Common use of Paternity/Partner Leave Clause in Contracts

Paternity/Partner Leave. Subject to the requirements of this sub-clause, an employee may access the following paternity/partner leave entitlements: (a) Paternity/Partner Leave (includes concurrent leave) – birth of child - leave taken with Employee’s spouse (i) in the case of an employee who has not completed 12 months continuous service, or an eligible casual employee, at the time of commencing his or her leave up to eight (8) weeks of unpaid paternity/partner leave to be taken within the week starting on the day that the employee’s spouse begins to give birth, with such leave able to be taken at the same time that the employee’s spouse is taking paid or unpaid maternity leave; (ii) in the case of an employee who has completed at least one (1) year and less than five (5) years continuous service at the time of commencing his or her leave, up to eight (8) weeks leave including one (1) week paid leave, to be taken within the week starting on the day that the employee’s spouse begins to give birth, with such leave able to be taken at the same time that the employee’s spouse is taking paid or unpaid maternity leave; (iii) in the case of an employee who has completed five (5) or more years continuous service at the time of commencing his or her leave, up to eight (8) weeks including two (2) weeks paid leave, to be taken within the week starting on the day that the employee’s spouse begins to give birth, with such leave able to be taken at the same time that the employee’s spouse is taking paid or unpaid maternity leave; (iv) in the case of paternity/partner leave under paragraphs (a)(i) to (iii): (A) Leave is to be taken in the first 12 months since date of birth of the child. (B) Unless the CEO agrees otherwise, leave must start within the week starting on the day that the employee’s spouse begins to give birth. (C) Leave may be taken in separate periods, but unless the CEO agrees, each period must not be shorter than two (2) weeks. (D) The employee must give notice to the CEO at least: (I) 10 weeks before starting the leave, unless paragraph (II) below applies; (II) if the leave is to be taken in separate periods of concurrent leave, and the leave is not the first of those periods of concurrent leave, four (4) weeks before starting the period of concurrent leave; or (III) if that is not practicable – as soon as practicable, which may be a time after the leave has started. (E) Concurrent leave is an exception to the requirement for parental leave to be available to only one parent at a time in a single unbroken period. (b) Paternity/Partner Leave – employee is primary care-giver for the duration of the leave (i) up to 52 weeks unpaid paternity/partner leave where the employee has less than 12 months continuous service, or an eligible casual employee, at the time of commencing leave, and provided that such leave must end within 24 months of the date of the birth of the child; (ii) up to three (3) years unpaid paternity/partner leave, provided that such leave must end within 36 months of the date of the birth of the child and the employee has completed 12 months of continuous service at the time of commencing leave; (iii) To be entitled to paternity/partner leave under paragraph (b)(i) or (b)(ii), an employee must give the CEO the following notice and evidence: (A) not less than 10 weeks before the intended date of commencement of leave: (I) written notice of the dates on which he or she proposes to start and finish the period of paternity/partner leave; (II) a statutory declaration stating that the employee intends to be the child’s primary care-giver at all times while on paternity/partner leave; and (B) as soon as reasonably practicable, a copy of the child’s birth certificate. (c) The employee will not be in breach of paragraph (b)(iii) if the failure to give the required period of notice is because of the birth occurring earlier than expected or any other compelling circumstance. (d) Where an employee’s child dies during a period of paternity/partner leave under sub- paragraphs (b)(i) or (b)(ii) the employee may continue on leave for maximum period of 52 weeks from the date of commencement of leave, unless the employee elects to resume duty, in which case the provisions of sub-clause 79.14 apply.

