PARENTAL LEAVE ENTITLEMENTS
- What governs parental leave entitlements?
- What is my entitlement to parental leave?
- Do part-time staff members receive the same entitlements as full-time staff members?
- Are casual and sessional staff members entitled to parental leave?
- Do fixed-term staff members receive the same entitlement as ongoing staff members?
- I am currently on a working Visa. Am I entitled to parental leave?
PARENTAL LEAVE PAYMENT & EFFECT ON OTHER ENTITLEMENTS
- What payment options are available?
- Can I elect the advance pay option and then return to work earlier than 26 weeks after starting my leave?
- Can a part-time staff member elect the half rate payment option?
- Will my increment date be affected when I take parental leave?
- How will the taking of parental leave affect my superannuation?
- Will I receive any salary increases (such as enterprise bargaining increases) that occur during the period of leave?
PARENTAL LEAVE AND OTHER LEAVE
- Can I use sick leave for reasons relating to my pregnancy?
- Can I apply for recreation leave and/or long service leave in addition to my parental leave?
- Is the maximum 52-week parental leave period inclusive of other types of leave that may be taken?
- Will I receive the benefit of public holidays that fall within my paid parental leave?
STARTING & FINISHING PARENTAL LEAVE
- What will I be entitled to if I apply for parental leave but am required to leave work before my designated date because of a premature birth, medical advice or other compelling reason?
- Can I return to work early from a period of parental leave?
- Do I need to take my parental leave entitlement in one continuous block?
- Can I apply to extend a period of parental leave if I have commenced an approved period that is less than 52 weeks?
- Can I extend my parental leave period beyond 52 weeks?
- Do I need to satisfy the 12 month service provision following a return from one period of maternity leave before being eligible to take a second period of maternity leave?
- What happens if my pregnancy ends earlier than the due date?
- Do I need to contact my supervisor prior to the end of my leave?
OTHER PARENTAL LEAVE FAQs
- Can I take parental leave at the same time that my partner is taking parental leave?
- My partner, who does not work at QUT, and I are expecting a baby. Are we both entitled to take 52 weeks parental leave?
- What are my supervisor’s responsibilities?
Download entire Parental Leave Guidelines document here.
What governs parental leave entitlements?
QUT’s Parental Leave Policy (MOPP B/6.6) outlines parental leave provisions for professional and academic staff. Provisions for senior staff are detailed in Clause 26 of the QUT Certified Agreement (Senior Staff). The University’s parental leave provisions meet, and exceed, the parental leave provisions within the Australian Fair Pay and Commission Standard.
What is my entitlement to parental leave?
The entitlements to parental leave (unpaid and paid) are set out in Table 1.
Do part-time staff members receive the same entitlements as full-time staff members?
Part-time staff members receive the same entitlement to unpaid leave. Entitlements to paid leave are calculated on a pro-rata basis. The staff member still receives the same period of leave, but is paid at the appropriate fraction. For example a staff member employed 3 days per week (60% fraction) will be entitled to one week of partner leave, but will be paid for 3 of those days, as per his employment fraction.
Are casual and sessional staff members entitled to parental leave?
If you are an “eligible casual / sessional staff member” you are entitled to a total of 52 weeks of unpaid parental leave. An eligible casual or sessional staff member means a casual professional or sessional academic employed on a regular and systematic basis for a continuous period of employment for the period of at least 12 months prior to commencement of parental leave.
Do fixed-term staff members receive the same entitlement as ongoing staff members?
If you are employed on a fixed-term basis you are entitled to both paid and unpaid parental leave, to the expiry of your contract. The University has no obligation to offer you further employment, or extend your contract, so that you receive the full paid and/or unpaid parental leave entitlement. If your employment would have ended at the completion of your existing contract, the fact you are on parental leave will not affect that and your employment will end on the date specified in your contract.
However, it is unlawful not to continue employment on the basis of you being on parental leave. If your employment would have continued beyond its expiry had you not been on parental leave, you should be continued in your position and offered further employment either on a fixed-term or ongoing basis as appropriate.
To read sample scenarios relating to fixed-term employment and parental leave, please refer to Figure 1.
