Job Protection. (a) An employee returning from parental leave is entitled to resume work in the same position or in a similar position to the one she/he occupied at the time of commencing parental leave, or to some other mutually agreed position. A similar position means a position: - At the equivalent salary and level; and - In the same location or other location within reasonable commuting distance; and - Involving responsibilities broadly comparable to those exercised in the previous position. (b) When an employee goes on parental leave the Ministry should as first preference: - Hold the employee's position open (Note: this includes filling it temporarily) but, - If the Secretary or delegated nominee needs to fill the position permanently, at the time the employee indicates their intention to return to duty, the Secretary or delegated nominee shall offer one of the following (in order of priority): (i) The same position if it is vacant at that time or a similar position to the one they occupied before commencing parental leave; or (ii) An extension of parental leave up to 12 months until the employee's previous position or a similar position becomes available; or (iii) An offer to the employee of a similar position in another location if one is available with transfer assistance applying. If the offer is refused the employee continues on extended parental leave as provided for in clause 5.8.1 for up to 12 months; or (iv) An offer of employment in a different position in the same location (a position of a lower grading or one involving different duties i.e. not a similar position as defined above); if the appointment is not acceptable to the employee the employee continues on extended parental leave as provided for in paragraph (ii) above for up to 12 months; or (v) Where extended parental leave as provided in paragraph (ii) above expires and no position is available for the employee, the employee continues on leave without pay and the Secretary or delegated nominee may terminate employment with three months’ notice providing that an employee whose services are terminated under this provision shall be entitled to be paid the ex gratia payment equivalent to 30 working days leave that she/he could have earned if she/he had the opportunity to return to work after parental leave.
Appears in 9 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Job Protection. (a) An employee returning from parental leave is Employee will be entitled to resume work in the same position or in a similar position to the one she/he occupied at the time of that they held prior to commencing parental leave, or to some other mutually agreed position. A similar position means a positionmeans: - At • at the equivalent salary and levelcategory; and - In • in the same location or other location within in reasonable commuting distance; and - Involving • involving responsibilities broadly comparable to those exercised in the their previous position.
(b) . When an employee Employee goes on parental leave the Ministry should ERO must as first preference: - Hold preference hold the employee's Employee’s position open (Note: this includes filling and fill it temporarily) but. If ERO is unable to keep the Employee’s position open because a temporary replacement is not reasonably practicable due to the key position occupied within ERO by the Employee, - If the Secretary or delegated nominee needs to fill the position permanentlythen, at the time the employee Employee indicates their intention to return to duty, the Secretary or delegated nominee ERO shall provide a written offer of one of the following (in order of priority):
(i) ): i The same position if it is vacant at that time or a similar position to the one they occupied before commencing parental leave; oror ii If this is not possible the Chief Executive may approve one of the following options:
(ii1) An an extension of parental leave up to 12 months until the employee's Employee’s previous position or a similar position becomes available; or
(iii2) An an offer to the employee Employee of a similar position in another location if one is available with transfer assistance applying. If ; if the offer is refused the employee Employee continues on extended parental leave as provided for in clause 5.8.1 (1) for up to 12 months; or
(iv3) An offer the appointment of employment in the Employee to a different position in the same location (a position of a lower grading or one involving different duties i.e. duties, ie: not a similar position as defined above); ): if the appointment is not acceptable to the employee Employee the employee Employee continues on extended parental leave as provided for in paragraph (ii1) above for up to 12 months; : or
(v4) Where where extended parental leave as provided in paragraph (ii1) above expires and no position is available for the employeeEmployee, the employee Employee continues on leave without pay and the Secretary or delegated nominee ERO may terminate employment with three months’ notice providing that an employee Employee whose services are terminated under this provision shall be entitled to be paid the ex gratia parental leave payment equivalent to 30 working days leave that she/he they could have earned if she/he they had had the opportunity to return to work after parental leaveleave (Clause 7.9.4 refers), provided this payment has not already been made.
