Common use of Hospitalised children Clause in Contracts

Hospitalised children. agreement to not take unpaid Long Parental Leave (i) If: A. a Child is required to remain in hospital after the Child's birth, or is hospitalised immediately after the Child's birth, including because: 1) the Child was born prematurely; or 2) the Child developed a complication or contracted an illness during the child's period of gestation or at birth; or 3) the Child developed a complication or contracted an illness following the Child's birth; and B. a Doctor, whether before or after the birth of the Child, gives notice in accordance with subclause 54.6 of the taking of a period of unpaid parental leave (the original leave period) in relation to the Child, then the Doctor may agree with their Employer that the Doctor will not take unpaid parental leave for a period (the permitted work period) while the Child remains in hospital. (ii) If the Doctor and Employer so agree, then the following rules have effect: A. the Doctor is taken to not be taking unpaid parental leave during the permitted work period; B. the permitted work period does not break the continuity of the original leave period; and C. the Doctor is taken to have advised the Employer, for the purposes of subclause 54.6(b), of an end date for the original leave period that is the date on which that period would end if it were extended by a period equal to the permitted work period. (iii) The permitted work period must start after the birth of the Child. (iv) The permitted work period ends at the earliest of the following: A. the time agreed by the Employer and Doctor; B. the end of the day of the Child's first discharge from hospital after birth; or C. if the Child dies before being discharged, the end of the day the Child dies. (v) Only one period of may be agreed to under subclause 54.3(h)(i) for which the Doctor will not take unpaid parental leave in relation to the Child. (vi) The Doctor must, if required by the Employer, give the Employer evidence (including without limitation, a medical certificate) that would satisfy a reasonable person of either or both of the following: A. that subclause 54.3(h) (i) A applies in relation to the child; B. that the Doctor is fit for work.

Hospitalised children. agreement to not take unpaid Long Parental Leave (i) If: A. (A) a Child is required to remain in hospital after the Child's birth, or is hospitalised immediately after the Child's birth, including because: (1) the Child was born prematurely; or (2) the Child developed a complication or contracted an illness during the child's period of gestation or at birth; or (3) the Child developed a complication or contracted an illness following the Child's birth; and B. a Doctor(B) an Employee, whether before or after the birth of the Child, gives notice in accordance with subclause 54.6 60.6 of the taking of a period of unpaid parental leave (the original leave period) in relation to the Child, , (ii) then the Doctor Employee may agree with their Employer that the Doctor Employee will not take unpaid parental leave for a period (the permitted work period) while the Child remains in hospital. (iiiii) If the Doctor Employee and Employer so agree, then the following rules have effect: A. (A) the Doctor Employee is taken to not be taking unpaid parental leave during the permitted work period; B. (B) the permitted work period does not break the continuity of the original leave period; and C. (C) the Doctor Employee is taken to have advised the Employer, for the purposes of subclause 54.6(b60.6(b), of an end date for the original leave period that is the date on which that period would end if it were extended by a period equal to the permitted work period. (iii) The permitted work period must start after the birth of the Child. (iv) The permitted work period ends at the earliest of the following: A. the time agreed by the Employer and Doctor; B. the end of the day of the Child's first discharge from hospital after birth; or C. if the Child dies before being discharged, the end of the day the Child dies. (v) Only one period of may be agreed to under subclause 54.3(h)(i) for which the Doctor will not take unpaid parental leave in relation to the Child. (vi) The Doctor must, if required by the Employer, give the Employer evidence (including without limitation, a medical certificate) that would satisfy a reasonable person of either or both of the following: A. that subclause 54.3(h) (i) A applies in relation to the child; B. that the Doctor is fit for work.

