Parental leave

Permanent employees, fixed-term employees and some eligible casual employees are entitled to parental leave (see Eligibility below).

This policy describes the different types of parental leave you are entitled to, how long your leave lasts, and your responsibilities while on leave.

Information on paid parental leave for Australian Government employees can be found on the Family Assistance Office website.

Before applying for leave we encourage you to contact the Human Resources Management Branch about your available leave credits.

Am I eligible for parental leave?
Entitlement
Maternity Leave
Paternity Leave
Adoption Leave
Returning to work after parental leave
- Returning to a full-time position
- Returning to a part-time position
Superannuation while on leave
Our responsibilities during parental leave
Your responsibilities during parental leave
Legislation

Am I eligible for parental leave?

To be eligible for the full 52 weeks Parental Leave you must have been employed in the State Service:

full or part time for at least 12 months
for a fixed term with at least 12 months continuous service (providing that the period of leave does not extend the employment term)
as an eligible casual employee.*

* An eligible casual employee is someone employed during a period of at least 12 months either on a regular and systematic basis for several periods of employment, or on a regular and systematic basis for an ongoing period of employment, and who has a reasonable expectation of ongoing employment.

Contact the HRM Branch if you are unsure of your status.

Entitlement

After 12 months continuous service, parents are entitled to a combined period of up to 52 weeks unpaid parental leave when they have or adopt a child. Before applying for leave we encourage you to contact the HRM Branch to discuss your available leave credits.

Simultaneous parental leave

Parental leave is only available to one parent at a time in a single unbroken period; however, both parents are entitled to simultaneous parental leave at the time of birth. The partner not giving birth is entitled to a period of leave up to three weeks, which includes one day of paid leave to attend the birth.

For adoption leave, at the time of placement of the child both partners are entitled to an unbroken period of up to three weeks. Unpaid simultaneous parental leave may be taken to help you to deal with work and parenting responsibilities. This type of leave can also be extended (see the Extending Parental Leave section below).

Taking other kinds of leave during or instead of parental leave

You may use any recreation and/or long service leave entitlements available to you instead of, or in conjunction with, parental leave – but the total leave may not exceed 52 weeks.

If you take paid leave during your parental leave period, your normal entitlements such as sick, recreation and long service leave will continue to accrue.

Periods of unpaid parental leave longer than 20 days are regarded as leave without pay and will not count as service for any purpose; but they do not break your continuity of service.

Extending parental leave

To help you to deal with work and parenting responsibilities you may request to:

extend the period of simultaneous unpaid parental leave up to a maximum of eight weeks
extend unpaid parental leave by up to 12 continuous months.

Such a request would only be refused on reasonable grounds, for example if it would affect the workplace or business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

Maternity leave

After 12 months continuous service, female employees are entitled to a maximum of 52 weeks (12 months) leave including a period of 12 weeks paid leave.
You are entitled to up to 52 weeks maternity leave in total, regardless of whether you include in this period other types of paid leave such as long service leave or recreation leave.

If your partner is taking Parental Leave – regardless of for whom they work– your maternity leave will be reduced by the amount of time they have taken off work (except in the case of Simultaneous Parental Leave).

Applying for maternity leave

Maternity leave should start six weeks before and continue for six weeks after the expected date of birth. This can be shortened on production of a medical certificate stating that you are fit for normal duties.

You need to give four weeks notice of the date your maternity leave begins and the period of leave to be taken.

You must also provide a certificate from a registered medical practitioner at least 10 weeks before the expected date of birth stating that you are pregnant.

Your application for maternity leave should include particulars of any period of paternity leave sought or taken by your partner.

If pregnancy puts you at risk in your current role

If illness, health risks or hazards connected with work make it inadvisable for you to continue your present work while pregnant you may be transferred to a ‘safer’ job until maternity leave commences. If transfer to a safer job is not possible you may elect, or be required, to commence leave early in accordance with the advice of a registered medical practitioner.

