on the L1 Leave Application
form and submit it to your Manager/ Supervisor at least four weeks prior to starting
your period of leave. This form can be accessed at:
http://www.swinburne.edu.au/corporate/hr/docs/L1.doc
3. Attach a medical certificate from a registered medical practitioner stating your
partner's name, verifying her pregnancy, and indicating the expected date of your
baby's birth.
To apply for 49 weeks unpaid leave (or part thereof), you must also:
1. Submit a statutory declaration stating:
o Any period of time in which you will be the primary care-giver of the child.
o That for the period of your Paternity/ Partner Leave you will not engage in
any conduct that is contrary to your contract of employment.
o The details of any Maternity Leave or Adoption Leave that has been sought
or taken by your partner (a Sample Statutory Declaration is attached as
Appendix B).
Adoption Leave
In order to apply for adoption leave you must:
1. (a) Advise your Manager or Supervisor of the period of Adoption Leave that you
propose to take, within two months of receiving your notice of approval for adoption
and no later than 14 days prior to placement.
OR
(b) If the adoption is that of a relative, notify your Manager or Supervisor
immediately upon deciding to take custody of the child, pending the outcome of an
application for an adoption order, and provide a statement from the relevant
government authority confirming that you will retain custody of the child pending the
outcome of the application for an adoption order.
2. You are required to submit a statutory declaration stating:
o That the child will be under five years of age at the expected date of the
placement
o That the child is not a child or step-child of you or your partner (a Sample
Statutory Declaration is attached as Appendix B)
3. Finally, you need to submit an Application for Adoption Leave on the L1 Leave
Application form and submit it to your Manager/ Supervisor as soon as you are
notified of the adoption placement, preferably at least 14 days prior to the
commencement of Adoption Leave (although this may be waived in some
circumstances). The Application should indicate the period of Adoption Leave to be
taken. This form can be accessed at:
http://www.swinburne.edu.au/corporate/hr/docs/L1.doc
Can I change the length of my Parental Leave?
If you did not initially apply for 52 weeks of parental leave, and you wish to lengthen your period
of leave, you may submit an additional application provided you give your Manager or
Supervisor a minimum of four weeks notice. For TAFE Teachers, you can only extend your
leave up to a maximum of 52 weeks. For Academic and General Staff, you may extend your
Parental Leave by using unpaid Child Rearing Leave. Additional leave without pay may be
available depending on individual circumstances and the capacity of the University to cover staff
absences. Parental leave may also be shortened with your Manager's agreement. You must
give the Manager at least 14 days written notice of the period by which you want to shorten the
leave. If you choose to return to work within six weeks after the birth of your child, your Manager
may require you to provide a medical certificate stating that you are fit to work on normal duties.
Can I transfer to a “Safe Job” before commencing Maternity Leave?
Swinburne will, wherever possible, transfer you to a “Safe Job” if your treating medical
practitioner certifies that it is inadvisable for you to continue to perform your current duties while
pregnant. Any such transfer will be on the salary and conditions that apply to that position, until
the commencement of your Maternity Leave.
Continuing to work before the birth
Your Manager or Supervisor may require you to provide a medical certificate stating that you
are fit to work on normal duties if you wish to continue working within the six weeks immediately
before the expected date of delivery.
Adjustments to working conditions during pregnancy
During your pregnancy, some adjustments may need to be made to your working conditions,
such as seating or frequency of breaks during the day. These matters should be discussed with
your Manager or Supervisor to ensure that you are not inconvenienced in carrying out your
normal duties while pregnant.If you need to attend a pre-natal clinic, you are encouraged to
discuss this with your Manager or Supervisor, which may include altering your commencement
time or finish time for work.
Starting your Leave
Unless otherwise agreed between you and your Manager, you may commence (and the
University may direct you to commence) parental leave at any time within six weeks
immediately prior to the expected date of the birth. This is provided that you are given at least
14 working days notice.
Can I work while I am on Parental Leave?
Parental Leave is provided to enable you and your family to establish the future care of your
child. For this reason, you cannot work for another employer during the period of Parental
Leave. If you do, Swinburne will treat this as a breach of your contract of employment, and
disciplinary action may result. If you wish to explore part-time work options prior to returning to
full-time work, you should discuss these with your Manager or Supervisor.
How do I organise returning to work?
While you are still on Parental Leave, you will need to write to your Manager or Supervisor to
confirm the date on which you intend to return to work, at least four weeks prior to the end of
your period of Parental Leave. Upon your return to work, you are entitled to the position which
you held immediately before going on Parental Leave or immediately before being transferred to
a “Safe Job”. If your previous position no longer exists, you will be employed in a position that is
comparable in status and salary to your previous position. If you decide not to return to work,
you need to confirm your resignation in writing, in accordance with University policies and your
contract of employment.
Keeping in touch with the workplace
Arrange with your Manager or Supervisor to be kept informed of important meetings and
developments that may affect you and your position (e.g. proposed organisational re-
structures). This will have the added advantage that you will be better prepared for your return
to the workplace later. Negotiate with your Manager about having the time you attend such
meetings added to your Maternity Leave. If you are connected to remote email, you might want
to be kept informed of relevant changes through this medium.
Superannuation
For information on the options available to you under your Superannuation scheme, contact the
Superannuation Officer in the Human Resources Department:
http://www.swin.edu.au/corporate/hr/hrstaff.htm
Return to Work
Planning for your Return to Work and notifying your intentions
You must provide your Manager with written confirmation of your intention to return to work at
least four weeks before the expiry of your parental leave. This allows the Manager time to make
the necessary arrangements within the workplace.