TABLE 1
Parental leave entitlements
TYPE OF LEAVE |
LENGTH OF SERVICE |
PAID ENTITLEMENT |
UNPAID ENTITLEMENT |
Maternity leave |
12 months or greater |
26 weeks |
26 weeks |
|
Greater than 9 months, but less than 12 months |
12 weeks |
40 weeks |
|
Less than 9 months |
none |
52 weeks |
|
Eligible casual/sessional staff member** |
none |
52 weeks |
Adoption leave (applies to the designated primary carer) |
12 months or greater |
26 weeks |
26 weeks |
|
Greater than 9 months, but less than 12 months |
12 weeks |
40 weeks |
|
Less than 9 months |
none |
52 weeks |
|
Eligible casual/sessional staff member** |
none |
52 weeks |
Partner leave |
12 months |
5 working days* |
51 weeks, provided the partner is the designated primary carer less any period of paid or unpaid parental leave taken by the other parent. |
|
Greater than 9 months, but less than 12 months |
3 working days* |
51 weeks and 2 working days, provided the partner is the designated primary carer less any period of paid or unpaid parental leave taken by the other parent. |
Eligible casual/sessional staff member** |
none |
52 weeks provided the partner is the designated primary carer less any period of paid or unpaid parental leave taken by the other parent. |
* Applies in the case of birth or adoption.
** An eligible casual or sessional staff member means a casual professional or sessional academic employed on a regular and systematic basis for a continuous period of employment for the period of at least 12 months prior to commencement of parental leave.
Figure 1
Entitlement of fixed-term staff members to parental leave
Sample scenarios
A staff member plans to commence maternity leave after completing 13 months of in 18 month fixed-term appointment. What will be her entitlement to maternity leave? Assuming the staff member’s employment would not have continued beyond its expiry, the staff member will be entitled to five months of paid leave (ie. up to the expiry of her contract). A full-time fixed-term staff member commences maternity leave eight months prior to the expiry of her three-year appointment. Is she entitled to paid maternity leave? Yes, provided the staff member elects the leave on full-pay option. The staff member is entitled to the full 26 weeks paid leave entitlement which must be paid during the eight months remaining on her contract. A full-time fixed-term staff member commences maternity leave two months prior to the expiry of her two-year appointment. What is the staff member’s entitlement to paid leave? The staff member is entitled to paid leave for the balance of her appointment period (ie. two months). A staff member is currently appointed to a 12-month research-funded position. This is her 4th consecutive 12-month appointment. She plans to commence maternity leave one month prior to the conclusion of her current appointment. Further funding will be made available, and the research centre intends to appoint a research assistant to the role for the term of the funding (presumably 12 months). Does the staff member have an entitlement to paid leave beyond the final month of her current appointment? Yes, the staff member would be offered further employment on a fixed-term basis and would therefore receive the full entitlement of 26 weeks paid leave. |
I am currently on a working Visa. Am I entitled to parental leave?
Federal Government requirements relating to Visas may impact on a staff member’s eligibility for paid parental leave. Please consult Human Resources for further information.
What payment options are available?
If you are planning to take a period of maternity or adoption leave, you will need to decide how you would prefer to take the paid component. The three options available are:
Option 1 – Full rate
Take the paid component at the full rate of pay (or appropriate fractional rate if you are a part-time staff member). For a full-time staff member this equates to 26 weeks of leave on full pay. For a fractional staff member this equates to 26 weeks of leave at the appropriate fractional rate.
Option 2 – Half rate
Take the paid component at the half rate of pay. For a full-time staff member this equates to 52 weeks on half pay. In order to administer this option, your average weekly hours will be adjusted to 50% of your normal average weekly hours for the period of that leave.
Option 3 – Advance pay
Take the entire paid component as an advance payment. Any subsequent period of parental leave (up to 52 weeks) is unpaid.
Table 2 summarises the effect of each of the payment options on leave accrual, superannuation and increment dates.
The advance pay is calculated on the basis that an eligible staff member will take the full entitlement of 26 weeks of leave. There is an expectation that a staff member who elects to take the advance pay option would not normally return to work earlier than the 26 weeks for which the payment is calculated. If you choose to return to work earlier than the 26 weeks for which you have been paid, the advance pay will be amended and the University will seek to recover any overpayment.
Can a part-time staff member elect the half rate payment option?
Yes. The paid leave will be calculated at half of the staff member’s fraction at the time of taking the leave. For example, if your fraction is 0.6 (60% of full-time) and you elect to take the half-pay option over 52 weeks, then you will be paid at the rate of 0.3 of the full-time rate (ie half of 0.6). In order to administer this option, your average weekly hours will be adjusted to 50% of your normal average weekly hours for the period of that leave.
Will my increment date be affected when I take parental leave?
Your increment date will not be affected by any period of paid leave.
