Policies

Parental Leave

Parental Leave is the term used to describe maternity, paternity and adoption leave provided for employees in connection with the birth or adoption of a child.

The following information represents the minimum entitlements available to parents. Some workplace agreements have provisions which extend some of these entitlements. Please contact the SDA to find out your entitlements for your specific circumstances.

NOTE: * Denotes areas where there may be some variation.

Maternity Leave is unpaid* leave which a mother is entitled to take before, during and after the birth of her baby.

A total of up to 52 weeks* is available to a woman who has 12 months* continuous service with the same employer.

Paternity Leave is unpaid leave for male employees.

Up to 52 weeks* is available, of which one week* may be taken at the time of the birth, and up to 51 weeks can be taken to be the main care-giver to the child, up to his or her first birthday.

Paternity leave is reduced by any maternity leave taken for the same child, i.e. the total combined amount of maternity and paternity leave available for each family is 52 weeks* and leave may not be taken at the same time except for one week* at the time of the birth.

Adoption Leave is unpaid leave available to both men and women in the case of an adoption of a child under five years of age.

Up to 52 weeks* of this leave is available to the parent who assumes the principal role of providing care and attention to the adopted child.

Parents can take up to three weeks at the time of placement, with the balance of the 52 weeks taken by one parent or shared between both parents.

These days many parents have to juggle their work and family responsibilities, so it is important to know your rights regarding parental leave.

If you need more information, please contact the Union for advice and assistance on (03) 9629 2299.

MATERNITY LEAVE

Maternity leave is available to the mother of a child under the age of one year. It is unpaid leave of up to 52 weeks*. Some commonly asked questions are answered here:

Do I have to be married to be entitled to maternity leave?

No. Both married and unmarried women are entitled to maternity leave.

Are all pregnant women entitled are to maternity leave?

No. You must have been working with your present employer for at least 12 months* continuously before you can take maternity leave. Full-time and part-time employees are entitled to maternity leave under these conditions. Some casual employees are entitled to unpaid parental leave subject to certain conditions. If you are a casual employee, please contact the Union to check your entitlements.

Can I take maternity leave at the same time as my partner's paternity leave?

Your entitlement to maternity leave is reduced by any period of paternity leave taken by your spouse or partner.

Apart from paternity leave of up to one week* at the time of your confinement, maternity leave is not to be taken at the same time as your spouse's paternity leave.

How do I apply for maternity leave?

At least 10 weeks before the expected birth of your child you must officially notify your employer by providing a medical certificate stating that you are pregnant and the expected birth date of your child. (See sample letters at the end of this section.)

At least four weeks before you propose to take maternity leave you must provide your employer with:

• Written notification of the period of leave you wish to take. (See sample letter at the end of this section.)

• A Statutory Declaration stating any paternity leave your partner has applied for and that you will not engage in any activities inconsistent with your employment award or agreement during your maternity leave. (See sample letter at the end of this section.)

Note: If your child is born sooner than expected you will not be in breach of the above stated time frames.

We recommend that you keep copies of all documentation provided to your employer and that you request written confirmation of leave arrangements, in case of a query or dispute.

Can my employer require me to take maternity leave earlier than I plan to?

Yes. By giving you at least 14 days notice in writing, your employer may require you to begin maternity leave at any time within the six week period leading up to the expected birth date of your child.

What can I do if I need more suitable work for health reasons while I am pregnant?

Give your employer a medical certificate and ask to be changed to a safe job. This applies even if you are not entitled to maternity leave.

You may be paid at the rate and on the conditions relevant to that job until the commencement of your maternity leave.

Your employer must provide you with safe and suitable work if it is available but if your employer can demonstrate that transfer to a safe job is not possible, you or your employer may decide that maternity leave will begin earlier, or for a period certified as necessary by your treating doctor.

With the agreement of your employer, you may work part time in one or more periods while pregnant if it is necessary or desirable.

What happens if I become ill while pregnant and still working?

If you have an illness related to your pregnancy, for example, high blood pressure, you can take special unpaid maternity leave. You must have a doctor's certificate confirming that this is necessary.

You also have the option of taking accrued sick leave, annual leave or long service leave.

