Parental Leave Entitlements as at September 2014 - PowerPoint PPT Presentation

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Parental Leave Entitlements as at September 2014
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Parental Leave Entitlements as at September 2014

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  1. Parental Leave Entitlementsas at September 2014 As at June 2014

  2. What is it? • Form part of the National Employment Standards (NES) • Applies to all (eligible) employees • All employees with 12 months continuous service • includes Casuals – who have reasonable expectation of continued employment • Includes birth-related leave and adoption-related leave • Also provides for • Unpaid special maternity leave • Right to transfer to a safe job or take ‘no safe job leave’ • Consultation requirements • A return to work guarantee • Unpaid pre-adoption leave

  3. Rules... One Employee • Leave must be taken in a single continuous period • Can start up to six weeks before the expected birth (earlier upon mutual agreement) • If partner – leave starts on the date of the birth or placement • Leave may start at any time within 12 months after birth or placement

  4. Rules... Both members of an employee couple taking leave • An ‘employee couple’ is where two employees (not necessarily of the same employer) are in a spousal or de facto relationship • No more than 24 months of leave between them – taken separately in a single continuous period • Same rules apply re timing of leave • Both may take leave at the same time for a max period of 8 weeks • Must be taken within 12 months of birth or adoption • Concurrent leave may be taken in separate periods – no shorter than 2 weeks • Annual leave may be taken at the same time as unpaid parental leave

  5. Evidence • 10 weeks written notice (Unpaid Parental Leave Request Form) • Specify the intended start and end dates of leave • At least four weeks before intended start date • Confirm intended start and end dates or advise changes • Where concurrent leave is to be taken in separate periods – same notice periods for first period, second and subsequent – 4 weeks notice • Employer may require evidence of expected date of birth (i.e. medical certificate) or placement of child under 16.

  6. Other entitlements • Can extend for a further 12 months (unless member of employee couple and partner already taken leave • Employer may refuse • only on reasonable business grounds • must be in writing • Employee wants to work beyond 6 weeks prior to birth • Employer may request doctor’s certificate • May direct an employee to commence leave

  7. Other entitlements • Stillbirth • Can reduce or cancel their period of leave • Written notice • May return to work within 4 weeks of giving notice • Leave ends immediately before the day they are specified to return to work • Unpaid special maternity leave • Not fit for work because or pregnancy related illness • Pregnancy ends – not in the birth of a living child, within 28 weeks of expected date of birth • Employer may require evidence (medical certificate) • Entitlement to unpaid parental leave is not reduced by the amount of unpaid special maternity leave taken

  8. Other entitlements • Transfer to a safe job or ‘no safe job leave’ • Entitled to be transfer to an ‘appropriate safe job’ • Same hours or different no. of hours if agreed by employee • Employee to provide evidence that they are fit for work but inadvisable for the worker to continue in current role • Must be transferred – no change to conditions of employment • If no job – can take paid ‘no safe job leave’

  9. Other entitlements • Return to work guarantee • Guaranteed to return to pre-parental leave position; or • If position no longer exists, an available position which they are qualified and suited – nearest in status and pay to pre-parental leave position • Before engaging an employee to perform the work of an employee on parental leave – employer required to notify the replacement employee • Engagement is temporary • Employee on leave has guarantee • Rights of employee on leave in case of stillbirth or infant death or cease to have responsibility for the care of the child

  10. Other entitlements • Consultation • Entitled to be kept informed re anything that will effect status, pay or location of pre-parental leave position • Keeping in touch days • When employee performs work on a day or part of a day while on parental leave • Purpose of work is to enable employee to keep in touch • Mutual consent • Not within 42 days of date of birth or placement • Employee has not already performed 10 days of work during period

  11. Other entitlements • Unpaid pre-adoption leave • All employees (regardless of length of service) are entitled to up to 2 days unpaid pre-adoption leave o attend interviews etc • May be taken as single days or continuous • Employer may direct employee to take paid annual leave

  12. Other entitlements • Paid Parental Leave Scheme • 18 weeks pay (minimum wage) • Employee to lodge claim with Dept Human Services (DHS) • DHS provides payment to LLC • Employee paid through normal pay cycle • Dad and Partner Pay • Employee to lodge claim with DHS • Must be on unpaid leave from employer • 2 weeks pay (minimum wage)

  13. Further Assistance: (07) 5474 2166 Fiona Munro – HR Manager Kristie McCaul – HR Administration LiveLife Intranet: Printable version available to download from www.livelifepharmacy.com