If you take a period of unpaid parental leave which exceeds one month, your increment date will be adjusted by the total period of that unpaid leave.
Table 2 summarises the effect each payment option has on increment dates.
Figure 3a and Figure 3b contain two scenarios to demonstrate the effect of unpaid leave on the increment date.
How will the taking of parental leave affect my superannuation?
This depends on how you choose to take your leave. If you take leave without pay your superannuation contributions cease. QUT does not pay superannuation contributions for staff members on leave without pay. This will mean your final benefit will be less than it would have been if you hadn't taken this period of leave without pay.
If you are a UniSuper member you can elect to pay all the equivalent contributions (both member and employer) to cover this period of nil pay. Contact the Superannuation Officer for further information.
If you are a member of the QSuper Defined Benefit Plan you cannot pay contributions to the plan whilst on leave without pay. You can, however, pay contributions to the QSuper Accumulation Plan. These arrangements will need to be made directly with QSuper.
If you choose to take your paid parental leave entitlement at half-pay then your superannuation contributions will be pro-rated accordingly.
If you choose to take the advance pay option, the payment is treated as normal salary and as such your superannuation contributions (both member and employer) will be deducted for the 26 weeks from the advance payment amount.
The effect of each of the payment options on superannuation is summarised in Table 2.
TABLE 2
Payment options and implications for other entitlements
Payment option |
Leave accrual |
Superannuation |
Increment date |
Full-pay |
Not affected |
Not affected |
Not affected |
Half-pay |
Leave continues to accrue, but accrues at the half-rate |
Employer and employee contributions continue, but are pro-rated accordingly |
Not affected |
Advance pay* |
Not affected for the duration of the period for which advance pay is taken. |
Employer and employee contributions are deducted for the period upfront from the advance pay |
Not affected for the duration of the period for which advance pay is taken. |
Unpaid parental leave |
Leave accrues for the first 10 days of unpaid parental leave only |
Employer and employee contributions cease. The employee may elect to pay all equivalent contributions (both employer and employee) |
If the period of leave is less than one month, the increment date will not be affected |
* It is recommended that the staff member seek independent financial advice on the implications of receiving advance payment prior to choosing this option
Any salary increase will apply if it occurs during a period of paid leave. If the salary increase occurs during a period of unpaid leave, you will receive the benefit of that increase once you return to paid status.
Can I use sick leave for reasons relating to my pregnancy?
Prior to taking maternity leave you may use sick leave, personal leave or recreation leave for medical checkups or illness directly related to the pregnancy.
Sick leave is not intended to duplicate, replace or extend maternity leave. This means that sick leave is not available to be used once a period of parental leave has commenced.
Can I apply for recreation leave and/or long service leave in addition to my parental leave?
Yes. You may apply for all or part of your accrued recreation leave or long service leave (if eligible) to be taken in addition to, or in place of, the unpaid parental leave. Your leave application must be approved by the relevant authorising officer in your work area.
Is the maximum 52-week parental leave period inclusive of other types of leave that may be taken?
No. At QUT you may apply to take accrued recreation leave or long service leave (if eligible) in addition to your parental leave.
Will I receive the benefit of public holidays that fall within my paid parental leave?
Yes. Your period of paid leave will be extended by the number of public holidays which fall within that period. For example, if you take 26 weeks paid leave and two public holidays fall during that period, your leave will be extended by those two days, to a total of 26 weeks and two days.
If you take your leave at the half-pay rate, your leave will be extended for any public holidays that fall during this period, with payment for the public holidays at the half-pay rate.
There are options available to you depending on your current entitlement and the circumstances for your early leave commencement. You will need to provide a medical certificate and discuss your options with your supervisor and the Human Resources Department. Outcomes may include a variation to your maternity leave commencement date and period, or access to personal leave, accrued recreation leave, or sick leave if for a reason other than a premature birth.
Can I return to work early from a period of parental leave?
You can apply in writing to your supervisor to shorten your period of paid or unpaid leave; however, your return to work must be by mutual agreement.
Your supervisor will need to consider issues such as existing staff arrangements in place to cover your period of parental leave and current workload availability.
Do I need to take my parental leave entitlement in one continuous block?
Paid parental leave must be taken as one continuous period. An exception to this is the five days of partner leave, available at the time of the birth or adoption, which may be taken as single days. Unpaid parental leave is normally taken as one continuous period, but you may apply for shorter periods of leave. An application to take shorter periods of unpaid leave will be approved at the discretion of your authorising officer.