Special Maternity Leave is maternity leave recommended by a registered medical practitioner. It is counted as part of maternity leave.

Can I be dismissed because I am pregnant or sick in connection with my pregnancy?

NO. Your employer cannot dismiss you because you are pregnant or are sick in connection with your pregnancy.

What happens if I have a miscarriage or still birth?

Before starting maternity leave - your maternity leave is automatically cancelled. If you are more than 28 weeks pregnant at the time of the miscarriage or stillbirth, you may take a period of special maternity leave recommended by a medical practitioner.

While on maternity leave - you must immediately inform your employer and give notice that you wish to return to work. Your employer must nominate a date when you can resume work which must be within four weeks from the date you gave notice. (See sample letter at the end of this section.)

Can I extend my maternity leave?

Yes, it may be lengthened once only by giving your employer at least 14 days written notice, stating the period by which the leave is to be lengthened. (See sample letter at the end of this section.) A further extension of maternity leave is possible by agreement with your employer.

Can I shorten my maternity leave?

Yes, it may be shortened with the consent of your employer, by giving 14 days written notice stating the period by which leave is to be reduced. (See sample letter at the end of this section.)

Can I take holiday leave or long service leave when I have the baby?

Yes. If you are entitled to annual leave or long service leave, you may take it instead of or in addition to unpaid maternity leave, however, the total of all leave must not exceed 52 weeks*.

You cannot take, for example, a combination of 52 weeks maternity leave plus four weeks annual leave - you can only take 48 weeks maternity leave and four weeks annual leave.

Can my employer appoint a replacement employee while I am on maternity leave?

YES. Your employer must inform the replacement employee of the temporary nature of their employment. However, your employer is not obliged to engage a replacement employee while you are on leave.

Can I resign while on maternity leave?

YES. You may resign at any time during your maternity leave by giving notice in accordance with your award or agreement.

Can I be dismissed because I am on maternity leave?

NO. Your employer cannot dismiss you because you are on maternity leave or special maternity leave.

What are the procedures for returning to work after maternity leave?

At least four weeks before your maternity leave is due to end, you must provide your employer with written confirmation that you will be returning to work on the date previously advised. (See sample letter at end of this section.)

When I return from maternity leave am I entitled to my original position?

YES. If you were transferred to a 'safer job' prior to taking maternity leave you will be entitled to the job you held prior to the transfer.

What happens if I return from maternity leave and my original job no longer exists?

You will be entitled to a position comparable in status and pay to that of your former position as long as you are qualified and capable of performing the duties of the new position.

Is maternity leave counted as part of continuous service?

NO. However, it does not break the period of continuous service.

After the birth of my child can I temporarily transfer my employment from full-time to part-time?

YES. You can enter an agreement with your employer to work on a part-time basis up to your child's second birthday. After this period of part-time work you have the right to return to your former full-time job.

However, your long service leave or annual leave may be affected. Please contact the SDA for advice.

We recommend that you obtain your employer's agreement to this arrangement in writing in case of a query or dispute. We also recommend that if you choose to take up the option to return to full-time work at the time of your child's second birthday that you give your employer 4 weeks notice, if possible, presenting your written agreement as evidence of the arrangement.

Do I have to complete another 12 months of service before I can take maternity leave again?

NO, unless your period of continuous service is broken.

How do I notify my employer?

If you intend to take maternity leave or alter your existing leave arrangements, you must notify your employer in writing within specified time limits.

The following are examples of letters you may wish to use to advise your employer about your leave.

Don't forget to address, date, sign and keep a copy of any letters you send your employer.

DRAFT LETTER 1 - Notification of Pregnancy

This letter can be used to notify your employer of the expected date of confinement and must be delivered to your employer at least 10 weeks before the anticipated date.

In relation to maternity leave, I wish to notify you that the expected date of my confinement is (insert date). I enclose a doctor's certificate which confirms my pregnancy and states the presumed date of my confinement.

DRAFT LETTER 2 - Notification of Maternity Leave

This letter can be used to notify your employer of the commencement date and period of leave. It must be delivered to your employer at least four weeks before your leave starts.

