Common use of Parental Leave – Secondary Caregiver Clause in Contracts

Parental Leave – Secondary Caregiver. An Employee who has, or will have, completed at least twelve months paid Continuous Service and who will be the Secondary Caregiver at the time of the birth or adoption of their Child, is entitled to up to 52 weeks parental leave, comprising: 2 weeks paid parental leave; and up to 50 weeks unpaid parental leave. An Employee who will be the Secondary Caregiver but has not completed at least twelve months paid Continuous Service at the time of the birth or adoption, is entitled to up to 52 weeks unpaid parental leave. An Eligible Casual Employee who will be the Secondary Caregiver at the time of the birth or adoption of their Child is entitled to up to 52 weeks unpaid parental leave. Only one parent can receive Secondary Caregiver parental leave entitlements in respect to the birth or adoption of their Child. An Employee cannot receive Secondary Caregiver parental leave entitlements where the Employee has received Primary Caregiver parental leave entitlements in relation to their Child. A pregnant Employee will have access to paid leave totalling up to 38 hours per pregnancy to enable the Employee to attend routine medical appointments associated with the pregnancy. The Employer should be flexible enough to allow the Employee the ability to leave work and return on the same day. An Employee who has a Spouse who is pregnant will have access to paid leave totalling up to 7.6 hours per pregnancy to enable the Employee to attend routine medical appointments associated with the pregnancy. The Employee is required to provide a medical certificate from a registered medical practitioner confirming that the Employee or their Spouse is pregnant. Each absence on pre-natal leave must also be covered by a medical certificate. Paid pre-natal leave is not available to casual Employees. An Employee seeking to adopt a Child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The Employee and the Employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the Employee is entitled to take up to two days unpaid leave. Where paid leave is available to the Employee, the Employer may require the Employee to take such leave instead. The Employer may require the Employee to provide satisfactory evidence supporting the leave. If, pursuant to the Children, Youth and Families Act 2005 (Vic) or any successor to that legislation, an Employee (other than a casual Employee), is granted a permanent care order in relation to the custody or guardianship of a child and the Employee is the Primary Caregiver for that child, the Employee will be entitled to 14 weeks’ paid leave at a time to be agreed with the Employer.

Parental Leave – Secondary Caregiver. An Eligible Employee who has, or will have, completed at least twelve months paid Continuous Service and who will be the Secondary Caregiver at the time of the birth or adoption of their Child, is entitled to up to 52 weeks parental leave, comprising: 2 4 weeks paid parental leave; and up 12 weeks Additional paid Secondary Caregiver parental leave, subject to 50 weeks the conditions in clause 62.6, and unpaid parental leaveleave to bring the total available paid and unpaid leave to 52 weeks. An Eligible Employee who will be the Secondary Caregiver but has not completed at least twelve months paid Continuous Service at the time of the birth or adoptionCaregiver, and who is entitled to up to 52 weeks unpaid parental leave. An Eligible a Regular Casual Employee who will be the Secondary Caregiver at the time of the birth or adoption of their Child is entitled to up to 52 weeks unpaid parental leave. Only one parent can receive Secondary Caregiver parental leave entitlements in respect to the birth or adoption of their Child. An Employee cannot receive Secondary Caregiver parental leave entitlements where the Employee has received Primary Caregiver parental leave entitlements in relation to their Child. A Secondary Caregiver is entitled to up to an additional 12 weeks’ paid leave within the first 78 weeks of the date of birth or adoption of the Child provided that: the Secondary Caregiver assumes primary responsibility for the care of a child, by meeting the Child's physical needs more than anyone else; and the Secondary Caregiver’s spouse is not concurrently taking primary responsibility for the care of the Child or receiving paid parental leave, primary caregiver entitlements or a similar entitlement from their employer. Where a Secondary Caregiver takes additional paid leave, the total quantum of the paid leave will be 12 weeks’ pay at the Employee’s ordinary hours of 38 hours per week for a full-time employee (40 hours for Custodial officers), and pro-rata for part-time employees. Where a Secondary Caregiver uses this entitlement flexibly, and/or does not work a standard roster pattern, this quantum may be expressed as hours of leave (456 for a full-time employee or 480 hours for Custodial Officers in the Custodial Structure working an 80 hour fortnight) to be taken on the Employee’s rostered days. To access additional paid leave, the Employee must have been eligible for paid Secondary Caregiver leave at the time of birth or adoption of their Child, irrespective of when the Employee elects to take the paid leave under this clause. A pregnant Employee will have access to paid leave totalling up to 38 hours per pregnancy pregnancy, pro-rata for part-time Employees, to enable the Employee to attend routine medical appointments associated with the pregnancy. The Employer should be flexible enough to allow the Employee the ability to leave work and return on the same day. An Employee who has a Spouse who is pregnant will have access to paid leave totalling up to 7.6 hours per pregnancy pregnancy, pro-rata for part-time Employees, to enable the Employee to attend routine medical appointments associated with the pregnancy. The Employee is required to provide a medical certificate from a registered medical practitioner confirming that the Employee or their Spouse is pregnant. Each absence on pre-natal leave must also be covered by a medical certificate. The Employer should be flexible enough to allow the Employee the ability to leave work and return on the same day. Paid pre-natal leave is not available to casual Employees. An Employee seeking to adopt a Child is entitled to unpaid two days paid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. An Employee seeking to adopt a Child may also access further unpaid leave. The Employee and the Employer should agree on the length of the any unpaid leave. Where agreement cannot be reached, the Employee is entitled to take up to two days unpaid leave. Where accrued paid leave is available to the Employee, the Employer may require the Employee to take such leave insteadinstead of taking unpaid leave under this sub-clause. The Employer may require the Employee to provide satisfactory evidence supporting the leave. If, pursuant The Employer should be flexible enough to the Children, Youth and Families Act 2005 (Vic) or any successor to that legislation, an Employee (other than a casual Employee), is granted a permanent care order in relation to the custody or guardianship of a child and allow the Employee the ability to leave work and return on the same day. Paid pre-adoption leave is the Primary Caregiver for that child, the Employee will be entitled not available to 14 weeks’ paid leave at a time to be agreed with the Employercasual Employees.