In any case, unpaid parental leave must be taken within two years of the actual date of birth, adoption or commencement of the long-term fostering or guardianship arrangement.
Yes, you can apply to extend the period of parental leave once only as long as the combined total of parental leave taken does not exceed the maximum 52 weeks. The combined period of parental leave excludes any recreation leave or long service leave taken during the period. You must give at least 14 days notice in your application to extend parental leave. If possible, a longer notice period (four to eight weeks, for example) will assist your supervisor in making or adjusting arrangements to cover the work in your absence.
Can I extend my parental leave period beyond 52 weeks?
Yes. You can extend your period of leave from the University on approval of the authorising officer by applying for other forms of leave, such as leave without pay (see B/6.5). This further period of leave is in addition to the 52 week parental leave period.
No. Any time spent on paid or unpaid parental leave is treated as continuous service for the purpose of determining eligibility for subsequent periods of parental leave. This means that a prior or current period of parental leave has no effect on an individual’s entitlement to further periods of parental leave. Parental leave is an individual entitlement and there is no restriction on the number of times a staff member may take parental leave.
How is the entitlement to parental leave calculated where my service fraction changes?
If your service fraction has changed, or you take a period of unpaid leave, in the 12 months leading up to parental leave, then your entitlement to paid leave will be calculated using the average service fraction over that 12 month period. The sample scenarios in Figure 4 shows the method of calculating the average service fraction.
Figure 4
Calculating the average service fraction
Scenario 1A full-time ongoing staff member has taken 12 months parental leave at half-pay. She returned to work for 9 months at 40% employment, before being due to go off on a further period of parental leave for the birth of a second child. Using the above example, the average service fraction is calculated as follows: 3 months @ 100% (3 x 1.0) = 3 months (100% is the fraction worked prior to the first period of parental leave) The staff member’s entitlement would therefore be calculated using 55% as the service fraction. This equates to an entitlement of 26 weeks x 0.55. Scenario 2A full-time ongoing staff member has taken 12 months parental leave at half-pay. She then takes 6 months unpaid parental leave. She returns to work for 6 months at 50% employment, before being due to go off on a further period of parental leave for the birth of another child. Using the above example, the average service fraction is calculated as follows: 6 months @ 0% (unpaid leave) = 0 months The staff member’s entitlement would therefore be calculated using 25% as the service fraction. This equates to an entitlement of 26 weeks x 0.25 Scenario 3
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What happens if my pregnancy ends earlier than the due date?
If you are further than 20 weeks into the pregnancy, you will be entitled to 12 weeks paid maternity leave (if you are entitled to paid leave) regardless of the outcome of the pregnancy (ie. live birth, miscarriage or still birth).
If the pregnancy ends up to 20 weeks into the pregnancy, you will not be entitled to maternity leave, but you can access other leave credits such as recreation leave, sick leave and personal leave. You may also apply for leave without pay.
Do I need to contact my supervisor prior to the end of my leave?
Yes. Even though the period of leave is defined, you need to confirm with your supervisor your return to work arrangements. You need to do this at least four weeks prior to the end of your leave. To ensure clarity, it’s always a good idea to provide this advice in writing (or email), even if you prefer to call first and discuss your return with your supervisor first hand.
Can I take parental leave at the same time that my partner is taking parental leave?
If you and your partner are both employed by the University and wish to take parental leave, you must take such leave at different times. An exception to this is the initial one week paid partner leave at the time of the birth or adoption of the child. The combined period of parental leave for both partners must not exceed 52 weeks (paid and/or unpaid).
For example, one staff member may choose to take 12 weeks of the 26 weeks paid leave. The other partner can then choose to take the remaining 14 weeks paid leave and any further unpaid leave up to a combined total of 52 weeks.
No. The combined total of parental leave (paid and unpaid) taken by both partners must not exceed 52 weeks. You are entitled to one week of paid partner leave at the time of the birth. If you become the primary carer of the baby, you will be entitled to a further 51 weeks unpaid leave, less any period of parental leave taken by the mother of the baby.
For example, if your partner takes six months of maternity leave and you then become the primary carer of the child, you will be entitled to a further 25 weeks unpaid leave (26 weeks less the one week of partner leave at the time of the birth).
What are my supervisor’s responsibilities?
A supervisor needs to take into account a range of factors when considering your parental leave and return to work requests. Decisions will be informed by University policy and the needs of the organisational area. If you believe your supervisor is not taking into account all considerations, or you require further clarification on your entitlements, contact your Senior Human Resources Advisor.
Download entire Parental Leave Guidelines document here.