Appears in 2 contracts
Samples: Collective Employment Agreement, Collective Employment Agreement
Job Protection. (a) An a. Subject to 20.10 below, an employee returning from parental leave is entitled to resume work in the same position or in a similar position to the one she/he they occupied at the time of commencing parental leave, or to some other mutually agreed position. A similar position means a position: - :
1. At the equivalent salary and level; and - salary, grading;
2. At the equivalent weekly hours of duty;
3. In the same location or other location within reasonable commuting distance; and - and
4. Involving responsibilities broadly comparable to those exercised experienced in the previous position.
(b) When an employee goes b. Where applicable, employees shall continue to be awarded increments when their incremental date falls during absence on parental leave.
c. Parental leave shall be recognised towards service-based entitlements, i.e.: annual leave and sick leave.
a. Where possible, the Ministry should as first preference: - Hold employer must hold the employee's ’s position open (Note: this includes filling or fill it temporarily) buttemporarily until the employee’s return from parental leave. However, - If in the Secretary or delegated nominee needs to event that the employee’s position is a “key position”, the employer may fill the position permanentlyon a permanent basis if they meet the requirements set out in the Act.
b. Where the employer is not able to hold a position open, or to fill it temporarily until an employee returns from parental leave, or fills it permanently on the basis of it being a key position, and, at the time the employee indicates their intention returns to return to dutywork, a similar position (as defined in 20.9 (a) above) is not available, the Secretary or delegated nominee shall offer employer may approve one of the following (in order of priority):options:
(i) The same position if it is vacant at that time or a similar position to the one they occupied before commencing parental leave; or
(ii) An an extension of parental leave for up to 12 a further twelve (12) months until the employee's ’s previous position or a similar position becomes available; or
(iiiii) An an offer to the employee of a similar position in another location (if one is available available) with normal transfer assistance expenses applying. If ; if the offer is refused refused, the employee continues on extended parental leave as provided for in clause 5.8.1 20.10(b)(i) above for up to 12 twelve (12) months; or
(iviii) An offer the appointment of employment in the employee to a different position in the same location (a position of a lower grading or one involving different duties i.e. not a similar position as defined above); location, but if the appointment this is not acceptable to the employee the employee continues shall continue on extended parental leave as provided for in paragraph (iiterms of 20.10(b)(i) above for up to 12 twelve (12) months:
iv) provided that, if a different position is accepted and within the period of extended parental leave in terms of 20.10(b)(i), the employee’s previous position or a similar position becomes available, then the employee shall be entitled to be appointed to that position; or
(v) Where where extended parental leave as provided in paragraph (iiterms of 20.10(b)(i) above expires expires, and no similar position is available for the employee, the employee continues on leave without pay and the Secretary or delegated nominee may terminate employment with three months’ notice providing that an employee whose services are terminated under this provision shall be entitled to be paid the ex gratia payment equivalent to 30 working days leave that she/he could have earned if she/he had the opportunity to return to work after parental leavedeclared surplus under clause 26 of this contract.
Appears in 1 contract
Samples: Midwives Collective Agreement
Job Protection. (a) An employee returning from parental leave is Employee will be entitled to resume work in the same position or in a similar position to the one she/he occupied at the time of that they held prior to commencing parental leave, or to some other mutually agreed position. A similar position means a positionmeans: - At at the equivalent salary and levelcategory; and - In in the same location or other location within in reasonable commuting distance; and - Involving involving responsibilities broadly comparable to those exercised in the their previous position.
(b) . When an employee Employee goes on parental leave the Ministry should ERO must as first preference: - Hold preference hold the employee's Employee’s position open (Note: this includes filling and fill it temporarily) but. If ERO is unable to keep the Employee’s position open because a temporary replacement is not reasonably practicable due to the key position occupied within ERO by the Employee, - If the Secretary or delegated nominee needs to fill the position permanentlythen, at the time the employee Employee indicates their intention to return to duty, the Secretary or delegated nominee ERO shall provide a written offer of one of the following (in order of priority):
(i) ): i The same position if it is vacant at that time or a similar position to the one they occupied before commencing parental leave; oror ii If this is not possible the Chief Executive may approve one of the following options:
(ii1) An an extension of parental leave up to 12 months until the employee's Employee’s previous position or a similar position becomes available; or
(iii2) An an offer to the employee Employee of a similar position in another location if one is available with transfer assistance applying. If ; if the offer is refused the employee Employee continues on extended parental leave as provided for in clause 5.8.1 in
(1) for up to 12 months; or
(iv3) An offer the appointment of employment in the Employee to a different position in the same location (a position of a lower grading or one involving different duties i.e. duties, ie: not a similar position as defined above); ): if the appointment is not acceptable to the employee Employee the employee Employee continues on extended parental leave as provided for in paragraph (ii1) above for up to 12 months; : or
(v4) Where where extended parental leave as provided in paragraph (ii1) above expires and no position is available for the employeeEmployee, the employee Employee continues on leave without pay and the Secretary or delegated nominee ERO may terminate employment with three months’ notice providing that an employee Employee whose services are terminated under this provision shall be entitled to be paid the ex gratia parental leave payment equivalent to 30 working days leave that she/he could have earned if she/he had had the opportunity to return to work after parental leaveleave (Clause 7.9.4 refers), provided this payment has not already been made.