Paternity/Partner Leave. Subject to the requirements of this sub-clause, an employee a member may access the following paternity/partner leave entitlements: (a) Paternity/Partner Leave (includes concurrent leave) – birth of child - – leave taken with Employee’s spouse (i) in the case of an employee a member who has not completed 12 months continuous service, or an eligible casual employee, at the time of commencing his or her leave up to eight (8) weeks of unpaid paternity/partner leave to be taken within the week starting on the day that the employeemember’s spouse begins to give birth, with such leave able to be taken at the same time that the employeemember’s spouse is taking paid or unpaid maternity leave; (ii) in the case of an employee a member who has completed at least one (1) year and less than five (5) years continuous service at the time of commencing his or her leave, up to eight (8) weeks leave including one (1) week paid leave, to be taken within the week starting on the day that the employeemember’s spouse begins to give birth, with such leave able to be taken at the same time that the employeemember’s spouse is taking paid or unpaid maternity leave; (iii) in the case of an employee a member who has completed five (5) or more years continuous service at the time of commencing his or her leave, up to eight (8) weeks leave, including two (2) weeks paid leave, leave to be taken within the week starting on the day that the employeemember’s spouse begins to give birth, with such leave able to be taken at the same time that the employee’s spouse is taking paid or unpaid maternity leave; (iv) in the case of paternity/partner leave under paragraphs (a)(iclause 26.8(a)(i) to - (iii):) (Aa) Leave is to be taken in the first 12 months since date of birth of the child. (Bb) Unless the CEO Commissioner agrees otherwise, leave must start within the week starting on the day that the employeeEmployee’s spouse begins to give birth. (Cc) Leave may be taken in separate periods, but unless the CEO Commissioner agrees, each period must not be shorter than two (2) weeks. (D) The employee must give notice to the CEO at least: (I) 10 weeks before starting the leave, unless paragraph (II) below applies; (II) if the leave is to be taken in separate periods of concurrent leave, and the leave is not the first of those periods of concurrent leave, four (4) weeks before starting the period of concurrent leave; or (III) if that is not practicable – as soon as practicable, which may be a time after the leave has started. (E) Concurrent leave is an exception to the requirement for parental leave to be available to only one parent at a time in a single unbroken period. (b) Paternity/Partner Leave – employee is primary care-giver for the duration of the leave (i) up to 52 weeks unpaid paternity/partner leave where the employee has less than 12 months continuous service, or an eligible casual employee, at the time of commencing leave, and provided that such leave must end within 24 months of the date of the birth of the child; (ii) up to three (3) years unpaid paternity/partner leave, provided that such leave must end within 36 months of the date of the birth of the child and the employee has completed 12 months of continuous service at the time of commencing leave; (iii) To be entitled to paternity/partner leave under paragraph (b)(i) or (b)(ii), an employee must give the CEO the following notice and evidence: (A) not less than 10 weeks before the intended date of commencement of leave: (I) written notice of the dates on which he or she proposes to start and finish the period of paternity/partner leave; (II) a statutory declaration stating that the employee intends to be the child’s primary care-giver at all times while on paternity/partner leave; and (B) as soon as reasonably practicable, a copy of the child’s birth certificate. (c) The employee will not be in breach of paragraph (b)(iii) if the failure to give the required period of notice is because of the birth occurring earlier than expected or any other compelling circumstance. (d) Where an employee’s child dies during a period of paternity/partner leave under sub- paragraphs (b)(i) or (b)(ii) the employee may continue on leave for maximum period of 52 weeks from the date of commencement of leave, unless the employee elects to resume duty, in which case the provisions of sub-clause 79.14 apply.two

Paternity/Partner Leave. Subject to the requirements of this sub-clause, an employee Employee may access the following paternity/partner leave entitlements: (a) Paternity/Partner Leave (includes concurrent leave) – birth of child - – leave taken with Employee’s spouse (i) in the case of an employee Employee who has not completed 12 months continuous service, or an eligible casual employeeEmployee, at the time of commencing his or her leave leave, up to eight (8) weeks of unpaid paternity/partner leave to be taken within the week starting on the day that the employeeEmployee’s spouse begins to give birth, with such leave able to be taken at the same time that the employeeEmployee’s spouse is taking paid or unpaid maternity leave; (ii) in the case of an employee Employee who has completed at least one (1) year and less than five (5) years continuous service at the time of commencing his or her leave, up to eight (8) weeks leave leave, including one (1) week paid leavepaid, to be taken within the week starting on the day that the employeeEmployee’s spouse begins to give birth, with such leave able to be taken at the same time that the employeeEmployee’s spouse is taking paid or unpaid maternity leave; (iii) in the case of an employee Employee who has completed five (5) or more years continuous service at the time of commencing his or her leave, up to eight (8) weeks leave, including two (2) weeks paid leave, to be taken within the week starting on the day that the employeeEmployee’s spouse begins to give birth, with such leave able to be taken at the same time that the employeeEmployee’s spouse is taking paid or unpaid maternity leave; (iv) in the case of paternity/partner leave under paragraphs paragraph (a)(i) to (iii): (A) A. Leave is to be taken in the first 12 months since from date of birth of the child. (B) B. Unless the CEO agrees otherwise, leave must start within the week starting on the day that the employeeEmployee’s spouse begins to give birth. (C) C. Leave may be taken in separate periods, but unless the CEO agrees, each period must not be shorter than two (2) weeks. (D) D. The employee Employee must give notice to the CEO at least: (I) 10 weeks before starting the leave, unless paragraph (II) below applies; (II) if the leave is to be taken in separate periods of concurrent leave, and the leave is not the first of those periods of concurrent leave, four (4) weeks before starting the period of concurrent leave; or (III) if that is not practicable – as soon as practicable, which may be a time after the leave has started. (E) Concurrent leave is an exception to the requirement for parental leave to be available to only one