4. Adoption Leave

4.1 Entitlement and Payment

a) Unpaid Adoption Leave

All temporary full time and part time female teachers adopting a child under the age of five years at the date of taking custody are entitled to unpaid adoption leave.

b) Paid Adoption Leave

Payment for adoption leave is granted on a pro rata basis to temporary teachers, who, prior to the date of taking custody of the child have completed 40 weeks continuous service. The requirements in respect of the 40 weeks continuous service are the same as for maternity leave.

Payment at half the temporary teacher's normal rate of pay is made for a period not exceeding six weeks from the date of taking custody of the child.

c) Method of Payment

When completing an application for adoption leave a temporary teacher may elect to be paid by normal fortnightly payments or by payment in a lump sum.

4.2 Application and Variation of Leave

a) An application for adoption leave, accompanied by documentation from the adoption authority indicating the expected date of taking custody, should be submitted at least two weeks prior to the expected date of taking custody of the child.

b) Where a temporary teacher takes custody of the child earlier than expected, an application for leave should be submitted no later than two weeks after taking custody of the child.

c) The first and last date of leave must be stated on the application form.

d) Temporary teachers eligible for long service leave may apply to use long service leave to supplement a period of half pay or unpaid adoption leave.

e) The provisions in respect of varying the period of leave are the same as for maternity leave.

4.3 Duration of Leave

a) Adoption leave will only be granted during the period of a temporary engagement.

b) Adoption leave commences on the date of taking custody of the child. Leave as is necessary to attend to the immediate domestic and travel arrangements associated with taking charge of the child may be taken prior to the commencement of the adoption leave eg family and community service leave, long service leave, leave without pay.

c) Where travel and residential formalities do not apply, leave without pay or long service leave may be taken prior to the date of taking custody of the child.

d) Adoption leave is not available where the child being adopted is over five years of age but a temporary teacher may take leave without pay or long service leave to credit.

4.4 Right of Return

A temporary teacher's right of return to her former school is preserved if the total period of adoption leave and any other leave is within a school year and if the date of return falls within a temporary engagement.

4.5 Service Credits for Adoption Leave

The provisions in respect of service credits for adoption leave are the same as for maternity leave.

4.6 Leave for Adopting Parents

Adoption leave is not available to male temporary teachers but family and community service leave to credit may be granted to cover travel and any period required for legal and residential formalities. If family and community service leave to credit is not sufficient, long service leave or leave without pay may be granted.

4.7 Part Time Adoption Leave

a) Subject to Departmental convenience, all female temporary teachers adopting a child under the age of five years at the date of taking custody are eligible to take adoption leave on a part time basis. Part time adoption leave will only be granted for periods that fall within a temporary engagement.

b) The provisions in respect of part time adoption leave are the same as for part time maternity leave.

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Last Modified: 15 Nov 2005