Special maternity leave

If you suffer a pregnancy-related illness or have to undergo a pregnancy-related medical procedure before you begin maternity leave you will be granted any paid personal leave to which you are entitled and further unpaid special maternity leave that is necessary before you return to work.

If you are unwell and take time off right up until you begin your scheduled maternity leave, your maternity leave period will be deemed to have started on the date you first left work.

If your pregnancy terminates other than by the birth of a living child within 20 weeks of the expected date of birth you are entitled to up to 52 weeks parental leave, including 12 weeks paid maternity leave, if deemed necessary by a registered medical practitioner.

Paternity leave

After 12 months continuous service employees are entitled to a maximum of 52 weeks (12 months) unpaid paternity leave, including one day of paid leave to attend the birth of the child.

At least 10 weeks before starting paternity leave you must notify the department of your intentions and provide the following information:

your intention to become the child’s primary care-giver
the proposed leave dates
particulars of any period of Parental Leave sought or taken by the other parent
a certificate from a registered medical practitioner, naming the other parent and stating that she is pregnant, with the expected birth date or the date on which she gave birth.

Adoption leave

If you are adopting a child you are eligible for a maximum of 52 weeks (12 months) Adoption Leave including a period of 12 weeks paid adoption leave only if:

you have completed 12 months continuous service
you provide a statutory declaration stating that you will be the child’s primary carer
the child is under sixteen years of age (unless special circumstances exist)
the child is not a child or step-child of you or your spouse
the child has not previously lived with you continuously for six months
you notify the department at least 10 weeks before the adoption leave begins and specify the period of leave to be taken (unless the adoption occurs earlier than expected due to circumstances beyond your control)
you supply the particulars of adoption leave your spouse has taken, or will take, to care for the child
you provide confirmation of the adoption from the appropriate government authority if requested.

You may be entitled to two days or more leave without pay (as agreed with the department) before taking custody for the purpose of interviews and relocation of the child.

Varying your period of parental leave

You can apply to change the period of your leave, provided you do not exceed the maximum 52 weeks. You should give at least one month’s notice if wish to shorten or extend the period of your leave.

Returning to work after parental leave

When you return to work you are entitled to resume the duties you were responsible for immediately before you took leave. If those duties no longer exist you will be assigned similar duties at the same classification.

If, because of your pregnancy, you were moved to safer duties or changed to part-time work before you took leave, you are entitled to resume the work you were doing before the change occurred.

If you have any questions about your options for returning to work after parental leave please contact the HRM Branch.

Returning to a full-time position

You must notify the department at least four weeks before the date you intend to return to full-time work.

Returning to a part-time position

If you want to return to work on a part-time basis you must give at least eight weeks notice.

After parental leave you may ask to return to work on a part-time basis until your child reaches school age. Any such request will only be refused on reasonable grounds related to the effects on the workplace or business. Such grounds might include cost, lack of suitable replacement staff, loss of efficiency and effectiveness, the specialised nature of the work and the impact on customer service.

Superannuation while on leave

For information about your superannuation while on parental leave contact your superannuation fund. RBF members can go to the Retirement Benefits Fund website www.rbf.com.au or contact their advisory section on 1800 622 631.

You can also obtain hard copies of the RBF Leave Without Pay brochure from the HRM Branch.

Our responsibilities during parental leave

If your workplace changes considerably while you are on leave, the department will take reasonable steps to let you know if the changes are likely to affect you. The department will also give you the opportunity to discuss any effects the change might have on your level of responsibility or duties.

Your responsibilities during parental leave

You should inform the Department of any matters that will affect your return to work, including changes to the duration of your leave, and whether you intend to return on a part-time basis, or indeed whether you intend to return at all.

You must also notify the department of any relevant details such as change of address and other contact details.

Legislation

Tasmanian State Service Award - Part VIII Clause 2

Divisions

Contact Details