I wish to commence maternity leave on (insert date). I will be taking (insert relevant number) weeks leave and will be returning to work on (insert date).

STATUTORY DECLARATION - Stating any Paternity Leave your Partner has applied for

I, (insert name), of (insert address) declare that:

My partner, (insert name), of (insert address), has applied for (insert number) weeks paternity leave on the birth of our child. During my own leave I will not engage in any activities inconsistent with my employment award or agreement.

(The Declaration must be signed by a person authorised to witness a statutory declaration, such as a Justice of the Peace, a member of the police force, a solicitor or a bank manager. This person must also witness your signature.)

DRAFT LETTER 3 - Notification of Return to Work

This letter can be used when returning to work after maternity leave and must be delivered to your employer at least four weeks before you return to work.

I left work on (insert date) because of my pregnancy. I now wish to confirm my intention of returning to work after the expiration of my period of maternity leave on (insert date).

DRAFT LETTER 4 - Notification of Return to Work Part-time

This letter can be used when returning to work after maternity leave and seeking to return on a part-time basis. It must be delivered to your employer at least four weeks before you return to work.

I left work on (insert date) because of my pregnancy. I now wish to confirm my intention of returning to work on (insert date) as previously advised.

I wish to return to work on a part-time basis and am available to work (insert hours and days). Please advise me of my roster as soon as possible, to allow me to make the necessary child care arrangements.

DRAFT LETTER 5 - Extension of Maternity Leave

This letter can be used to lengthen your period of leave.

I left work on (insert date) to commence (insert number) weeks maternity leave. I now wish to lengthen the period of my maternity leave by (insert number) weeks. I will not be returning to work on (insert date).

DRAFT LETTER 6 - Shortening of Maternity Leave

This letter can be used to shorten your period of leave.

I left work on (insert date) to commence (insert number) weeks maternity leave. I now wish to shorten my leave by (insert number) weeks and return to work on (insert date). Could you please provide me with your written consent as soon as possible.

DRAFT LETTER 7 - Cancellation of Maternity Leave due to Miscarriage or Still Birth

This letter can be used by a woman on maternity leave whose pregnancy has terminated other than by the birth of a living child and who wishes to return to work before the expiration of her maternity leave.

I left work on (insert date) to commence (insert number) weeks maternity leave . As my Pregnancy has ended other than by the birth of a living child, I wish to resume work on (insert date). I know that I am entitled to resume work after four weeks from the date of this letter, or earlier with your consent. Please notify me as soon as possible of the date when I can resume work.

MATERNITY ALLOWANCE

What is the Maternity Allowance? The Maternity Allowance is a payment which assists families with children. It provides extra help to families when they have a baby - at a time when they face extra costs as well as, for many, a drop in income.

Who is eligible?

The Maternity Allowance is paid to mothers for each baby born on or after 1 February 1996.

It is also paid for adopted babies, for each child in multiple births and if a child is stillborn.

You are able to receive the Maternity Allowance if you've just left the paid workforce to have a baby or if you've been out of the workforce looking after your children.

You are eligible for the Maternity Allowance if your family qualifies for Basic Family Payment, so if this is your first child and your family's income is less than the current threshold, you will get this payment. Limits are higher if you already have other children. The Maternity Allowance won't be taxed.

How do I claim?

Claiming your Maternity Allowance is easy. You don't have to fill out any extra forms - it is simply part of your Family Payment Claim Form and is paid with your first Family Payment.

For more information dial 13 13 05 from anywhere in Australia for the cost of a local call.

PATERNITY LEAVE

Paternity leave is unpaid* leave available to male employees providing care and attention to a child under the age of one year.

Men who have worked full time or part time for the same employer for at least 12 months* can take up to 52 weeks* paternity leave.

Some casual employees are entitled to unpaid parental leave subject to certain conditions. If you are a casual employee, please contact the Union to check your entitlements.

One week* of short leave may be taken to assist your spouse or partner at the time of her confinement, while up to 51 weeks* extended leave may be taken to provide the main care and attention to the child until his or her first birthday.

Paternity leave is reduced by any maternity leave taken for the same child - i.e. the total amount of combined maternity/paternity leave available to each family is 52 weeks*. Leave may not be taken at the same time except for the one week of short leave at the time of the birth.