Appears in 1 contract
Samples: Collective Employment Agreement
Job Protection. (a) An employee returning from parental leave is entitled to resume work in the same position or in a similar position to the one she/he occupied at the time of commencing parental leave, or to some other mutually agreed position. A similar position means a position: - At :
(i) at the equivalent salary and levelsalary; and - In and
(ii) in the same location or other location within in reasonable commuting distance; and - Involving and
(iii) involving responsibilities broadly comparable to those exercised in their previous position and commensurate to the previous positionemployee's skills and abilities.
(b) When an employee goes on parental leave the Ministry should employer must, as first preference: - Hold , hold the employee's position open (Note: this includes filling and fill it temporarily.
(c) but, - If the Secretary or delegated nominee needs employer is unable to fill keep the employee's position permanentlyopen because a temporary replacement is not reasonably practicable due to the key position occupied by the employee, then, at the time the employee indicates their intention to return to duty, the Secretary or delegated nominee employer shall provide a written offer of one of the following (in order of priority):
(i) The the same position if it is vacant at that time or a similar position to the one they occupied before commencing parental leave; or
(ii) An if this is not possible the General Manager may approve one of the following options:
1. an extension of parental leave up to 12 months until the employee's previous position or a similar position becomes available; or
(iii) An 2. an offer to the employee of a similar position in another location if one is available with transfer assistance applying. If ; if the offer is refused the employee continues on extended parental leave as provided for in clause 5.8.1 1 for up to 12 months; or
(iv) An offer 3. The appointment of employment in the employee to a different position in the same location (a position of a lower grading salary or one involving different duties duties, i.e. not a similar position as defined above); if the appointment is not acceptable to the employee the employee continues on extended parental leave as provided for in paragraph (ii) above 1 for up to 12 months; or
(v) 4. Where extended parental leave as provided in paragraph (ii) above 1 expires and no position is available for the employee, the employee continues on leave without pay and the Secretary or delegated nominee employer may terminate employment with three months’ notice providing that an employee whose services are terminated under this provision shall be entitled to be paid the ex gratia payment equivalent to 30 working days days' leave that she/he could have earned if she/he had had the opportunity to return to work after parental leave. (2) of the Parental Leave and Employment Protection Act 1987.
Appears in 1 contract
Samples: Collective Employment Agreement
Job Protection. (a) 22.9.1 An employee returning from parental leave is entitled to resume work in the same position or in a similar position to the one she/he they occupied at the time of commencing parental leave, or to some other mutually agreed position. A similar position means a position: - At :
(i) at the equivalent salary and level; and - In salary, grading;
(ii) at the equivalent weekly hours of duty;
(iii) in the same location or other location within reasonable commuting distance; and - Involving and
(iv) involving responsibilities broadly comparable to those exercised experienced in the previous position.
(b) When an employee goes 22.9.2 Where applicable, employees shall continue to be awarded increments when their incremental date falls during absence on parental leave.
22.9.3 Parental leave the Ministry should shall be recognised towards service-based entitlements,
i. e. annual leave and sick leave. However, parental leave will not contribute to Retiring Gratuities allowance calculations.
22.9.4 The employer must, as a first preference: - Hold , hold the employee's ’s position open or fill it temporarily until the employee’s return from parental leave. In the event that the employee’s position is a “key position” (Note: this includes filling it temporarily) butas defined in the Paid Parental Leave and Employment Protection Amendment Act 2002), - If the Secretary or delegated nominee needs to employer may fill the position permanentlyon a permanent basis.
22.9.5 Where the employer is not able to hold a position open, or to fill it temporarily until an employee returns from parental leave, or fills it permanently on the basis of it being a key position, and, at the time the employee indicates their intention returns to return to dutywork, a similar position (as defined in 23.8 (a) above) is not available, the Secretary or delegated nominee shall offer employer may approve one of the following (in order of priority):options:
(i) The same position if it is vacant at that time or a similar position to the one they occupied before commencing parental leave; or
(ii) An an extension of parental leave for up to a further 12 months until the employee's employees previous position or a similar position becomes available; or
(iiiii) An an offer to the employee of a similar position in another location (if one is available available) with normal transfer assistance expenses applying. If ; if the offer is refused refused, the employee continues on extended parental leave as provided for in clause 5.8.1 for up to 12 months; or
(iv) An offer of employment in a different position in the same location (a position of a lower grading or one involving different duties i.e. not a similar position as defined above); if the appointment is not acceptable to the employee the employee continues on extended parental leave as provided for in paragraph (ii) above for up to 12 months; or
(viii) Where the appointment of the employee to a different position in the same location. If this is not acceptable to the employee the Work in Progress employee shall continue on extended parental leave as above, for up to 12 months provided that, if a different position is accepted and within the period of extended leave in paragraph terms of the employee’s previous position or a similar position becomes available, then the employee shall be entitled to be appointed to that position; or
(iiiv) above expires where extended leave expires, and no similar position is available for the employee, the employee continues on shall be declared surplus under clause 40.3 of this agreement.
