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Paid Parental Leave Entitlements Policy

Section 1 - Background and Purpose

(1) This Policy is in addition to the paid parental leave entitlements set out in the Collective Agreement, specifically the ‘Parental Leave’ clause, and supports parents of all genders to fulfil primary carer responsibilities.

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Section 2 - Scope

(2) This Policy applies to paid fixed term and continuing Employees under the Collective Agreement.

(3) Casual Employees are not entitled to paid parental leave entitlements set out in this Policy.

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Section 3 - Policy Statement

(4) La Trobe is committed to the equitable provision of paid parental leave to parents of all genders who are primary carers of infants and adopted children.

(5) This Policy reflects La Trobe’s commitment to gender equality, inclusiveness and non-discrimination, and supports families to make decisions about the care if their children.

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Section 4 - Procedures

Part A - Paid Parental Leave Entitlements – Non-Casual Employees Only

(6) Parental leave entitlements for non-casual Employees are set out in the clauses below and are subject to the following:

  1. at an Employee's request, paid parental leave entitlements may be paid at a proportion of full pay (e.g. paid at 50% of the applicable rate for 52 weeks instead of 26 weeks), provided that:
    1. the total parental leave entitlement will not exceed the maximum duration specified in the table below; and
    2. other leave entitlements will accrue on a pro rata basis during the relevant period;

Parental Leave (Primary Carer)

(7) The provision of paid parental leave for a primary carer includes the following entitlements:

Length of Service Quantum of Paid Leave
< 12 months 2 weeks for each completed month of service
Between 12-24 months 26 weeks
24 months or greater 36 weeks

(8) The provision of paid parental leave for a primary carer is made under the following conditions:

  1. Available to an Employee who intends to be the primary carer of a newborn, or a newly adopted child.
  2. For non-birth mothers, leave may commence on the date of birth of the child or date of placement of the adopted child.

Parental Leave (Partner)

(9) The provision of parental leave (partner) is made under the following conditions:

  1. If the Employee converts to the primary care-giver of the child, the entitlement to parental leave (primary carer) will be reduced by the amount of parental leave (partner) taken.

Part B - How to Apply for Paid Parental Leave

(10) Employees are required to provide written notice to their manager no later than 10 weeks before the expected start date of leave (or as soon as reasonably practicable). Applications for Parental Leave are to be submitted via ASK HR including the completed ‘Application for Absences’ form (available on the intranet using the search function) with manager’s approval and a medical certificate detailing the expected date of birth.

(11) An Employee who is not the birth mother, who is sharing primary care responsibilities, or who converts to primary carer must attach to their application for parental leave (primary carer) a statutory declaration or a letter from their spouse or partner’s place of employment attesting to the fact that their spouse or partner has returned to work.

(12) If applicable, Employees should check their leave entitlements before completing the form. ASK HR can assist with calculating entitlements.

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Section 5 - Definitions

(13) For the purpose of this Policy and Procedure:

  1. Employee: Refer to the La Trobe University Collective Agreementf for definitions of fixed term, continuing and casual staff.
  2. Partner: a person who is a spouse, de facto or same-sex partner.
  3. Primary Carer: the staff member who will assume the principal role for the care and attention and supervision of the child/children.