Some commonly asked questions are answered here:

Are all fathers entitled to paternity leave?

No. You must have had at least 12 months* continuous service with your present employer immediately preceding the date when you commence short or extended paternity leave.

Do I have to be married to be entitled to paternity leave?

No - the term "spouse" includes de facto partners.

How do I apply for paternity leave?

At least 10 weeks before you propose to take paternity leave, you must notify your employer of the dates of each period of leave you wish to take and provide a medical certificate stating the name of your partner and the expected birth date of your child or the date which your child was born. (See sample letter at the end of this section.)

If you are applying for an unbroken period of up to 51 weeks leave you must provide a Statutory Declaration stating the length of paternity leave you propose to take and the period of maternity leave your partner intends to take. (See sample at the end of this section.)

You must also state that you are seeking paternity leave to become the primary carer of the child and that you will not engage in any conduct inconsistent with your employment contract.

Can I combine paternity leave with other leave entitlements?

Yes. You can take annual leave or long service leave in conjunction with, or instead of, paternity leave as long as your total period of leave does not exceed 52 weeks*.

Can I take time off when the baby is born?

Yes. An unbroken period of up to one week* may be taken at the time of the birth of your child. This leave can start before the birth, so you can take your partner to hospital and stay with her through the birth.

This period is referred to as short paternity leave.

Can I take further time off after the baby is born?

Yes. After short paternity leave, an unbroken period of up to 51 weeks* may be taken to be the primary care giver to the child. This period is referred to as extended paternity leave and can last until the child's first birthday*.

Can I take leave at the same time as my partner?

Only the short paternity leave period may be taken at the same time as your spouse or partner takes maternity leave - further leave cannot be taken at the same time as your partner.

Extended paternity leave is reduced by any period of maternity leave taken by your spouse or partner in relation to the same child.

For example, if your spouse takes 12 weeks maternity leave, you can only take up to 40 weeks paternity leave.

Is it possible to lengthen the period of paternity leave?

Yes, provided the maximum period of combined paternity/maternity leave does not exceed 52 weeks*.

You can only lengthen the period of extended paternity leave once. You must provide your employer with at least 14 days notice in writing, stating the period by which the leave is to be lengthened. (See sample letter at end of this section)

Paternity leave may be further lengthened only by agreement between you and your employer.

Is it possible to shorten the period of paternity leave?

Yes. Provided your employer consents, you can reduce the period of extended leave. You must give your employer at least 14 days notice in writing, stating the period by which the leave is to be shortened. (See sample letter.)

Under what circumstances can paternity leave be cancelled?

If your partner has a miscarriage or a stillbirth your paternity leave is automatically cancelled.

Can I take annual or long service leave in conjunction with paternity leave?

YES. You can take annual leave or long service leave in conjunction with, or instead of, paternity leave as long as your total period of leave does not exceed 52 weeks*.

During paternity leave you cannot take paid sick leave or other paid authorised award absences (excluding annual leave or long service leave).

Can my employer appoint a replacement employee while I am on paternity leave?

YES. Your employer must inform the replacement employee of the temporary nature of their employment. However, your employer is not obliged to engage a replacement employee while you are on leave.

Can I resign while on paternity leave?

YES. You may resign at any time during your paternity leave by giving notice in accordance with your award or agreement.

Can I be dismissed because I am on paternity leave?

NO. Your employer cannot dismiss you because you are on paternity leave.

What are the procedures for returning to work after paternity leave?

At least four weeks before your paternity leave is due to end, you must provide your employer with written confirmation that you will be returning to work on the date previously advised. (See sample letter at end of section.)

When I return from paternity leave am I entitled to my original position?

YES.

What happens if I return from paternity leave and my original job no longer exists?

You will be entitled to a position comparable in status and pay to that of your former position as long as you are qualified and capable of performing the duties of the new position.

Is paternity leave counted as part of continuous service?

NO. However, it does not break the period of continuous service.

After my child is born can I temporarily transfer my employment from full-time to part-time?

YES. You can enter an agreement with your employer to work on a part-time basis up to your child's second birthday. After this period of part-time work you have the right to return to your former full-time job.