Part-time Return to Work
If you wish to work part-time after your leave finishes in order to phase-in your return to work,
the actual time fraction and the length of time over which these altered arrangements will
continue should be negotiated with your Manager.
The University will consider various flexible work practices that may be available on your return
to work, depending on a number of factors. Whilst the University will explore all opportunities
for part-time work, considerations need to be given to:
o Operational requirements of your position
o Skills required by the position
o The availability of potential job-share partners
o The availability of alternative positions
In order for part-time work to be arranged, the University may require you to work in a different
area to that in which you normally work. However, upon return to full time work you are entitled
to return to your original position.
When you are back at work
You are entitled to return to your former position at work. If your former position no longer
exists (e.g. due to a re-structure) and there are other positions available for which you are
qualified and which you are capable of performing, you are entitled to a position as nearly
comparable in status and pay to that of your former position.
Hours of work
Flexible working hours to help you balance work and family responsibilities may also be
possible, depending on the inherent nature of the position you will be occupying. Again, you
should discuss options with your Manager.
Support services for parents
Parenting on Campus
The University allows flexibility in terms of time away from your duties to attend to the needs of
your child, e.g. to breast-feed, express breast milk, change nappies.
Employee Assistance Program (EAP)
Professional confidential counseling is available for staff through PPC Worldwide on
ph 1300 361 008.
To view more details about PPC Worldwide go to:
http://www.au.ppcworldwide.com/wellbeing/eap.aspx
Appendix A: Parental Leave Checklist
Maternity and Paternity Leave
When What
Ten weeks prior to birth Notify your Manager or Supervisor in
writing, of the expected date of the baby’s
birth, and attach a medical certificate.
Submit the relevant statutory declaration
Four weeks prior to stopping work Submit an Application for Leave Form to
your Manager or Supervisor
During leave, you must give 14 days Notice of your intention to vary Parental
written notice Leave
Six weeks following birth This period of leave is compulsory for a
mother, following the birth of a child
Four weeks before returning You must give written notice to your
Manager or Supervisor of your intended
date of return to work
Adoption Leave
When What
EITHER
Within two months of receiving notice of Notify your Manager or Supervisor of the
approval to adopt period of leave required, and attach a
statement from the Adoption Agency
indicating the expected date of
placement of the child. Submit the
relevant statutory declaration
OR
Immediately on deciding to take custody Advise your Manager or Supervisor
of the child pending the outcome of the immediately, and provide a statement
application for an adoption order from the relevant government authority
confirming you have custody of the child.
Submit the relevant statutory declaration
Four weeks prior to stopping work Submit an Application for Leave Form to
your Manager or Supervisor
During leave, you must give 14 days Notice of your intention to vary Adoption
written notice Leave
Four weeks before returning You must give written notice to your
Manager or Supervisor of your intended
date of return to work
APPENDIX B: SAMPLE STATUTORY DECLARATIONS
The following sample Statutory Declarations are intended to illustrate the information that must
be included in your Statutory Declaration when applying for Parental Leave. A standard form
Statutory Declaration is available from most newsagents and stationery stores. Don’t forget that
it must be sworn before a Justice of the Peace or Solicitor.
Maternity Leave Statutory Declaration
I, Elizabeth Smith of 23 George Street, Richmond, Student Services Administrator, do
solemnly and sincerely declare:
1. I am pregnant and have applied for Maternity Leave for the period from 1 July 2008 to
30 June 2009. My baby is due on 14 August 2008;
2. Throughout the period of my Maternity Leave I will be the baby’s primary care-giver;
3. For the period of my Maternity Leave I will not engage in any conduct which is contrary
to my contract of employment;
4. My husband has sought to take three weeks paternity leave.
And I make this solemn declaration conscientiously believing the same to be true, and by
virtue of the provisions of the Oaths Act.
Made and Declared at Melbourne this 10th day of May 2008
Before me:
………………………………………
Justice of the Peace/Solicitor
Paternity Leave Statutory Declaration
I, John Smith of 23 George Street, Richmond, Lecturer, do solemnly and sincerely declare:
My wife is pregnant and is due to give birth on 20 August 2008;
I intend to take three weeks Paternity Leave at the time of the baby’s birth. I do not intend to
take any further parental leave;
For the period of my Paternity Leave I will not engage in any conduct, which is contrary to
my contract of employment;
My wife has sought to take 11 months Maternity Leave during the period from 1 July 2008 to
31 May 2009.
And I make this solemn declaration conscientiously believing the same to be true, and by
virtue of the provisions of the Oaths Act.
Made and Declared at Melbourne this 10th day of May 2008
Before me:
………………………………………
Justice of the Peace/Solicitor
Adoption Leave Statutory Declaration
I, Joanne Brown of 97 Anne Street, North Melbourne, Faculty Manager, do solemnly and
sincerely declare:
My husband and I will be adopting a child in or about March 2008;
At the time of placement, the child will be approximately 20 months old;
The child is not a child or step-child of either myself or my husband; and
At the time of placement, the child will have lived with us for a continuous period of
approximately three months.
And I make this solemn declaration conscientiously believing the same to be true, and by
virtue of the provisions of the Oaths Act.
Made and Declared at Melbourne this 1st day of January 2008
Before me:
………………………………………
Justice of the Peace/Solicitor