parent at a time in a single unbroken period. (b) Paternity/Partner Leave – employee is primary care-giver for the duration of the leave (i) up to 52 weeks unpaid paternity/partner leave where the employee has less than 12 months continuous service, or an eligible casual employee, at the time of commencing leave, and provided that such leave must end within 24 months of the date of the birth of the child; (ii) up to three (3) years unpaid paternity/partner leave, provided that such leave must end within 36 months of the date of the birth of the child and the employee has completed 12 months of continuous service at the time of commencing leave; (iii) To be entitled to paternity/partner leave under paragraph (b)(i) or (b)(ii), an employee must give the CEO the following notice and evidence: (A) not less than 10 weeks before the intended date of commencement of leave: (I) written notice of the dates on which he or she proposes to start and finish the period of paternity/partner leave; (II) a statutory declaration stating that the employee intends to be the child’s primary care-giver at all times while on paternity/partner leave; and (B) as soon as reasonably practicable, a copy of the child’s birth certificate. (c) The employee will not be in breach of paragraph (b)(iii) if the failure to give the required period of notice is because of the birth occurring earlier than expected or any other compelling circumstance. (d) Where an employee’s child dies during a period of paternity/partner leave under sub- paragraphs (b)(i) or (b)(ii) the employee may continue on leave for maximum period of 52 weeks from the date of commencement of leave, unless the employee elects to resume duty, in which case the provisions of sub-clause 79.14 apply.

Paternity/Partner Leave. (a) Subject to the requirements of this sub-clause, an employee Employee may access the following paternity/partner leave entitlements: (ai) Paternityone (1) week of paid paternity/Partner Leave (includes concurrent leave) – birth of child - partner leave to be taken with within the week starting on the day that the Employee’s spouse (i) in spouse begins to give birth, provided the case of an employee who Employee has not completed 12 months continuous service, or an eligible casual employee, with such leave able to be taken at the same time of commencing his that the Employee’s spouse is taking paid or her leave up to eight unpaid maternity leave; (8) weeks ii) one (1) week of unpaid paternity/partner leave to be taken within the week starting on the day that the employeeEmployee’s spouse begins to give birth, in the case of an Employee who has not completed 12 months continuous service, or an eligible casual Employee, with such leave able to be taken at the same time that the employee’s spouse is taking paid or unpaid maternity leave; (ii) in the case of an employee who has completed at least one (1) year and less than five (5) years continuous service at the time of commencing his or her leave, up to eight (8) weeks leave including one (1) week paid leave, to be taken within the week starting on the day that the employee’s spouse begins to give birth, with such leave able to be taken at the same time that the employeeEmployee’s spouse is taking paid or unpaid maternity leave; (iii) in the case of an employee who has completed five (5) or more years continuous service at the time of commencing his or her leave, up to eight (8) weeks including two (2) weeks paid leave, to be taken within the week starting on the day that the employee’s spouse begins to give birth, with such leave able to be taken at the same time that the employee’s spouse is taking paid or unpaid maternity leave; (iv) in the case of paternity/partner leave under paragraphs (a)(i) to (iii): (A) Leave is to be taken in the first 12 months since date of birth of the child. (B) Unless the CEO agrees otherwise, leave must start within the week starting on the day that the employee’s spouse begins to give birth. (C) Leave may be taken in separate periods, but unless the CEO agrees, each period must not be shorter than two (2) weeks. (D) The employee must give notice to the CEO at least: (I) 10 weeks before starting the leave, unless paragraph (II) below applies; (II) if the leave is to be taken in separate periods of concurrent leave, and the leave is not the first of those periods of concurrent leave, four (4) weeks before starting the period of concurrent leave; or (III) if that is not practicable – as soon as practicable, which may be a time after the leave has started. (E) Concurrent leave is an exception to the requirement for parental leave to be available to only one parent at a time in a single unbroken period. (b) Paternity/Partner Leave – employee is primary care-giver for the duration of the leave (i) up to 52 weeks unpaid paternity/partner leave where the employee has less than 12 months continuous service, or an eligible casual employee, at the time of commencing leave, and provided that such leave must end within 24 months of the date of the birth of the child; (ii) up to three (3) years unpaid paternity/partner leave, provided that such leave must end within 36 12 months of the date of the birth of the child and child; or (iv) 6 years unpaid leave, provided the employee Employee has completed 12 months of continuous service at the time of commencing leave;. (iiib) To be entitled to paternity/partner leave, an Employee must give the employer the following notice and documents: (i) in the case of paternity/partner leave under paragraph (b)(ia)(i) or (b)(ii)a)(ii): A. not less than 10 weeks before the expected date of the birth, an employee must give a medical certificate stating that the CEO Employee’s spouse is pregnant and the following expected date of the birth; and B. as soon as is reasonably practicable, written notice of the dates on which the Employee proposes to start and evidence:finish the period of paternity/partner leave; and (Aii) in the case of paternity/partner leave under paragraph (a)(iii) or (a)(iv): A. not less than 10 weeks before the intended date of commencement of leave: (I1) written notice of the dates on which he or she proposes to start and finish the period of paternity/partner leave;; and (II2) a statutory declaration stating that the employee Employee intends to be the child’s primary care-giver at all times while on paternity/partner leave; and (B) B. as soon as reasonably practicable, a copy of the child’s birth certificate. (c) The employee Employee will not be in breach of paragraph (b)(iiib) if the failure to give the required period of notice is because of the birth occurring earlier than expected or any other compelling circumstance. (d) Where an employeeEmployee’s child dies during a period of paternity/partner leave under sub- paragraphs paragraph (b)(ia)(iii) or (b)(ii) a)(iv), the employee Employee may continue on leave for maximum period of 52 weeks from the date of commencement of leave, unless the employee Employee elects to resume duty, in which case the provisions of sub-clause 79.14 42.13 apply.