However, your long service leave or annual leave may be affected. Please contact the SDA for advice.

We recommend that you obtain your employer's agreement to this arrangement in writing, in case of a query or dispute. We also recommend that if you choose to take up the option to return to full-time work at the time of your child's second birthday that you give your employer 4 weeks notice, if possible, presenting your written agreement as evidence of the arrangement.

How do I notify my employer that I want to apply for paternity leave?

If you intend to take paternity leave or alter existing leave arrangements, you must notify your employer in writing within specified time limits.

The following are examples of letters you may wish to use to advise your employer about your leave.

Don't forget to address, date and sign, and keep a copy of any letters you send to your employer.

DRAFT LETTER 1 - Notification of Paternity Leave up to one Week

This letter can be used by a male employee applying for paternity leave of up to one week at the confinement of his spouse and must be delivered to his employer at least 10 weeks before the proposed leave.

I wish to commence paternity leave on (insert date.) I will be taking (insert number) days leave, and will return to work on (insert date). I enclose the required doctor's certificate which states the expected birth date of my child.

DRAFT LETTER 2 - Notification of Paternity Leave of up to 51 weeks

This letter can be used by a male employee applying for paternity leave to become the primary care giver to a child and must be delivered to his employer at least 10 weeks before the proposed leave.

I wish to commence paternity leave on (insert date). I will be taking (insert number) weeks leave and will return to work on (insert date). I enclose the required doctor's certificate and statutory declaration.

STATUTORY DECLARATION

This must be signed by a person authorised to do so and given to the employer with the previous letter. The people authorised to witness statutory declarations differ in each state, but usually include a Justice of the Peace, a member of the police force, a solicitor, town clerk or bank manager. You should type or print clearly on the statutory declaration but not sign it. Take it to the person authorised to witness it and sign it in front of them.

STATUTORY DECLARATION - Paternity Leave

I, (insert name) of (insert address), declare that:

For the period of my paternity leave I will be the primary carer of my child. My partner, (insert name), of (insert address), has applied for (insert number) weeks maternity leave for the same child. During my own leave I will not engage in any activities inconsistent with my employment award or agreement.

(The declaration must be signed by a person authorised to witness a statutory declaration, such as a Justice of the Peace, a member of the police force, a solicitor or a bank manager. This person must also witness your signature.)

DRAFT LETTER 3 - Extension of Paternity Leave

This letter can be used if you wish to extend your paternity leave and must be delivered to your employer at least two weeks before the variation is to take effect.

I left work on (insert date) to commence (insert number) weeks paternity leave. I now wish to lengthen my paternity leave by (insert number) weeks. I will now be returning to work on (insert date).

DRAFT LETTER 4 - Shortening of Paternity Leave

I left work on (insert date) to commence (insert number) weeks paternity leave. I now wish to shorten my leave by (insert number) weeks and return to work on (insert date.) Could you please provide me with your written consent as soon as possible.

DRAFT LETTER 5 - Notification of Return to Work

This letter can be used when returning to work after paternity leave. It must be delivered to your employer at least four weeks before you return to work.

I left work on (insert date) to take paternity leave. I now wish to confirm my intention of returning to work on (insert date), as previously advised.

DRAFT LETTER 6 - Notification of Return to Work Part-time

This letter can be used when returning to work part-time after paternity leave and seeking to return on a part-time basis. It must be delivered to your employer at least four weeks before you return to work.

I left work on (insert date) to take paternity leave. I now wish to confirm my intention of returning to work on (insert date) as previously advised.

ADOPTION LEAVE

Adoption leave is unpaid leave for men and women when adopting a child under five years of age. Up to 52 weeks* are available to the parent who assumes the role of primary carer.

It also applies where a child is adopted by a relative, such as a grandparent, brother, sister, aunt or uncle.

Who is eligible for Adoption Leave?

Male and female full and part-time employees who have 12 months continuous service with their employer.

Some casual employees are entitled to unpaid parental leave subject to certain conditions. If you are a casual employee, please contact the Union to check your entitlements.

