Common use of Surrogacy Leave Clause in Contracts

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. Overpayments – Clause D5 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. 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. Overpayments – Clause D5 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 agencies 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. 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 Pruimsarey Cdare Gaivlerlor 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. Overpayments – Clause D5 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.