22.9.6 If the employee declines the offer of appointment to the same or similar position, leave without pay and shall cease.
22.9.7 Where, for reasons pertaining to the Secretary or delegated nominee may terminate employment with three months’ notice providing that pregnancy, an employee whose services are terminated under this provision on medical advice and with the consent of the employer, elects to work reduced hours at any time prior to confinement, then the guaranteed proportion of full- time employment after parental leave shall be entitled the same as that immediately prior to be paid such enforced reduction in hours.
22.9.8 Parental leave absence filled by temporary appointee - If a position held open for an employee on parental leave is filled on a temporary basis, the ex gratia payment equivalent to 30 working days leave employer must inform the temporary appointee that she/he could have earned if she/he had their employment will terminate on the opportunity to return to work after of the employee from parental leave.
Appears in 1 contract
Samples: Collective Agreement
Job Protection. a. Subject to (ac) An employee below, a midwife returning from parental leave is entitled to resume work in the same position or in a similar position to the one she/he they occupied at the time of commencing parental leave, or to some other mutually agreed position. A similar position means a position: - At :
(i) at the equivalent salary and level; and - In salary, grading;
(ii) at the equivalent weekly hours of duty;
(iii) in the same location or other location within reasonable commuting distance; and - Involving and
(iv) involving responsibilities broadly comparable to those exercised experienced in the previous position.
(b) When an employee goes b. Where applicable, midwives shall continue to be awarded increments when their incremental date falls during absence on parental leave leave.
c. Where possible the Ministry should employer must, as a first preference: - Hold , hold the employeemidwife's position open or fill it temporarily until the midwife's return from parental leave. In the event that the midwife's position is a "key position" (Note: this includes filling it temporarily) butas contemplated in the Parental Leave and Employment Protection Amendment Act 2002), - If the Secretary or delegated nominee needs to employer may fill the position permanentlyon a permanent basis.
d. Where the employer is not able to hold a position open, or to fill it temporarily until a midwife returns from parental leave, or fills it permanently on the basis of it being a key position, and, at the time the employee indicates their intention midwife returns to return to dutywork, a similar position (as defined in (a) above) is not available, the Secretary or delegated nominee shall offer employer may approve one of the following (in order of priority):options:
(i) The same position if it is vacant at that time or a similar position to the one they occupied before commencing parental leave; or
(ii) An an extension of parental leave for up to a further 12 months until the employeemidwife's previous position or a similar position becomes available; or
(iiiii) An an offer to the employee midwife of a similar position in another location (if one is available available) with normal transfer assistance expenses applying. If ; if the offer is refused refused, the employee midwife continues on extended parental leave as provided for in clause 5.8.1 for up to 12 months; or
d (iv) An offer of employment in a different position in the same location (a position of a lower grading or one involving different duties i.e. not a similar position as defined above); if the appointment is not acceptable to the employee the employee continues on extended parental leave as provided for in paragraph (iii) above for up to 12 months; or
(viii) Where the appointment of the midwife to a different position in the same location, but if this is not acceptable to the midwife the midwife shall continue on extended parental leave as provided in paragraph (iiterms of d(i) above expires for up to 12 months: Provided that; i if a different position is accepted and within the period of extended parental leave in terms of d(i), the midwife's previous position or a similar position becomes available, then the midwife shall be entitled to be appointed to that position; or ii where extended parental leave in terms of d (i) above expires, and no similar position is available for the employeemidwife, the employee continues on leave without pay and the Secretary or delegated nominee may terminate employment with three months’ notice providing that an employee whose services are terminated under this provision midwife shall be entitled declared surplus under clause 26 of this agreement.
e. If the midwife declines the offer of appointment to be paid the ex gratia payment equivalent same or similar position in terms of sub clause 20.8 above, parental leave shall cease.
f. Where, for reasons pertaining to 30 working days leave that she/he could have earned if she/he had the opportunity to return pregnancy, a midwife on medical advice and with the consent of the employer, elects to work reduced hours at any time prior to confinement, then the guaranteed proportion of full-time employment after parental leave shall be the same as that immediately prior to such enforced reduction in hours.
g. Parental leave absence filled by temporary appointee - If a position held open for a midwife on parental leave is filled on a temporary basis, the employer must inform the temporary appointee that their employment will terminate on the return of the midwife from parental leave.
h. Midwives on parental leave may from time to time and by agreement work occasional duties during the period of parental leave and this shall not affect the rights and obligations of either the midwife or the employer under this clause.