Adoption leave cannot exceed 52 weeks*, but can be taken as:

• short adoption leave - an unbroken period of up to three weeks* at the time of the child's placement; and/or
• extended adoption leave - an unbroken period of up to 52 weeks* from the time of the child's placement.

Adoption leave cannot be taken where the adoption includes a child who has lived with you for a continuous period of six months or more or where the adoption involves your own or your partner's child or stepchild. Some commonly asked questions are answered here:

Can I take leave for the necessary interviews and examinations?

Yes. You are entitled to two days unpaid leave to attend compulsory interviews or examinations necessary as part of the adoption process. If paid leave is available, your employer may require you to take this instead of the unpaid leave.

Can my spouse claim adoption leave?

You and your partner are entitled to a combined maximum of 52 weeks* adoption leave.

Can we both be on leave at the same time?

You can only be on leave at the same time during the three weeks* at the time of placement.

How do I apply for adoption leave?

As soon as you receive confirmation that your adoption application has been approved, you must notify your employer. (See sample letter at end of this section.) Within two months of the confirmation you must provide your employer with:

• Written notification of the period of adoption leave you intend to take based on the presumed date of placement of the child. (See sample letter at end of this section.)
• A statement from an adoption agency or other appropriate body of the presumed date of placement of the child (if known) or a statement from the appropriate government authority confirming that the adoption will take place pending application for an adoption order.
• A Statutory Declaration stating that you are seeking adoption leave to become the primary carer of the child and the particulars of any period of adoption leave sought or taken by your partner. You must also state that you will not engage in any conduct inconsistent with your employment award or agreement.(See sample letter at end of this section.)

Once the placement date of the child has been confirmed, you must provide your employer with written notification. This must be no later than 14 days before the placement occurs and must also confirm the date you propose to start adoption leave. (See sample letter at end of this section.)

Note: You will not be in breach of the above time frames if, through circumstances beyond the control of the employee, the placement of the child occurs earlier.

Can I extend my adoption leave?

Yes, you can extend it once only by giving your employer at least 14 days written notice stating the period by which you wish to lengthen your leave.(See sample letter at end of this section.)

Adoption leave may be further extended only by agreement with your employer.

Can I shorten my adoption leave?

Yes, it can be shortened with the consent of your employer, by giving 14 days written notice stating the period by which the leave is to be reduced.(See sample letter at end of this section.)

Can I take annual leave or long service leave as well?

Yes. You may take annual leave or long service leave in conjunction with, or instead of, adoption leave, as long as your total period of leave does not exceed 52 weeks*.

What if the placement of the child does not proceed?

If the placement of a child does not proceed and you have not commenced your adoption leave, the adoption leave is cancelled.

If adoption leave commences but the placement does not continue you must immediately provide your employer with written notice. (See sample letter at end of this section.)

Your employer must nominate a time for your return to work within the next four weeks.

Can my employer appoint a replacement employee while I am on adoption leave?

Yes. Your employer must inform the replacement employee of the temporary nature of their employment. However, your employer is not obliged to engage a replacement employee while you are on leave.

Can I resign while on adoption leave?

Yes. You may resign at any time during your adoption leave by giving notice in accordance with your award or agreement.

Can I be dismissed because I am on adoption leave?

No. Your employer cannot dismiss you because you are on adoption leave (or special adoption leave).

What are the procedures for returning to work after taking adoption leave?

At least four weeks before your adoption leave is due to end, you must provide your employer with written confirmation that you will be returning to work on the date previously advised. (See sample letter at end of this section.)

When I return from adoption leave am I entitled to my original position?

Yes.

What happens if I return from adoption leave and my original job no longer exists?

You will be entitled to a position comparable in status and pay to that of your former position as long as you are qualified and capable of performing the duties of the new position.

Is adoption leave counted as part of continuous service?

No. However, it does not break the period of continuous service.

After my child's placement can I temporarily transfer my employment from full-time to part-time?

Yes. You can enter an agreement with your employer to work on a part-time basis up to the second anniversary of the child's placement. After this period of part-time work you have the right to return to your former full-time job.

However, your long service leave or annual leave may be affected. Please contact the SDA for advice.

