Primary Carer Leave. 10.1 Statement of principle - The parties acknowledge the following provisions are to protect the rights of employees during pregnancy and on their return to employment following parental leave and is to be read in conjunction with the Parental Leave and Employment Protection Act 1987 (referred to as the Act in this clause 10), provided that where this clause 10 is more favourable to the employee, the provisions of this clause 10 shall prevail.
10.2 Entitlement and eligibility - Provided that the employee assumes or intends to assume the primary care of the child born to or adopted by them or their partner, the entitlement to primary carer leave is:
a) in respect of every child born to them or their partner; in respect of every child up to and including six years of age, adopted by them or their partner;
b) where two or more children are born at the same time or adopted within a one month period, for the purposes of these provisions the employee's entitlement shall be the same as if only one child had been born or adopted.
Primary Carer Leave. (a) An employee is entitled to up to 14 weeks paid leave to be the primary carer for a newborn child in the first year of this Agreement which commences 7 days after the approval by the FWC of the Agreement.
i. An employee is entitled to up to 15 weeks paid leave to be the primary carer for a newborn child in the second year of the Agreement which commences 1 year 7 days after the approval by the FWC of the Agreement.
ii. An employee is entitled to up to 16 weeks paid leave to be the primary carer for a newborn child in the third year of the Agreement which commences 2 years 7 days after the approval by the FWC of the Agreement.
(b) In addition, an employee is entitled to a period of unpaid leave to bring the maximum entitlement of parental leave to 52 weeks, in accordance with 17.9.1(c).
(c) To be eligible for primary carer leave an employee shall:
(i) have completed 12 months continuous service;
(ii) provide a certificate from a qualified medical practitioner stating that they are pregnant or that their partner is pregnant and the employee will be the primary carer for the child from birth (or the primary carer within six weeks of the birth).
(d) The certificate referred to in 17.9.2(c)(ii) shall state the expected date of confinement and shall be provided to Council at least 10 weeks prior to taking parental leave.
(e) The employee can nominate how the paid primary carer’s leave is to be paid. This may be as a lump sum of entitlement on commencement of leave, or as fortnightly payments for the period of leave, or as half-pay for double the period of the paid leave entitlement, provided that the total period of parental leave shall not exceed the maximum set down in 17.9.1(c).
(f) Part time employees, or employees who are in a job share arrangement who meet the eligibility for primary carer’s leave criteria in accordance with this Agreement, will be entitled to their paid primary carer’s leave on a pro rata basis based on the proportion of full time hours.
(g) The compulsory Superannuation Guarantee employer superannuation contributions will apply on paid primary carer’s leave in accordance with Clause 17.9.2(a) or 17.9.2 (a) I or 17.9.2 (a) ii whichever is relevant.
(i) In Year 2 of the Agreement which commences 1 year 7 days after the approval by the FWC of the Agreement, superannuation will be paid on 10 weeks of unpaid parental leave, in the first 12 months of parental leave, for eligible employees.
(ii) In Year 3 of the Agreement which commences 2 y...
Primary Carer Leave. (a) This clause applies if an employee is the legal parent of a child and has completed at least 12 months service with V/Line immediately before the expected date of the birth or placement of their child.
(b) Only one person can be a child’s primary carer at a time. An employee is the primary carer of a child if:
(i) the child is in the employee’s care; and
(ii) the employee meets the child’s physical needs more than anyone else.
(c) An employee with an entitlement under this clause is entitled to 14 weeks of paid primary carer leave.
(d) An employee may elect to take their primary carer leave at half pay, i.e. half pay over 28 weeks.
(e) Payment in respect of primary carer leave must be in accordance with normal arrangements for payment of salary.
(f) Payment for primary carer leave for full-time employees must be based on an employee’s base rate of pay.
(g) Where an employee has been employed part-time for all or a portion of the 12 calendar months immediately before the commencement of primary carer leave, the employee is entitled to leave on a proportionate basis.
(h) Payment of primary carer leave for part-time employees must be calculated on the weekly average of the ordinary hours worked during the 12 months before commencing primary carer leave.
Primary Carer Leave. 57.12.1 Employees who satisfy the professional services requirements of parental leave and will be the primary carer of a child(xxx) will be entitled to up to 14 weeks of paid primary carer leave at ordinary pay or 28 weeks of paid primary carer leave at half-pay.
