Parental Absence
Education Support Class
Overview
Education support class employees can access up to a total of 52 weeks parental absence following or in conjunction with the birth or adoption of a child comprising one or more of the following forms of leave:
- Maternity leave
- Adoption leave
- Partner leave
- Annual leave
- Long service leave
Entitlement
Apart from any paid leave taken in conjunction with the birth or adoption of a child, parental absence is without pay. An education support class employee is entitled to a maximum of 52 weeks parental absence per child (or children in respect of a multiple birth). Excluding partner and adoption leave, one period of parental absence can be taken per employee per child (or children in respect of a multiple birth). The provisions of the National Employment Standards (NES) permit an employee to request a further 12 months of parental absence following their initial 52 weeks of parental absence. Additional leave without pay may be granted on an annual basis.
Where two employees are eligible to access parental absence in respect of the same child only one employee can be absent at any one time and the leave taken by an employee must be contiguous with that of his or her partner. The total parental absence in respect of that child is 52 weeks.
Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will be temporarily transferred to a safe job on the conditions attaching to that job for such period as is certified necessary by a registered medical practitioner. An employee temporarily transferred to a safe job will be paid not less than her substantive salary immediately prior to the temporary transfer.
If temporary transfer to a safe job is not practicable the employee may elect, or may be required to absent herself on paid leave for such period as is certified necessary by a registered medical practitioner.
Commencement of parental leave
An employee can commence a period of parental absence at any time on or after:
- the date the employee submits satisfactory medical evidence that she is pregnant;
- the date of birth or adoption of a child (including the adoption of a child who is a relative of the employee);
- the date an employee becomes the guardian of a child; or
- the date an employee is granted custody of a child under the Children, Youth and Families Act 2005.
An employee who is pregnant is required to absent herself from duty for the period six weeks before the expected date of birth of her child until six weeks after the actual date of birth of her child. In the event that the actual date of birth occurs earlier than the expected date of birth the employee is required to absent herself from duty for the period six weeks from the actual date of birth.
An employee is permitted to attend for duty during the mandatory absence period provided that she provides a medical certificate that she is fit to perform her normal duties for the relevant period and the attendance sought by her is at a time employees ordinarily attend for duty.
Resumption of duty from parental leave
An employee may return to duty following parental absence:
- immediately following the expiration of maternity or adoption leave or parental absence period; or
- at such other times as may be approved in any particular case provided that applications on compassionate or hardship grounds will not be unreasonably refused.
An employee may request to return to duty following parental absence on a part-time basis until the child reaches school age to assist the employee in reconciling work and parental responsibilities. Any such request will be considered in the context of the Department’s Flexible Work/Family/Life Balance policy and will only be refused where the request cannot be reasonably accommodated having regard to the effect on the education program of the school.
Education Support Class | Principals and Teachers | Public Service
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