Surrogacy Leave. Clause F28 The new Agreement provides for a new Surrogacy leave type to pregnant employees who have entered into a valid surrogacy arrangement to enable them to be absent from duty to support their own wellbeing and support the employee’s right to continuity of service. An employee who is eligible for paid surrogacy leave is entitled to 12 weeks of paid leave in relation to each surrogate birth. Under the existing Agreement, employees who entered into a surrogacy arrangement were entitled to Birth Leave. Under the new agreement, employees will no longer be eligible for Birth leave where the employee is a surrogate. GENDER TRANSITION LEAVE – Clause F29 The new Agreement provides a new Gender transition leave type to employees to enable them to be absent from duty for the purposes of activities associated with affirming an employee’s gender. Gender transition leave is available to an employee for the first 52 weeks after commencement of living as in a way that affirms their gender identity. An employee undergoing gender transition is entitled, subject to the provision of appropriate evidence, up to 4 weeks (20 days) paid leave and up to 48 weeks unpaid leave. PRIMARY CARE GIVER LEAVE and ADOPTION and PERMANENT CARE LEAVE – Clause F16 and F20 Amendments have been made to Primary Care Giver Leave and Adoption and Permanent Care Leave types, consistent with Birth leave, to enable employees to take these leave types in a non-continuous manner. Employees cannot access a period of annual leave or long service leave until the employee has used all of the employee’s paid Primary Care Giver or Adoption and Permanent Care leave entitlement within 52 weeks of the birth of the child or the commencement of the adoption or permanent caring responsibility. Amendments have been made to the Overpayments provision to clarify the interaction of the provision with Fair Work Act 2009 obligations for recovery of overpayment debts from employees. The provisions also clarify that unless the debt is a discrepancy, there is a requirement for directorates to consider whether a waiver would be appropriate in the circumstances before the employee is notified of the overpayment. The employee is also provided with 10 working days to request a waiver before the repayment plan negotiations commence.
Surrogacy Leave. E27.1 Surrogacy leave is available to pregnant employees who have entered into a valid surrogacy arrangement to enable them to be absent from duty to do both of the following:
1.1 Support their own wellbeing.
Surrogacy Leave. An Employee (excluding a Casual Employee) who has completed at least three months paid Continuous Service, who enters into a formal surrogacy arrangement on or after 1 July 2020, which complies with Part 4 of the Assisted Reproductive Treatment Act 2008 (Vic), as the surrogate, is eligible to access: Pre-Natal leave in accordance with clause 36.6 of the Agreement, and six weeks of paid leave A pregnant employee acting as the surrogate as part of a formal surrogacy arrangement wanting to work during the six weeks before the birth may be asked to provide a medical certificate stating they are fit for work and whether there are any risks in connection to their duties. An Employee who fails to provide a requested medical certificate within seven days or provides one which states they are unfit for work may be required to commence surrogacy leave.
Surrogacy Leave. (a) An employee who has completed at least twelve months service with City of Port Xxxxxxx, prior to the expected date of birth of the child and who provides medical evidence of being a surrogate mother, will be entitled to a maximum of twelve weeks paid leave. The employee may apply for a maximum of six weeks paid leave, prior to the birth of the child and can also apply for a maximum of six weeks post birth.
Surrogacy Leave. (a) Surrogate means a person who carries a baby through pregnancy on behalf of another person or couple and return the baby to the intended parent(s) after birth.
(b) An Employee who will become a parent by way of surrogacy will be entitled to one’s week paid leave for the purpose of surrogacy related appointments. In the situation where there are two Employees in a relationship both can access the entitlement. The leave may be taken as half days by agreement between the Employee and their manager.
(c) A birth parent who is not a primary carer, for reason of being a surrogate, shall be entitled to 16 weeks paid parental leave in line with clause 46.10. The notice and evidence requirements outlined at clause 46.13 will also apply in relation to Surrogacy Leave.
Surrogacy Leave. 52.7.1 Where an employee agrees to be a surrogate on behalf of another couple or person who will become the child's parent after birth, the employee will be entitled to six (6) weeks paid leave. The employee is also entitled to further unpaid leave as set out in sub-clause 52.
Surrogacy Leave. 6.6.1 An eligible employee who presents a statutory declaration that the employee is an intended parent under a surrogacy arrangement will be entitled to 14 week’s paid surrogacy leave when a child born as a result of a surrogacy arrangement is expected to start residing with the employee if he or she is the primary caregiver, or one (1) week’s paid surrogacy leave if he or she is the secondary caregiver. The 14 week period or one
(1) week period of paid leave is inclusive of any public holidays arising within that time. The period of paid surrogacy leave can be extended by the employee taking the leave on a half pay basis or by taking sick leave while on paid surrogacy leave.
6.6.2 In cases of financial hardship or other exceptional circumstances, the employee may ask and the Chief Executive may exercise discretion in paying the full surrogacy leave entitlement in advance.
6.6.3 Applications for surrogacy leave will be in accordance with the
6.6.4 If the employee is the primary caregiver, that employee will be entitled to access a further period of unpaid parental leave in accordance with the provisions of the Fair Work Xxx 0000. If an employee has accessed the further period of unpaid parental leave they shall confirm their intention of returning to work by notice in writing to the employer, giving not less than four (4) weeks prior to the expiration of the period of surrogacy leave.
Surrogacy Leave. 65.17.1 An employee who is a surrogate is entitled to 12 weeks paid surrogacy leave.
65.17.2 Paid surrogacy leave may commence up to 6 weeks prior to the expected date of birth of the child.
65.17.3 The surrogate is expected to give 4 weeks’ notice of the start of paid surrogate leave, supported by a medical certificate.
Surrogacy Leave. Intending parents of surrogacy will be defined as primary carers and partners. As such, according to these definitions, they will be eligible for the parental leave entitlements in accordance with clause 52. A surrogate is defined as an employee who receives fertility treatment to become pregnant and then carries a baby to term for intending parents. An employee who will be a surrogate will be entitled to: • Access to IVF leave in accordance with clause 52.18; • Access to pre-natal leave once pregnant; • Paid leave of up to six (6) weeks prior to birth of baby; and • Paid leave of six (6) weeks post the birth of the baby. A surrogate may also require transfer to a safe job if necessary. The partner of a surrogate is entitled to paid leave to attend the birth of the baby and two (2) weeks paid leave to assist the surrogate in their recovery.
Surrogacy Leave. Surrogacy Leave will be in accordance with the Act.