57.12.2 Employees entitled to primary carer leave will also be entitled to up to 12 weeks return to work grant which may be taken as paid leave at ordinary pay or as a salary supplement as set out in clause 57.18.
57.12.3 Carers other than the birth parent taking primary carer leave must provide statutory declarations confirming the period they will be the primary carer of the child(ren) for the period of paid primary carer leave.
57.12.4 Primary carer leave must be taken in a single continuous period.
57.12.5 Employees taking primary carer leave will not be eligible for partner leave in respect of the same child(xxx).
57.12.6 If the primary carer leave is for an employee who is pregnant with, or gives birth to the child(xxx), the period of paid primary carer leave may commence up to 8 weeks before the expected date of birth of the child(xxx); or earlier, subject to medical certification, but must not commence later than the date of birth of the child.
57.12.7 A medical certificate indicating fitness for duty may be required if the employee:
57.12.7.1 continues to work during the last 4 weeks before the expected date of birth of the child(xxx); and/or
57.12.7.2 wishes to recommence work earlier than 6 weeks after the date of birth of the child(xxx).
Primary Carer Leave. 6.6.2(a) All employees shall be entitled to a total of 78 weeks (including paid and unpaid) parental leave.
6.6.2(b) An employee may in lieu of or in conjunction with unpaid parental leave, access any employer paid parental leave, Annual Leave or Long Service Leave entitlements which they have accrued subject to the total amount of leave not exceeding 78 weeks.
6.6.2(c) Unpaid parental leave shall not break an employee’s continuity of employment but it will not count as service for leave accrual or other purposes.
Primary Carer Leave. 65.14.1 Continuing and fixed-term employees who satisfy the professional services requirements of parental leave and will be the primary carer of a child(xxx) will be entitled to up to 14 weeks of paid primary carer leave at ordinary pay or 28 weeks of paid primary carer leave at half-pay.
65.14.2 Continuing and fixed-term employees entitled to primary carer leave will also be entitled to up to 12 weeks return to work grant which may be taken as paid leave at ordinary pay or as a salary supplement as set out in clause 65.21.
65.14.3 Carers other than the birth parent taking primary carer leave must provide statutory declarations confirming the period they will be the primary carer of the child(ren) for the period of paid primary carer leave.
65.14.4 Primary carer leave must be taken in a single continuous period.
65.14.5 Employees taking primary carer leave will not be eligible for partner leave in respect of the same child(ren).
65.14.6 If the primary carer leave is for an employee who is pregnant with, or gives birth to thechild(xxx), the period of paid primary carer leave may commence up to eight weeks before the expected date of birth of the child(xxx); or earlier, subject to medical certification, but must not commence later than the date of birth of the child.
65.14.7 A medical certificate indicating fitness for duty may be required if the employee:
65.14.7.1 continues to work during the last four weeks before the expected date of birth of the child(xxx); and/or
65.14.7.2 wishes to recommence work earlier than six weeks after the date of birth of the child(xxx).
Primary Carer Leave. An employee is entitled to the provisions contained in the NES. The weekly rate of pay for all paid leave types in this clause shall be calculated in the same manner as that for taking annual leave in clause 39.2.
Primary Carer Leave. Employees who are eligible for Parental leave without pay shall be entitled to receive up to 14 weeks of paid leave (or 28 weeks at half pay) included in the 12 months approved at their ordinary rate of remuneration to assist the employee’s ability to reconcile work and family responsibilities and to return to work within the maximum timeframe, if consented, in accordance with this agreement.
Primary Carer Leave. In addition to the entitlement under the NES the Employer will pay an amount as follows:
i. Where the Employee is to be the primary care giver, the employer will pay the equivalent of the difference between the applicable Government paid parental leave scheme and the Employee’s normal weekly pay for a period of six (6) weeks.
ii. Where the Employee is not to be the primary care giver, the employer will pay the equivalent of the difference between the Government paid parental leave scheme and the Employee’s normal weekly pay for a period of three (3) weeks. To avoid all doubt, if the Government paid parental leave scheme ceases to exist the Employer will pay to the Employee the Employee’s normal weekly pay for the periods set out above.
Primary Carer Leave. Primary Carer Leave is leave taken by an employee in connection with his/her responsibilities as the primary carer of the employee’s child.
