AEU Member Resources

TasTAFE – Parental Leave

Employees are entitled to parental leave and to work part–time in connection with the birth or adoption of a child under clause 56 of the TasTAFE Teaching Employees Enterprise Agreement. 

Full-time, part-time, permanent, and fixed term employees are eligible for parental leave if they have been employed for twelve months of continuous service.

A regular casual (sessional) employee may be entitled to parental leave under the National Employment Standards if you have been employed regularly for more than 12 months, and have a reasonable expectation of ongoing work. 

If you are a parent of a newborn child you are entitled to 18 weeks of paid parental leave. This can be taken at half pay across 36 weeks. A parent is entitled to up to 12 months of unpaid leave, this is not in additional to the paid leave. There is provision in the Fair Work Act for applying to extend your unpaid parental leave to up to 24 months after the birth or adoption of your child.

You can also take up to 100 days of flexible unpaid parental leave during the 24-month period starting from the date of birth or adoption of a child.

An employee is eligible without resuming duty, for subsequent periods of parental leave, i.e. you do not need to complete another 12 months of service, if you have another child while still on leave you may access parental leave again.

Notice periods and requirements

The notice and evidence requirements for parental leave are set out in section 74 of the Fair Work Act. 

If practicable, you must give written notice to TasTAFE at least 10 weeks before starting any period of parental leave.

Maternity leave can start within six weeks of the expected date of birth and the mother can return within six weeks of the birth but must provide a medical certificate stating that she is fit to work.

What will I get paid?

Your rate of pay during maternity leave is based on your standard rate of pay

You may also be able to access the Federal Government Paid Parental Leave scheme. Your Paid Parental Leave period is the time you take off work and are paid Parental Leave Pay. It can be up to 18 weeks at a time. To be eligible for Parental Leave Pay you need to:

be the primary carer of a newborn or recently adopted child. The primary carer is the person who most meets the child’s physical needs. This is usually the birth mother of a newborn or the initial primary carer of an adopted child. You are considered to be the primary carer from birth, even if your child is in hospital, if you:

  • have met the Paid Parental Leave work test,
  • meet residence requirements from the date the child enters your care until the end of your Paid Parental Leave period,
  • have received an individual adjusted taxable income of $150,000 or less in the financial year either before the date of birth or adoption, or the date you claim, whichever is earlier, and
  • are on leave or not working from when you become the child’s primary carer until the end of your Paid Parental Leave period.

For more information: http://www.humanservices.gov.au/customer/services/centrelink/parental-leave-pay

Loss of pregnancy 

In the event that a baby is still born after 20 weeks, the full 18 weeks of parental leave can be accessed by a pregnant employee.

If you are not the ‘birthing parent’ then you may still be eligible for unpaid parental leave. You are also entitled to compassionate leave. 

Transfer to a safe job

The pregnant employee is to be transferred to a ‘safe job’ until maternity leave starts if a medical practitioner certifies that pregnancy-related illness or risks, or hazards connected with work make it inadvisable for her to continue in her present role.

However, where the employer deems a transfer impracticable, then parental leave may be taken, if certified necessary by a medical practitioner.

Returning to work 

After a period of unpaid parental leave, you are entitled to return to your pre-parental leave position, or if that position no longer exists, the nearest position in status and pay to the pre-parental leave position. 

You may also choose to access ‘keeping in touch days’ under section 74 of the Fair Work Act. These are days during your period of unpaid leave that you work for TasTAFE to facilitate a return to work at the end of the period of leave.

On returning to work, you can work part-time up until the child reaches school age. The employer may refuse the request to return part-time on grounds such as cost, lack of suitable replacement staff, loss of efficiency and effectiveness or the specialised nature of the work, but they must genuinely try to reach an Agreement.

The employee needs to give four weeks’ notice of intention to return to work.

The employer is to inform the returning employee of any significant changes in the workplace and discuss the potential effect of any changes on the status or responsibility of the employee.

Lactation breaks 

To support you to combine the needs of work and parenting, you will have reasonable time and access to suitable facilities at TasTAFE for the purpose of expressing milk, breastfeeding, or any other activity necessary for breastfeeding and expressing while at work as required.

If you have any questions, or have difficulty accessing any of the above entitlements, please contact us at (03) 6234 9500 or support@aeutas.org.au.

Need support?
We're here to help

Get support

aeutas.org.au/support

Send Us A Message​​

support@aeutas.org.au