Common use of Act 1973 Clause in Contracts

Act 1973. An employee who is entitled to paid maternity leave under the Maternity Leave (Commonwealth Employees) Act 1973 is entitled to access an additional two weeks' paid maternal leave immediately following paid maternity leave. These two weeks will count as service for all purposes. Both maternity leave and additional maternal leave may be taken at half pay over 28 weeks. Only the first 14 weeks of leave will count as service. A12Adoption and fostering leave The Secretary may approve leave in relation to the adoption of a child where: the child has not lived with the employee for more than six continuous months prior to the placement of the child with the employee; the child is not a child or step-child of the employee or the employee’s partner, unless the child has not been in the custody of the employee or the employee’s partner for a significant period of time; the employee is the primary caregiver for an adopted child; and the employee provides the Secretary with evidence of the adoption, including the date of placement with the employee. An employee who is in the process of adopting a child may take up to two days leave to attend any interviews or examinations required to obtain approval for the adoption. This leave may be taken as annual leave, purchased leave or flex leave (where available), or as miscellaneous leave without pay. The Secretary may approve leave in relation to the fostering of a child where: the child has not lived with the employee for more than six continuous months prior to the placement of the child with the employee; the child is not a child or step-child of the employee or the employee’s partner, unless the child has not been in the custody of the employee or the employee’s partner for a significant period of time; and the employee provides the Secretary with evidence of: the employee assuming long term responsibility for the child arising from the placement of the child in a permanent fostering arrangement; the date of placement of the child with the employee; and the employee being the primary caregiver for the child. Where an employee has at least 12 months' service (as defined under the Maternity Leave (Commonwealth Employees) Act 1973), they are entitled to access 14 weeks' paid leave under this clause F12. This leave may be taken at half pay over 28 weeks. Only the first 14 weeks of leave will count as service. Leave taken under F12 must commence within the period commencing one week prior to the placement of the child with the employee, and ending six months after the placement of the child with the employee. Leave should generally be taken in a single block. A13Supporting partner leave An employee whose partner has given or is giving birth to a child, or an employee whose partner is the primary caregiver for an adopted or fostered child, is entitled to two weeks' supporting partner leave. This leave: will be paid leave, where the employee has at least 12 months' service (as defined under the Maternity Leave (Commonwealth Employees) Act 1973); will be unpaid leave, where the employee does not have at least 12 months' service (as defined under the Maternity Leave (Commonwealth Employees) Act 1973); can be taken within the period commencing in the week prior to the expected due date of the child, or placement of the child with the employee’s partner, and ending six months after the birth or placement of the child; should generally be taken in a single block; and may be taken at half pay. Only the first 2 weeks of leave will count as service. An employee may be required to provide evidence in support of their application for leave, including evidence of the date of birth of a child, or placement of a child with the employee’s partner. A14General parental leave An employee who is entitled to access maternity leave, supporting partner leave or adoption/▇▇▇▇▇▇ care leave is entitled to take up to 24 months’ unpaid parental leave. An employee who is not eligible to access paid leave under clause F11 or F12 because they do not have the required length of service is entitled to access leave under this clause F14. The 24-month period of leave available under this clause F14 will not be extended by any other period of paid or unpaid leave. Note: An employee may be granted any of the following types of paid leave during a period of unpaid parental leave: maternity leave, adoption/fostering leave, supporting partner leave, annual leave and long service leave. An employee will not be granted paid personal/carer’s leave or compassionate/bereavement leave during a period of unpaid parental leave, unless the unpaid parental leave runs concurrently with another leave type where an employee is entitled to access paid personal leave under clause F9. Periods of unpaid parental leave will not count as service for any purpose (unless otherwise provided under Commonwealth legislation). Where an employee’s partner is entitled to access parental leave (paid or unpaid) either under this Agreement, or in accordance with the terms and conditions of employment provided by another employer, the total period of parental leave that may be taken between the couple cannot exceed 24 months after the day of birth or the date of placement. Nothing in this Agreement affects an employee’s entitlements to paid or unpaid parental leave (however described) under Commonwealth legislation, including the Fair Work Act 2009, the Maternity Leave (Commonwealth Employees) Act 1973, and the Paid Parental Leave Act 2010. A15Return to work after parental leave On ending maternity leave, supporting partner leave, adoption/▇▇▇▇▇▇ care leave or general parental leave, an employee is entitled to return to: the employee’s pre-leave duties; or if those duties no longer exist, an available position for which the employee is qualified and suited at the same classification and pay (subject to clauses B5 and B6 of this Agreement) as applied pre-leave. Where this is not practical, other duties will be sought. For the purposes of this clause F15, “duties” means those performed: if the employee was moved to safe duties because of their pregnancy – immediately before that move; if the employee began working part-time because of their pregnancy – immediately before that part-time employment began; or otherwise, immediately before the employee commenced leave.