We recommend that you obtain your employer's agreement to this arrangement in writing, in case of a query or dispute. We also recommend that if you choose to take up the option to return to full-time work at the time of your child's second birthday that you give your employer 4 weeks notice, if possible, presenting your written agreement as evidence of the arrangement.

How do I notify my employer that I intend to apply for adoption leave?

If you intend to take adoption leave or alter existing leave arrangements, you must notify your employer in writing within specified time limits.

The following are examples of letters you may wish to use regarding adoption leave. These letters may need to be modified in the case of a relative's adoption.

Don't forget to address, date, sign and keep a copy of any letters you send your employer.

DRAFT LETTER 1 - Notification of Adoption Approval

You can use this letter to notify your employer about approval for adoption. It must be delivered to your employer when you receive notice of the adoption approval.

In relation to adoption leave, I wish to notify you that my application for the adoption of a child has been approved.

DRAFT LETTER 2 - Notification of Taking Adoption Leave

You can use this letter to notify your employer of the period or periods of adoption leave you propose to take. It must be delivered to your employer within two months of the adoption approval.

I wish to notify you that at this stage I intend to take (insert number) weeks adoption leave in relation to my proposed adoption. (If taking adoption leave in two periods, explain how long each period will be.) As soon as I am aware of when a child will be placed with me, I will advise you about the date of placement, when I will commence adoption leave, and how much leave I will take.

A statement is enclosed from (insert name of adoption agency or other body) confirming that the adoption will take place and providing the presumed date of placement(if known).

STATUTORY DECLARATION

I, (insert name) of (insert address), declare that:

For the period of my adoption leave I will be the primary carer of my child. My partner, (insert name), of (insert address), has applied for (insert number) weeks adoption leave for the same child. During my own leave I will not engage in any activities inconsistent with my employment award or agreement.

(The Declaration must be signed by a person authorised to witness a statutory declaration, such as a Justice of the Peace, a member of the police force, a solicitor or a bank manager. This person must also witness your signature.)

DRAFT LETTER 3 - Notification of Anticipated Date of Placement and Taking of Adoption Leave

This letter can be used to notify your employer of the anticipated date of placement. This must be delivered to your employer at least 14 days before the anticipated date of placement and should include a statement from the relevant adoption agency and the date of commencement of any adoption leave.

I wish to notify you that the date of placement of a child with me for adoption purposes is (insert date). A statement is enclosed from (insert name of adoption agency or other body) stating the date of placement for your information. I propose to commence adoption leave on (insert date). I will be taking (insert number of days or weeks) leave and will be returning to work on (insert date).

DRAFT LETTER 4 - Extension of Adoption Leave

This letter can be used to vary your extended adoption leave and must be delivered to your employer at least two weeks before the variation is to take effect.

I left work on (insert date) to commence (insert number) weeks adoption leave. I now wish to lengthen my leave by (insert number) weeks. I will now be returning to work on (insert date).

DRAFT LETTER 5 - Shortening of Adoption Leave

I left work on (insert date) to commence (insert number) weeks adoption leave. I now wish to shorten my leave by (insert number) weeks and return to work on (insert date). Could you please provide me with your written consent as soon as possible.

DRAFT LETTER 6 - Cancellation of Adoption Leave after it has commenced

This letter can be used if you have commenced adoption leave but the placement of a child does not proceed or continue. It must be delivered to your employer as soon as the placement stops.

I left work on (insert date) to commence adoption leave. The placement of the child for adoption purposes has not proceeded and I am now available to resume work. I know that I am entitled to resume work after four weeks from the date of this letter, or earlier with your consent. Could you please notify me as soon as possible of the date when I can resume work.

DRAFT LETTER 7 - Notification of Return to Work

This letter can be used when returning to work after adoption leave and must be delivered to your employer at least four weeks before you return to work.

I left work on (insert date) to take adoption leave. I now wish to confirm my intention of returning to work, on (insert date), as previously advised.

PARENTAL LEAVE AND SUPERANNUATION

For members of REST, the Fund's insurance policy provides death and disability cover for up to one year from the commencement of Parental Leave. If a member wishes to extend their leave beyond one year, the cover may be extended but it is important to contact REST prior to the 12 months elapsing. For more information, phone REST Customer Service on 1300 300 778 for the cost of a local call.