Parental Leave – Secondary Caregiver. An Eligible Employee who has, or will have, completed at least twelve three months paid Continuous Service and who will be the Secondary Caregiver at the time of the birth or adoption of their Child, is entitled to up to 52 weeks parental leave, comprising: 2 4 weeks paid parental leave; and up 12 weeks Additional paid Secondary Caregiver parental leave, subject to 50 weeks the conditions in clause 55.6, and unpaid parental leaveleave to bring the total available paid and unpaid leave to 52 weeks. An Eligible Employee who will be the Secondary Caregiver but Caregiver, and has not completed at least twelve three months paid Continuous Service at the time of the birth or adoption, is entitled to up to 52 weeks unpaid parental leave. An Eligible Casual Employee who will be the Secondary Caregiver at the time of the birth or adoption of their Child Child, or a Long Term Casual Employee is entitled to up to 52 weeks unpaid parental leave. Only one parent can receive Secondary Caregiver parental leave entitlements in respect to the birth or adoption of their Child. An Employee cannot receive Secondary Caregiver parental leave entitlements where the Employee has received Primary Caregiver parental leave entitlements in relation to their Child. A Secondary Caregiver is entitled to up to an additional 12 weeks’ paid leave within the first 78 weeks of the date of birth or adoption of the Child provided that: the Secondary Caregiver assumes primary responsibility for the care of a child, by meeting the Child's physical needs more than anyone else; and the Secondary Caregiver’s spouse is not concurrently taking primary responsibility for the care of the Child or receiving paid parental leave, primary caregiver entitlements or a similar entitlement from their employer. To access additional paid leave, the Employee must have been eligible for paid Secondary Caregiver leave at the time of birth or adoption of their Child, irrespective of when the Employee elects to take the paid leave under this clause. A pregnant Employee will have access to paid leave totalling up to 38 hours per pregnancy to enable the Employee to attend routine medical appointments associated with the pregnancy. The Employer should be flexible enough to allow the Employee the ability to leave work and return on the same day. An Employee who has a Spouse who is pregnant will have access to paid leave totalling up to 7.6 hours per pregnancy to enable the Employee to attend routine medical appointments associated with the pregnancy. The Employee is required to provide a medical certificate from a registered medical practitioner confirming that the Employee or their Spouse is pregnant. Each absence on pre-natal leave must also be covered by a medical certificate. The Employer should be flexible enough to allow the Employee the ability to leave work and return on the same day. Paid pre-natal leave is not available to casual Employees. An Employee seeking to adopt a Child is entitled to unpaid two days paid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. An Employee seeking to adopt a Child may also access further unpaid leave. The Employee and the Employer should agree on the length of the any unpaid leave. Where agreement cannot be reached, the Employee is entitled to take up to two days unpaid leave. Where accrued paid leave is available to the Employee, the Employer may require the Employee to take such leave insteadinstead of taking unpaid leave under this sub-clause. The Employer may require the Employee to provide satisfactory evidence supporting the leave. If, pursuant The Employer should be flexible enough to the Children, Youth and Families Act 2005 (Vic) or any successor to that legislation, an Employee (other than a casual Employee), is granted a permanent care order in relation to the custody or guardianship of a child and allow the Employee the ability to leave work and return on the same day. Paid pre-adoption leave is the Primary Caregiver for that child, the Employee will be entitled not available to 14 weeks’ paid leave at a time to be agreed with the Employercasual Employees.