Hospitalised children. agreement to not take unpaid Long Parental Leave (i) If: A. a Where an Employee’s Child is required to remain in hospital after the Child's birth, ’s birth or is hospitalised immediately after the Child's ’s birth, including because: 1) because the Child Child: was born prematurely; or 2) the Child , or developed a complication or contracted an illness during the child's its period of gestation or at birth; or 3) the Child , or developed a complication or contracted an illness following the Child's ’s birth; and B. a Doctor, whether before or after and the birth of the Child, gives notice in accordance with subclause 54.6 of the taking of a period of unpaid Employee would otherwise take parental leave (during this period, the original leave period) in relation to the Child, then the Doctor Employer and Employee may agree with their Employer that the Doctor Employee will not take unpaid parental leave for a period (the permitted work period) while the Child remains in hospital. (ii) If , and may work during that period. Any agreement in this regard will be made and have effect in accordance with section 78A of the Doctor and Employer so agree, FW Act. During this time the Employee may access other forms of leave available to them under the Agreement. Should an Employee access other forms of leave or work during this agreed period then the following rules have effect: A. the Doctor is taken to not be taking unpaid their parental leave during the permitted work period; B. the permitted work period does not break the continuity of the original leave period; and C. the Doctor is taken to have advised the Employer, for the purposes of subclause 54.6(b), of an end date for the original leave period that is the date on which that period would end if it were will be extended by a period equal to the permitted work period. (iii) period they accessed other leave or worked. The permitted work Employer and Employee may agree to alternative arrangements regarding the commencement of parental leave. The period must start after of parental leave for the purpose of calculating an Employee’s maximum entitlement to paid and unpaid parental leave will commence from the date parental leave commences or otherwise no later than the date of birth of the Child. (iv) The permitted work period ends , irrespective of when the Employee elects to use any paid entitlements they may have under this clause, not including a situation that arises under clause 62.17(c). While an Employee’s eligibility for parental leave is determined at the earliest time of birth or adoption of the following: A. Child, the Employee and Employer may agree to permit the Employee to use the paid leave entitlements outlined in this clause at any time within the first 52 weeks of parental leave, or where an extension is granted under clause 62.23(b), within the first 78 weeks where clause 62.6 is invoked or otherwise the first 104 weeks. Parental leave does not need to be taken in a single continuous period. The Employer and Employee will agree on the duration of each block of parental leave. The Employer will consider their operational requirements and the Employee’s personal and family circumstances in considering requests for parental leave in more than one continuous period. Approval of such requests will not be unreasonably refused. An Employee may in lieu of parental leave, access any annual leave or long service leave or other accrued entitlements (except Personal / Carer’s Leave or Compassionate Leave) which they have accrued subject to the total amount of leave not exceeding 52 weeks or a longer period as agreed under clause 62.23(b). Any other leave taken during a period of parental leave does not have the effect of extending or breaking the period of parental leave, not including a situation that arises under clause 62.17(c). Where a Public Holiday occurs during a period of paid parental leave, the Public Holiday is not to be regarded as part of the paid parental leave and the Employer will grant the Employee a day off in lieu, to be taken by the Employee immediately following the period of paid parental leave. Other than provided for in clause 69 (Long Service Leave), unpaid parental leave under clauses 62.4, 62.5, 62.23 and 62.29 shall not break an Employee’s continuity of employment but it will not count as service for leave accrual or other purposes. During a period of parental leave, the Employer and Doctor; B. Employee may agree to perform work for the purpose of keeping in touch in order to facilitate a return to employment at the end of the day period of leave. Keeping in touch days must be agreed and be in accordance with section 79A of the Child's first discharge from hospital after birth; or C. if FW Act. An Employee, who is on an initial period of parental leave of less than 52 weeks under clause 62.4 or 62.5, is entitled to extend the Child dies before being dischargedperiod of their parental leave on one occasion up to the full 52 week entitlement. An Employer may agree to extend the period of parental leave on more than one occasion up to the full 52 week entitlement, upon request by the Employee. The Employee must notify the Employer in writing at least four weeks prior to the end date of their initial parental leave period. The notice must specify the new end date of the parental leave. An Employee who is on parental leave under clause 62.4 or 62.5 may request an extension of unpaid parental leave for a further period of up to 52 weeks immediately following the end of the day current parental leave period. The Employee’s request must be in writing and given to the Child dies. (v) Only one Employer at least 4 weeks before the end of the current parental leave period. The Employer shall consider the request having regard to the Employee’s circumstances, the consequences of any refusal for the Employee and, provided the request is based on the