Maternity Leave
Teaching Service
Overview
The purpose of the maternity leave provisions is to provide a measure of employment protection to women who bear children and to safeguard the health of the mother and child in the period preceding and after the birth of a child. There are two elements of maternity leave – the period of required absence and the paid maternity leave period as set out below:
Period of required absence
An employee who is pregnant is required to absent herself from duty for the period commencing six weeks prior to the expected date of the child's birth until six weeks after the actual date of confinement. This may not necessarily result in twelve weeks of required absence. For example in a case where the birth occurs two weeks prior to the expected date of birth, the period of required absence will be ten weeks.
An employee is permitted to attend for duty during any part of the required absence period if the principal is satisfied that:
- she will be fit for duty for the relevant period (proof of which is to be by medical certificate supplied by the employee), and
- the attendance sought by the employee is at a time employees ordinarily attend for duty at that school.
Where an employee is permitted to attend for duty during part of the required absence period before the birth of the child any paid maternity leave commences from the first day of absence from duty.
Paid maternity leave
An employee who has at least twenty-six weeks' qualifying service within the fifty-two weeks immediately preceding the commencement of the maternity leave is eligible for fourteen weeks maternity leave with pay.
Qualifying service includes:
- duty (other than periods of casual employment or duty during the six weeks prior to the expected date of birth)
- approved leave with pay
- approved leave without pay that is determined to count as qualifying service
- other service that is determined to count as qualifying service.
While on maternity leave with pay, an employee will be paid at:
- the time fraction that she was working immediately before commencing maternity leave; or
- the time fraction that she was working immediately prior to commencing long service leave, if the employee ceases long service leave on half pay immediately before commencing maternity leave.
An employee who is eligible for paid maternity leave and is in receipt of payments under WorkSafe, is entitled to maternity leave with pay less the amount paid by way of weekly compensation under the Accident Compensation Act 1985 and has no further entitlement to leave during the maternity leave period.
Early termination of pregnancy
Where the pregnancy terminates after twenty weeks and results in the birth of a stillborn child, the employee is entitled to paid maternity leave and additional leave without pay to a maximum six months period of absence following the termination, or a longer period with medical certification.
Where the pregnancy of an employee terminates more than twenty weeks before the expected date of confinement, other than by the birth of a living child, the employee has no entitlement to paid maternity leave but may access unpaid leave. Alternatively, an employee may access personal leave for such a period as a medical practitioner certifies to be necessary.
Supporting documentation
An application for maternity leave must be lodged in advance and must include a medical certificate that states that the employee is pregnant and the expected date of her confinement.
Resuming duty
An employee may elect to resume duty immediately following the expiration of the required period of absence by providing written notice of this intention at the time of making application for maternity leave. An employee (other than an education support class employee) who is required to take leave during school holidays, whose period of paid maternity leave expires immediately before or during a school holiday period is entitled to receive normal pay for the remainder of that vacation period provided she returns to duty immediately after the vacation.
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