June 2006 TCEEA Guide to Maternity Leave – frequently asked questions

Please note that due to the success of the union in Collective Bargaining negotiations with the catholic education employers in 2005 there are now additional maternity leave benefits. These enhancements are indicated by *new 2006.

1. Who is entitled to maternity leave?

Any pregnant employee or employee who is adopting a child who has continuously served full-time or part-time employment with their present employer for at least twelve months at the time maternity leave commences.

2. How much leave may be taken?

You may choose the period of leave which best suits your needs subject to the following limitations:

a) A total of up to fifty two weeks leave is available BUT an employee may request the employer extends the period of unpaid parental leave by a further continuous period not exceeding 12 months. *new 2006

b) The entitlement to maternity leave is reduced by any period of paternity leave taken by the employee's spouse.

c) Apart from paternal leave (special leave with pay) of up to three days at the time of the birth/settling the newborn in the home, parental leave is available to only one parent at a time BUT an employee may request the employer extends the period of simultaneous unpaid parental leave up to a maximum of eight weeks.*new 2006

d) Maternity leave may not extend beyond the child's first birthday but an employee may request the employer allows the employee to extend the period of unpaid parental leave by a further continuous period not exceeding 12 months. *new 2006

e) Where return to work would normally occur before the end of a school year, by mutual agreement the period of leave may be extended to the beginning of the new school year. *new 2006

3. How do you apply for maternity leave?

a) At least ten weeks before the baby is due, give your employer a certificate from your doctor stating: -
(i) The expected date of your baby's birth

b) At least four weeks before you wish to start maternity leave you must inform your employer in writing: -
(i) That you wish to take maternity leave
(ii) The period of maternity leave you intend to take
(iii) The date on which you intend to begin maternity leave

Both 3 (a) and (b) can be done at the same time if you wish as long as that is done at least ten weeks before the baby is due.

c) You must also give your employer a statutory declaration stating particulars of any period of paternity leave taken by your spouse under the Tasmanian Catholic Education Agreement.

4. When can maternity leave commence?

You may commence leave at any time within six weeks immediately prior to the expected date of birth except where it is unsafe for you to continue work and your employer has not been able to find a safe job for you. If you continue to work within six weeks prior to the expected date of birth, an employer may require you to provide a medical certificate stating that you are fit to work on your normal duties.

5. How soon can you return to work?

If you return to work within six weeks after the birth of your child the employer may require you to provide a medical certificate stating you are fit to work on normal duties. Other than that you have the right to return to work at any time provided you have given at least four (4) weeks notice of your intention to return to work.

Usually you would have stated what date you intend to return to work when you applied for maternity leave.

6. Can you change your mind about the length of your maternity leave?

The period of maternity leave can be extended on one occasion provided that you give the employer at least four (4) weeks notice. You should also state the period by which the leave is to be extended.
Any further extension is only by agreement between the employer and the employee.

7. What happens if the baby comes early?

If a living child is born early you are entitled to give notice of your intention to take maternity leave as soon as practical after your confinement.

8. What happens to maternity leave in the case of a miscarriage or stillbirth?

a. If maternity leave has not commenced it is cancelled.

b. If maternity leave has commenced the employee has the right to resume work, giving at least four weeks notice. This may be altered by agreement between the employer and employee.

c. If the pregnancy terminates within 28 weeks of the expected date of confinement and the employee is not already on maternity leave then she is entitled to unpaid leave (special maternity leave), the length of which would be specified by a doctor.

9. What happens in the case of illness?

a. For illness other than the normal consequences of confinement you can take any paid sick leave to which you are entitled in lieu of or in addition to special maternity leave.

b. For an illness related to the pregnancy, you may take any sick leave to which you are entitled and such further unpaid sick leave as your doctor certifies is necessary before your return to work. The total of paid sick leave, special maternity leave and parental leave may not exceed 52 weeks.

10. Is maternity leave paid?

For employees who commence leave on or after 1 January 2006 there shall be a payment of 10 weeks of that leave at their salary level when proceeding on leave.