Act 1973. An employee who is entitled to paid maternity leave under the Maternity Leave (Commonwealth Employees) Act 1973 is entitled to access an additional two weeks' weeks paid maternal leave immediately following paid maternity leave. These two weeks will count as service for all purposes. Both An employee eligible to receive paid maternity leave and (including additional maternal leave) in accordance with this clause G.13 may access that leave may be taken at half pay by spreading the payments over a maximum of 28 weeks. Only the first 14 weeks of leave will count as service. A12Adoption and fostering leave ADOPTION AND FOSTERING LEAVE The Secretary may approve leave in relation to the adoption of a child wherechild: the child has not lived with the employee for more than six continuous months prior to the placement of the child with the employee; the child is not a child or step-child of the employee or the employee’s partner, unless the child has not been in the custody of the employee or the employee’s partner for a significant period of time; the employee is the primary caregiver for an adopted child; and the employee provides the Secretary with evidence of the adoption, including the date of placement with the employee. An employee who is in the process of adopting a child may take up to two days leave to attend any interviews or examinations required to obtain approval for the adoption. This leave may be taken as annual leave, purchased leave or flex leave (where available), or as miscellaneous leave without pay. The Secretary may approve leave in relation to the fostering of a child where: the child has not lived with the employee for more than six continuous months prior to the placement of the child with the employee; the child is not a child or step-child of the employee or the employee’s partner, unless the child has not been in the custody of the employee or the employee’s partner for a significant period of time; and the employee provides the Secretary with evidence of: the employee assuming long term responsibility for the child arising from the placement of the child in a permanent fostering arrangement; the date of placement of the child with the employee; and the employee being the primary caregiver for the child. Where an employee has at least 12 months' months service (as defined under the Maternity Leave (Commonwealth Employees) Act 1973), they are entitled to access 14 weeks' weeks paid leave under this clause F12G.14. This leave may be taken at half pay over 28 weeks. Only weeks only the first 14 weeks of leave will count as service. Leave taken under F12 this provision must commence within the period commencing one week prior to the placement of the child with the employee, and ending six months after the placement of the child with the employee. Leave should generally be taken in a single block. A13Supporting partner leave An employee whose partner has given or is giving birth to a child, or an employee whose partner is the primary caregiver for an adopted or fostered child, is entitled to two weeks' supporting partner leave. This leave: will be paid leave, where the employee has at least 12 months' service (as defined under the Maternity Leave (Commonwealth Employees) Act 1973); will be unpaid leave, where the employee does not have at least 12 months' service (as defined under the Maternity Leave (Commonwealth Employees) Act 1973); can be taken within the period commencing in the week prior to the expected due date of the child, or placement of the child with the employee’s partner, and ending six months after the birth or placement of the child; should generally be taken in a single block; and may be taken at half pay. Only the first 2 weeks of leave will count as service. An employee may be required to provide evidence in support of their application for leave, including evidence of the date of birth of a child, or placement of a child with the employee’s partner. A14General parental leave An employee who is entitled to access maternity leave, supporting partner leave or adoption/▇▇▇▇▇▇ care leave is entitled to take up to 24 months’ unpaid parental leave. An employee who is not eligible to access paid leave under clause F11 or F12 because they do not have the required length of service is entitled to access leave under this clause F14. The 24-month period of leave available under this clause F14 will not be extended by any other period of paid or unpaid leave. Note: An employee may be granted any of the following types of paid leave during a period of unpaid parental leave: maternity leave, adoption/fostering leave, supporting partner leave, annual leave and long service leave. An employee will not be granted paid personal/carer’s leave or compassionate/bereavement leave during a period of unpaid parental leave, unless the unpaid parental leave runs concurrently with another leave type where an employee is entitled to access paid personal leave under clause F9. Periods of unpaid parental leave will not count as service for any purpose (unless otherwise provided under Commonwealth legislation). Where an employee’s partner is entitled to access parental leave (paid or unpaid) either under this Agreement, or in accordance with the terms and conditions of employment provided by another employer, the total period of parental leave that may be taken between the couple cannot exceed 24 months after the day of birth or the date of placement. Nothing in this Agreement affects an employee’s entitlements to paid or unpaid parental leave (however described) under Commonwealth legislation, including the Fair Work Act 2009, the Maternity Leave (Commonwealth Employees) Act 1973, and the Paid Parental Leave Act 2010. A15Return to work after parental leave On ending maternity leave, supporting partner leave, adoption/▇▇▇▇▇▇ care leave or general parental leave, an employee is entitled to return to: the employee’s pre-leave duties; or if those duties no longer exist, an available position for which the employee is qualified and suited at the same classification and pay (subject to clauses B5 and B6 of this Agreement) as applied pre-leave. Where this is not practical, other duties will be sought. For the purposes of this clause F15, “duties” means those performed: if the employee was moved to safe duties because of their pregnancy – immediately before that move; if the employee began working part-time because of their pregnancy – immediately before that part-time employment began; or otherwise, immediately before the employee commenced leave.