Employee’s parental responsibilities, may only refuse the request on reasonable business grounds. The Employer must not refuse the request unless the Employer has given the Employee a reasonable opportunity to discuss the request and genuinely tried to reach an agreement with the Employee about an extension of the period of may be agreed to under subclause 54.3(h)(i) for which the Doctor will not take unpaid parental leave in relation for the Employee. The Employer must give a written response to the Child. request as soon as practicable, and no later than 21 days after the request is made. The response must state whether the Employer accepts or refuses the request. If the Employer refuses the request, the response must also include the details of the reasons for any refusal, set out the Employer's particular business grounds for refusing the request, explain how those grounds apply to the request and either: set out the extension of the period of unpaid parental leave for the Employee (vi) The Doctor must, if required other than the period requested by the Employer, give Employee) that the Employer evidence would be willing to agree to; or state that there is no extension of the period that the Employer would be willing to agree to Disputes about an Employer’s refusal under this provision can be referred to the dispute resolution procedure outlined in clause13 of the Agreement. The total period of parental leave, including any extensions, must not extend beyond 104 weeks. The calculation of weekly pay for paid parental leave purposes will be based on the Employee’s average number of ordinary hours over the past three years from the proposed commencement date of parental leave (including without limitationAveraging Period). For the avoidance of doubt, the averaging arrangements in this sub-clause do not apply to Pre-Natal Leave taken in accordance with clause 62.7 of this Agreement. Where an Employee has less than three years of service the Averaging Period will be their total period of service in the VPS. The calculation will exclude any of the following periods which fall during the Averaging Period: periods of unpaid parental leave, and any time worked at a reduced time fraction in order to better cope during pregnancy, and authorised unpaid leave for an unforeseen reason beyond the Employee’s control, and time worked at a reduced time fraction on returning to work after a period of parental leave under clause 62.30(c). For the purposes of clause 62.25(c)(iii), an ‘unforeseen reason beyond the Employee’s control’ may include, for example, a medical certificatepersonal illness or injury suffered by the Employee, or the care or support of an ill or injured Immediate Family or household member by the Employee. But would not include leave taken for lifestyle or personal reasons, career breaks or leave to undertake other employment. The average number of weekly hours, determined in accordance with clause 62.25(a) that would satisfy a reasonable person of either or both of the following: A. that subclause 54.3(h) (i) A applies in relation above, will be then applied to the child; B. that annual Salary applicable to the Doctor Employee’s classification and salary point at the time of taking parental leave to determine the actual rate of pay whilst on parental leave. An Employee who is fit for worka Shift Worker is also entitled to be paid Shift Allowances during a period of paid Primary Caregiver Parental Leave or Additional Paid Secondary Caregiver Parental Leave in accordance with clause 43.5.

Hospitalised children. agreement to not take unpaid Long Parental Leave (ia) If: A. (i) a Child is required to remain in hospital after the Child's birth, or is hospitalised immediately after the Child's birth, including because: 1(A) the Child was born prematurely; or 2(B) the Child developed a complication or contracted an illness during the child's period of gestation or at birth; or 3(C) the Child developed a complication or contracted an illness following the Child's birth; and B. a Doctor(ii) an Employee, whether before or after the birth of the Child, gives notice in accordance with subclause 54.6 50.8 of the taking of a period of unpaid parental leave (the original leave period) in relation to the Child, then the Doctor Employee may agree with their Employer that the Doctor Employee will not take unpaid parental leave for a period (the permitted work period) while the Child remains in hospital. (iib) If the Doctor Employee and Employer so agree, then the following rules have effect: A. (i) the Doctor Employee is taken to not be taking unpaid parental leave during the permitted work period; B. (ii) the permitted work period does not break the continuity of the original leave period; and C. (iii) the Doctor Employee is taken to have advised the Employer, for the purposes of subclause 54.6(b50.8(b), of an end date for the original leave period that is the date on which that period would end if it were extended by a period equal to the permitted work period. (iiic) The permitted work period must start after the birth of the Child. (ivd) The permitted work period ends at the earliest of the following: A. (i) the time agreed by the Employer and DoctorEmployee; B. (ii) the end of the day of the Child's first discharge from hospital after birth; or C. (iii) if the Child dies before being discharged, the end of the day the Child dies. (ve) Only one period of may be agreed to under subclause 54.3(h)(i50.5(a)(i) for which the Doctor Employee will not take unpaid parental leave in relation to the Child. (vif) The Doctor Employee must, if required by the Employer, give the Employer evidence (including without limitation, a medical certificate) that would satisfy a reasonable person of either or both of the following: A. that subclause 54.3(h) (i) A that subclause 50.5(a)(i) applies in relation to the child; B. (ii) that the Doctor Employee is fit for work.