Appears in 1 contract
Samples: Multi Employer Collective Agreement
Job Protection. (a) An employee returning from parental leave is entitled to resume work in the same position or in a similar position to the one she/he occupied at the time of commencing parental leave, or to some other mutually agreed position. A similar position means a position: - • At the equivalent salary and levelsalary; and - • In the same location or other location within in reasonable commuting distance; and - • Involving responsibilities broadly comparable to those exercised in the their previous position.
(b) When an employee goes on parental leave the Ministry should must as first preference: - Hold , hold the employee's position open (Note: this includes filling and fill it temporarily.
c) butIf MPI is unable to keep the employee's position open because a temporary replacement is not reasonably practicable due to the key position occupied within the Ministry by the employee, - If the Secretary or delegated nominee needs to fill the position permanentlythen, at the time the employee indicates their intention to return to duty, the Secretary or delegated nominee Ministry shall provide a written offer of one of the following (in order of priority):): (Note: for the purposes of 4.9.3 (c) a "key position" is one defined as per Section 41(2) of the Parental Leave and Employment Protection Act 1987.)
(i) The same position if it is vacant at that time or a similar position to the one they occupied before commencing parental leave; or
(ii) If this is not possible the Director-General may approve one of the following options:
A) An extension of parental leave up to 12 months until the employee's previous position or a similar position becomes available; or
(iiiB) An offer to the employee of a similar position in another location if one is available with transfer assistance applying. If ; if the offer is refused the employee continues on extended parental leave as provided for in clause 5.8.1 A) for up to 12 months; or
(ivC) An offer The appointment of employment in the employee to a different position in the same location (a position of a lower grading remuneration level or one involving different duties i.e. not a similar position as defined above); if the appointment is not acceptable to the employee the employee continues on extended parental leave as provided for in paragraph (iiA) above for up to 12 months; or
(vD) Where extended parental leave as provided in paragraph (iiA) above expires and no position is available for the employee, the employee continues on leave without pay and the Secretary or delegated nominee Ministry may terminate employment with three months’ notice providing that an employee whose services are terminated under this provision shall be entitled to be paid the ex gratia payment equivalent to 30 working days day's leave that she/he could have earned if she/he had had the opportunity to return to work after parental leave.
Appears in 1 contract
Samples: Collective Agreement
Job Protection. (a) An employee returning from parental leave is entitled to resume work in the same position or in a similar position to the one she/he occupied at the time of commencing parental leave, or to some other mutually agreed position. A similar position means a position: - At the equivalent salary and level; and - In the same location or other location within reasonable commuting distance; and - Involving responsibilities broadly comparable to those exercised in the previous position.
(b) When an employee goes on parental leave the Ministry should as first preference: - Hold the employee's ’s position open (Note: this includes filling it temporarily) but, - If the Secretary or delegated nominee needs to fill the position permanently, at the time the employee indicates their intention to return to duty, the Secretary or delegated nominee shall offer one of the following (in order of priority):
(i) The same position if it is vacant at that time or a similar position to the one they occupied before commencing parental leave; or
(ii) An extension of parental leave up to 12 months until the employee's ’s previous position or a similar position becomes available; or
(iii) An offer to the employee of a similar position in another location if one is available with transfer assistance applying. If the offer is refused the employee continues on extended parental leave as provided for in clause 5.8.1 for up to 12 months; or
(iv) An offer of employment in a different position in the same location (a position of a lower grading or one involving different duties i.e. not a similar position as defined above); if the appointment is not acceptable to the employee the employee continues on extended parental leave as provided for in paragraph (ii) above for up to 12 months; or
(v) Where extended parental leave as provided in paragraph (ii) above expires and no position is available for the employee, the employee continues on leave without pay and the Secretary or delegated nominee may terminate employment with three months’ notice providing that an employee whose services are terminated under this provision shall be entitled to be paid the ex gratia payment equivalent to 30 working days leave that she/he could have earned if she/he had the opportunity to return to work after parental leave.
Appears in 1 contract
Samples: Collective Agreement