Act 1973. An employee who is entitled to paid maternity leave under the Maternity Leave (Commonwealth Employees) Act 1973 is entitled to access an additional two weeks' weeks paid maternal leave immediately following paid maternity leave. These two weeks will count as service for all purposes. Both maternity leave and additional maternal leave may be taken at half pay over 28 weeks. Only the first 14 weeks of leave will count as service. A12Adoption Adoption and fostering leave The Secretary may approve leave in relation to the adoption of a child where: the child has not lived with the employee for more than six continuous months prior to the placement of the child with the employee; the child is not a child or step-child of the employee or the employee’s partner, unless the child has not been in the custody of the employee or the employee’s partner for a significant period of time; the employee is the primary caregiver for an adopted child; and the employee provides the Secretary with evidence of the adoption, including the date of placement with the employee. An employee who is in the process of adopting a child may take up to two days leave to attend any interviews or examinations required to obtain approval for the adoption. This leave may be taken as annual leave, purchased leave or flex leave (where available), or as miscellaneous leave without pay. The Secretary may approve leave in relation to the fostering of a child where: the child has not lived with the employee for more than six continuous months prior to the placement of the child with the employee; the child is not a child or step-child of the employee or the employee’s partner, unless the child has not been in the custody of the employee or the employee’s partner for a significant period of time; and the employee provides the Secretary with evidence of: the employee assuming long term responsibility for the child arising from the placement of the child in a permanent fostering arrangement; the date of placement of the child with the employee; and the employee being the primary caregiver for the child. Where an employee has at least 12 months' months service (as defined under the Maternity Leave (Commonwealth Employees) Act 1973), they are entitled to access 14 weeks' weeks paid leave under this clause F12G.13. This leave may be taken at half pay over 28 weeks. Only weeks only the first 14 weeks of leave will count as service. Leave taken under F12 this provision must commence within the period commencing one week prior to the placement of the child with the employee, and ending six months after the placement of the child with the employee. Leave should generally be taken in a single block. A13Supporting Supporting partner leave An employee whose partner has given or is giving birth to a child, or an employee whose partner is the primary caregiver for an adopted or fostered child, is entitled to two weeks' weeks supporting partner leave. This leave: will be paid leave, where the employee has at least 12 months' months service (as defined under the Maternity Leave (Commonwealth Employees) Act 1973); will be unpaid leave, where the employee does not have at least 12 months' months service (as defined under the Maternity Leave (Commonwealth Employees) Act 1973); can be taken within the period commencing in the week prior to the expected due date of the child, or placement of the child with the employee’s partner, and ending six months after the birth or placement of the child; should generally be taken in a single block; and may be taken at half pay. Only the first 2 weeks of leave will count as service. An employee may be required to provide evidence in support of their application for leave, including evidence of the date of birth of a child, or placement of a child with the employee’s partner. A14General General parental leave An employee who is entitled to access maternity leave, supporting partner leave or adoption/▇▇▇▇▇▇ care leave is entitled to take up to 24 months’ unpaid parental leave. An employee who is not eligible to access paid leave under clause F11 G.12 or F12 G.13 because they do not have the required length of service is entitled to access leave under this clause F14G.15. The 24-month period of leave available under this clause F14 G.15 will not be extended by any other period of paid or unpaid leave. Note: An employee may be granted any of the following types of paid leave during a period of unpaid parental leave: maternity leave, adoption/fostering leave, supporting partner leave, annual leave and long service leave. An employee will not be granted paid personal/carer’s leave or compassionate/bereavement leave during a period of unpaid parental leave, unless the unpaid parental leave runs concurrently with another leave type where an employee is entitled to access paid personal leave under clause F9G9. Periods of unpaid parental leave will not count as service for any purpose (unless otherwise provided under Commonwealth legislation). Where an employee’s partner is entitled to access parental leave (paid or unpaid) either under this Agreement, or in accordance with the terms and conditions of employment provided by another employer, the total period of parental leave that may be taken between the couple cannot exceed 24 months after the day of birth or the date of placement. Nothing in this Agreement affects an employee’s entitlements to paid or unpaid parental leave (however described) under Commonwealth legislation, including the Fair Work Act 2009, the Maternity Leave (Commonwealth Employees) Act 1973, and the Paid Parental Leave Act 2010. A15Return Return to work after parental leave On ending maternity leave, supporting partner leave, adoption/▇▇▇▇▇▇ care leave or general parental leave, an employee is entitled to return to: the employee’s pre-leave duties; or if those duties no longer exist, an available position for which the employee is qualified and suited at the same classification and pay (subject to clauses B5 B.4 and B6 B.5 of this Agreement) as applied pre-leave. Where this is not practical, other duties will be sought. For the purposes of this clause F15, “duties” means those performed: if the employee was moved to safe duties because of their pregnancy – immediately before that move; if the employee began working part-time because of their pregnancy – immediately before that part-time employment began; or otherwise, immediately before the employee commenced leave.