Paternity/Partner Leave. Subject to the requirements of this sub-clause, an employee may access the following paternity/partner leave entitlements: (a) Paternity/Partner Leave (includes concurrent leave) – birth of child - leave taken with Employee’s spouse (i) in the case of an employee who has not completed 12 months continuous service, or an eligible casual employee, at the time of commencing his or her leave up to eight (8) weeks of unpaid paternity/partner leave to be taken within the week starting on the day that the employee’s spouse begins to give birth, with such leave able to be taken at the same time that the employee’s spouse is taking paid or unpaid maternity leave; (ii) in the case of an employee who has completed at least one (1) year and less than five (5) years continuous service at the time of commencing his or her leave, up to eight (8) weeks leave including one (1) week weeks paid leave, leave to be taken within the week starting on the day that the employee’s spouse begins to give birth, with such leave able to be taken at the same time that the employee’s spouse is taking paid or unpaid maternity leave; (iii) in the case of an employee who has completed five (5) or more years continuous service at the time of commencing his or her leave, up to eight (8) weeks including two (2) weeks paid leave, to be taken within the week starting on the day that the employee’s spouse begins to give birth, with such leave able to be taken at the same time that the employee’s spouse is taking paid or unpaid maternity leave; (iv) in the case of paternity/partner leave under paragraphs (a)(i) to (iii): (A) Leave is to be taken in the first 12 months since date of birth of the child. (B) Unless the CEO agrees otherwise, leave must start within the week starting on the day that the employee’s spouse begins to give birth. (C) Leave may be taken in separate periods, but unless the CEO agrees, each period must not be shorter than two (2) weeks. (D) The employee must give notice to the CEO at least: (I) 10 weeks before starting the leave, unless paragraph (II) below applies; (II) if the leave is to be taken in separate periods of concurrent leave, and the leave is not the first of those periods of concurrent leave, four (4) weeks before starting the period of concurrent leave; or (III) if that is not practicable – as soon as practicable, which may be a time after the leave has started. (E) Concurrent leave is an exception to the requirement for parental leave to be available to only one parent at a time in a single unbroken period. (b) Paternity/Partner Leave – employee Employee is primary care-giver for the duration of the leave (i) up to 52 weeks unpaid paternity/partner leave where the employee has less than 12 months continuous service, or an eligible casual employee, at the time of commencing leave, and provided that such leave must end within 24 months of the date of the birth of the child; (ii) up to three (3) years unpaid paternity/partner leave, provided that such leave must end within 36 months of the date of the birth of the child and the employee has completed 12 months of continuous service at the time of commencing leave; (iii) To be entitled to paternity/partner leave under paragraph (b)(i79.6(b)(i) or (b)(ii79.6(b)(ii), an employee must give the CEO the following notice and evidence: (A) not less than 10 weeks before the intended date of commencement of leave: (I) written notice of the dates on which he or she proposes to start and finish the period of paternity/partner leave; (II) a statutory declaration stating that the employee intends to be the child’s primary care-giver at all times while on paternity/partner leave; and (B) as soon as reasonably practicable, a copy of the child’s birth certificate. (civ) The employee will not be in breach of paragraph (b)(iii79.6(b)(iii) if the failure to give the required period of notice is because of the birth occurring earlier than expected or any other compelling circumstance. (dc) Where an employee’s child dies during a period of paternity/partner leave under sub- paragraphs (b)(i) or (b)(ii) the employee may continue on leave for maximum period of 52 weeks from the date of commencement of leave, unless the employee elects to resume duty, in which case the provisions of sub-clause 79.14 apply.