Sch 5Minimum standard for parental leave

Schedule 5—Minimum standard for parental leave adoption means the adoption of a child who is not the natural child of the employee or the employee's spouse or domestic partner, who is less than five years of age, and who has not lived continuously with the employee for six months or longer; continuous service means continuous service under a contract of employment and includes a period of paid leave or absence taken under this Act or under an award or enterprise agreement; expected date of birth means a day certified by a medical practitioner as the expected date of birth; employee does not include a person engaged and paid as a casual employee; parental leave means unpaid leave under this Schedule. 2—Entitlement to parental leave (1) Subject to this Schedule, an employee is entitled to take parental leave for a period of up to 52 weeks for— (a) the birth of a child to the employee or the employee's spouse or domestic partner; or (b) the placement of a child with the employee with a view to the adoption of the child by the employee. (2) An employee is not entitled to take parental leave unless the employee— (a) has, before the expected date of birth or placement, completed at least 12 months' continuous service with the employer; and (b) has given the employer at least ten weeks' written notice of intention to take the leave. (3) An employee is not entitled to take parental leave at the same time as the employee's spouse or domestic partner apart from one week's parental leave taken by the employee and the employee's spouse or domestic partner immediately after the birth of the child or the placement of the child for adoption with the employee and the employee's spouse or domestic partner. (4) Apart from the period of one week referred to above, an employee's entitlement to parental leave is reduced by a period of parental leave taken by the employee's spouse or domestic partner for the same child. 3—Maternity leave to start 6 weeks before birth A female employee who has given notice of her intention to take parental leave for the birth of a child must start the leave 6 weeks before the expected date of birth unless a medical practitioner has certified that the employee is fit to work closer to the expected date of birth. 4—Medical certificate An employee who has given notice of intention to take parental leave for the birth of a child must provide the employer with a certificate from a medical practitioner certifying that the employee or the employee's spouse or domestic partner is pregnant and the expected date of birth. 5—Notice of spouse's parental leave (1) An employee who has given notice of intention to take parental leave or who is actually taking parental leave must give the employer notice of periods of parental leave taken or to be taken by the employee's spouse or domestic partner for the same child. (2) A notice given under subsection (1) must, if the employer requires, be verified by statutory declaration. 6—Starting and finishing dates of parental leave (1) The starting and finishing dates for a period of parental leave must (subject to this Schedule) be agreed between the employer and the employee. (2) However, parental leave may not extend more than one year after the date of the birth, or placement for adoption, of the child to whom the leave relates. 7—Return to work after parental leave (1) On finishing parental leave, an employee is entitled to the position the employee held immediately before starting parental leave. (a) if the employee was temporarily acting in, or performing the duties of, a position immediately before starting parental leave, the entitlement under this section relates to the employee's substantive position; and (b) if the former position is no longer available, the employee is entitled to an available position for which the employee is qualified and suited nearest in status and remuneration to the former position. 8—Effect of parental leave on employment rights Absence on parental leave does not break an employee's continuity of service, but is not to be taken into account in calculating the employee's period of service. 9—Part-time employment in lieu of parental leave An employee who is entitled to parental leave may, by agreement with the employer, reduce the employee's hours of employment to an agreed extent in lieu of taking parental leave.