PRE-NATAL LEAVE

Most SDA enterprise agreements provide for employees to take paid pre-natal leave. Even where this is not a specified additional entitlement, pregnant employees are entitled to use their sick leave to attend regular pre-natal medical appointments or special appointments associated with pregnancy complications, subject to the same conditions that apply to sick leave generally.

GENERAL QUESTIONS

Here are the answers to some general questions about return to work, dismissals, resignations and continuity of service.

What is the procedure for returning to work after taking parental leave?

If you have been on maternity, paternity or adoption leave, you must confirm your intention of returning to work by giving your employer at least four weeks' notice in writing before the end of your leave.

Am I entitled to the same job when I return from parental leave?

Yes. If you are returning to work after taking maternity, paternity or adoption leave, you are entitled to return to the job you held immediately before you began your leave (not including a job to which you were transferred because of your pregnancy). If your job no longer exists when you return to work, and other jobs are available, you must be given the job which is, in terms of salary and status, most like the one you did before you went on leave. It must also be a job which you are capable of doing.

What if I have been replaced by another employee while I've been on parental leave?

A replacement employee is someone specifically engaged as a result of your absence on maternity, paternity or adoption leave.

Your employer must inform the replacement employee of the temporary nature of their employment and your rights when you return to work.

Your employer is not obliged to engage a replacement employee while you are on leave.

Can I resign while I'm on parental leave?

Yes. You may terminate your employment at any time by giving your employer the appropriate notice in accordance with any relevant award or employment agreement.

Can I be dismissed while I am on parental leave?

No. Your employer may not dismiss you because of your pregnancy or absence from work on any type of parental leave or associated special leave.

Remember:

• You can't be dismissed because you are pregnant.
• You can't be dismissed because you are sick during your pregnancy and the doctor says you must take leave.
• You can't be dismissed because you need to be transferred to a safe job.

How does parental leave affect my continuity of service?

Absence on maternity, paternity or adoption leave does not break your continuity of service, but it is not included in calculating your period of service for other forms of leave such as long service leave or annual leave.

How long do I have to be back at work before taking more parental leave for a second child?

Once you have qualified for one type of parental leave by having 12 months continuous service with an employer, you do not have to requalify with that employer unless your employment is broken.

For example, you may take maternity leave, return to work several months later and then discover that you are pregnant again. You are entitled to take further maternity leave without working a 12 month period between returning to work after the first baby and taking leave a second time. In cases where employment is broken, you would have to build up another 12 months continuous service in order to qualify for leave again.

AUSTRALIA'S PAID PARENTAL LEAVE SCHEME AT A GLANCE

A Message from SDA Secretary Peter Malinauskas

“Parental Leave ensures that parents can take time away from work to care for their newborn or newly adopted child, secure in the knowledge that they still have a job to return to. Parental leave is available under certain conditions so it is important that you know your rights and responsibilities regarding parental leave… and the SDA can help you with this.”

The Federal Government’s Paid Parental Leave Scheme is available for employed parents of babies born on or after January 1, 2011. It is also available for employed parents of children under 16 years of age who are adopted from January 1.

The SDA works extremely hard not only to maintain but to improve parental leave rights for our members. To help our members, we have a special booklet available which answers many common questions about the minimum parental leave entitlements available to parents in all States.

Most Enterprise Agreements have provisions which are better than these minimum entitlements – and the SDA can help you with this information as well.

If you meet the criteria for Paid Parental Leave, the payment is equal to 18 weeks at the National Minimum Wage rate before tax. It is paid to the primary carer which is usually the mother but it can also be paid to the child’s other legal parent or their partner (if eligible). The payment is taxed.

If you are eligible to receive the Government Paid Parental Leave, you must decide whether you will be better off financially receiving this payment or receiving other government payments such as the baby bonus.

To help you choose the option which is best for you and your family, you can speak to the Family Assistance Office on 13 61 50 or go to www.familyassist.gov.au.

Contact the SDA for a copy of our information booklet by telephoning 08 8139 1000 and ask for any store-specific advice on your Parental Leave. Alternatively, you can send an email to secretary@sda.com.au.