For employees who commence leave on or after 1 January 2007 there shall be a payment of 11 weeks of that leave at their salary level when proceeding on leave.

For employees who commence leave on or after 1 January 2008 there shall be a payment of 12 weeks of that leave at their salary level when proceeding on leave.

The above all *new 2006

The remainder of any maternity leave and parental leave can be taken as unpaid leave.

11. How does maternity leave affect annual leave and long service leave entitlements?

a. Service is regarded as continuous and the weeks of paid maternity leave will be taken into account when calculating annual leave and the period of service for Long Service Leave but the period of unpaid maternity leave shall not be taken into account when calculating the number of days accumulated for annual leave or Long Service Leave.

b. Paid Long Service Leave can be taken if you are entitled to it, and included as part of your maternity leave, as long as the total of leave taken does not exceed fifty two weeks .

12. How does maternity leave affect incremental salary progression?

The period you are absent on paid maternity leave counts as a period of service for purposes of incremental salary progression.
The period you are absent on unpaid maternity leave or parental leave does not count as a period of service for purposes of incremental salary progression.

13. Do you receive holiday pay when you go on maternity leave?

Yes, if you are entitled to any.

a. If you take maternity leave at the end of the year you will receive your normal end of year pay.

b. For school support employees staff, if you take maternity leave during the year you will receive a proportion of holiday pay at the time you go on leave.

c. For teaching staff, if you take maternity leave during the year and if your first year of continuous service was prior to 2003, you will have been paid 20 days holiday pay in January in advance, in anticipation of your working the full year. As you will not have worked the year you will have to pay back a proportion of this 20 days.

d. Any period of unpaid maternity leave, although it is continuous service cannot be used for holiday entitlements.

14. What job are you entitled to on returning to work after maternity leave?

a. You have the right to your previous position, or you have the right to return to part-time work.

b. You have the right to work part time until your child's second birthday.

c. After your child has turned two you may then choose to return to the position you held immediately before proceeding on part time work.

d. BUT an employee may request the employer allows the employee to return from a period of parental leave on a part-time basis until the child reaches school age.*new 2006

15. What do you have to do prior to returning to work?

You must confirm in writing your intention to return to work no less than 4 weeks before the end of your period of maternity leave.

16. Can you resign while on maternity leave?

Yes, by giving the normal notice, which is eight weeks of which no more than two weeks may fall in the holiday period immediately preceding or following the term in which notice is given.

17. What happens if you become pregnant while on maternity leave?

Being on maternity leave does not break continuity of service for an employee; therefore you would apply for your next maternity leave according to the information in question 3.

Please note that "There will be no eligibility for paid maternity leave for a subsequent pregnancy if there has not been a return to work of at least a school year or three complete and consecutive school terms (excluding any periods of unpaid leave)".

18. Can you engage in paid employment while on Maternity Leave?

Yes, except that during the period of paid leave employees cannot engage in other paid work with the Tasmanian catholic education employers.

19. Can you have paid Maternity Leave over double the time at half the rate?

Yes, provision may be made for half pay over double the time provided that the accrual of benefits is equivalent to what would have accrued if the employee had been paid at their full rate for the period of leave. *new 2006

Maternity leave is a right. It is unlawful for an employer to terminate an employee's employment for the sole reason that you are or have been pregnant, or are absent on maternity leave.

For further information or if you have queries please contact the TCEEA office on:
phone 62349970
fax 62349505
email tceea@tassie.net.au

Contact Details
Tasmanian Catholic Education Employees Association
Ph:  (03) 6234 9970
Fax: (03) 6234 9505
Email: angbriant@tassie.net.au

© 2005 Tasmanian Catholic Education Employees' Association
379 Elizabeth Street, North Hobart
Tel. (03) 6234 9970 Fax: (03) 6234 9505
Last Modified: Tuesday, 11-Jul-2006 12:07:26 EST
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