10. Maternity Leave

10.1 Unpaid Maternity Leave

All full time and part time temporary teachers who become pregnant are entitled to unpaid maternity leave during periods of a temporary engagement, irrespective of their length of service.

10.2 Paid Maternity Leave

a) Payment for maternity leave is granted on completion of 40 weeks continuous service. The 40 weeks of continuous service must be completed within the two year period immediately preceding the anticipated date of birth. The 40 weeks of continuous service includes:

• all periods of paid leave, maternity leave without pay, sick leave without pay, public holidays and up to a total of five days leave without pay;
• continuous permanent full time, permanent part time, temporary full time, temporary part time and full time casual service;
• previous service with TAFE or another government department which merges with employment as a temporary teacher;
• paid school vacations;
• unpaid school vacations that occur during a temporary engagement;
• unpaid school vacations that occur between engagements where there are temporary engagements abutting the beginning and end of the vacation;
• the four week period prior to the anticipated date of birth regardless of whether a temporary engagement exists during this period or not.

2. An absence of a temporary teacher from service at the beginning of the school year, who was in service at the end of the preceding school year and although available for employment, is not employed before the 21^st calendar day of the school year will not break service for the purposes of maternity leave.
3. If a temporary engagement is terminated early, the period between the end of the engagement and the cessation date of the original temporary engagement, will not break continuity of service for the purposes of maternity leave.
4. Payment at a temporary teacher's normal rate of pay and hours per week as at the anticipated date of birth, is made for the period of leave taken immediately prior to the anticipated date of birth for up to a maximum of six weeks and at half the normal rate of pay for six weeks on and from the anticipated date of birth.
5. Maternity leave, paid or unpaid, will only be granted for periods that fall within a temporary engagement. If the temporary engagement ceases during paid maternity leave the remaining portion of the paid maternity leave will be paid as a gratuity. The maternity leave gratuity will be reduced by the amount of any vacation leave due over the maternity leave period.

10.3 Method of Payment

When completing an application for maternity leave a temporary teacher may elect to be paid by normal fortnightly payments or by lump sum payment in advance at the date the leave commences.

10.4 Application and Variation of Leave

a) An application for maternity leave, accompanied by a medical certificate stating the anticipated date of birth should be submitted at least one month prior to the proposed first day of leave.

b) While one months notice should be given, up to three months notice is advisable, particularly where lump sum payment in advance is requested.

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

d) A temporary teacher may vary the intended period of leave any number of times before it commences.

e) After leave commences, the period of leave may be varied once without approval and on any number of occasions with approval. However, resumption of duty must then coincide with the commencement of a school term.

f) Subject to the approval of the Director of Personnel Services, a temporary teacher who has returned to full time duty after maternity leave, may, provided she has a balance of maternity leave to credit, apply to revert to full time or part time maternity leave. This reversion may only occur during the temporary engagement from which the maternity leave was originally taken.

10.5 Duration of Leave and Right of Return to Former Position

a) Maternity leave must commence at least four weeks prior to the anticipated date of birth and conclude not less than six weeks after the actual date of birth.

b) Resumption of duty earlier than six weeks after the actual date of birth may be permitted if:

• special arrangements for early resumption can be made; and
• an application for early resumption is supported by a certificate from a qualified medical practitioner.

1. Maternity leave may commence from six weeks prior to the anticipated date of birth and may commence prior to this date subject to approval.
2. The maximum period of maternity leave is a school year or until the end of the temporary engagement, whichever is the lesser.

A temporary teacher's right of return to her former school is retained if the date of return falls within a temporary engagement.

10.6 Sick Leave and Long Service Leave

a) A temporary teacher may use available sick leave with pay, sick leave without pay or long service leave if, because of a complication associated with the pregnancy, including a history of miscarriages or other illnesses the temporary teacher is unable to continue to work.

b) If, in this instance the temporary teacher is entitled to paid maternity leave, sick leave ceases six weeks prior to the anticipated date of birth.

c) If the temporary teacher is not entitled to paid maternity leave, sick leave to credit may be granted until the anticipated date of birth.

d) Temporary teachers eligible for long service leave may apply to use long service leave to supplement a period of half pay maternity leave or unpaid maternity leave and should indicate their requirements in the appropriate section on the leave form.

10.7 Miscarriage or Stillbirth

a) Miscarriage

In respect of a miscarriage which occurs during the first 21 weeks of pregnancy a temporary teacher shall be granted sick leave.

b) Stillbirth

In respect of a stillbirth, a temporary teacher shall have the option of taking sick leave or maternity leave. Generally, a temporary teacher may resume duty at any time on production of a satisfactory medical certificate. If the temporary teacher elects the maternity leave option, she cannot return to duty until six weeks after the anticipated date of birth of the child.

10.8 Pre-natal Classes

Leave without pay or long service leave to credit may be granted to attend pre-natal classes. In exceptional circumstances, where classes are not available outside school hours, family and community service leave may be granted.

10.9 Absent on Other Leave

If a temporary teacher is absent on leave and applies for maternity leave but does not resume duty, maternity leave may only be approved if the anticipated date of birth is within a temporary engagement and is due to occur after the expiry date of the leave.

10.10 Notification of Birth

As soon as practicable after the birth, a temporary teacher should send a copy of the child's birth certificate to Payroll Services. A temporary teacher may elect to provide an extract of the birth certificate indicating the details of mother and child only.

10.11 Service Credits for Maternity Leave

a) Maternity leave does not count as service for the award of a Teacher's Certificate.

b) All periods of maternity leave, both paid and unpaid, count as service for incremental purposes.

c) Maternity leave without pay does not count as service for long service leave, except when a temporary teacher has completed at least ten years paid service, then any period of maternity leave without pay of less than six months counts for the accrual of long service leave.

d) Paid maternity leave counts as service for annual leave loading purposes.

e) Paid maternity leave accrues vacation pay and any entitlement will be paid during the relevant vacation.

f) With the exception of long service leave, annual leave loading and vacation leave, paid and unpaid maternity leave counts as service in respect of all other categories of leave.

10.12 Resumption of Duty

One month prior to the date on which a temporary teacher is due to resume duty she must either confirm in writing that she will be resuming duty, or apply for an extension of leave, or if terminating her engagement, submit notice of early cessation of the temporary engagement.

10.13 Part Time Maternity Leave

All full time and part time temporary teachers who become pregnant may take maternity leave on a part time basis. Part time maternity leave will only be granted for periods that fall within a temporary engagement.

10.14 Duration of Leave

1. The maximum period of part time maternity leave which may be taken is one school year or until the end of the temporary engagement, whichever is the lesser.
2. Subject to the maximum period stated in a) above, the actual period of part time maternity leave that a temporary teacher may take will be determined by:

• the period of untaken full time maternity leave; and
• the number of days per week that the temporary teacher works.

10.15 Application and Variation of Leave

a) An application for part time maternity leave should be submitted at least four weeks in advance of the date on which leave is to commence.

b) A minimum of two days per week must be worked on a set and regular basis.

c) Part time maternity leave must be commenced:

• after the expiration of the six weeks compulsory leave following the birth; and
• before the expiration of twelve months full time maternity leave.

d) A temporary teacher may make application to vary the period of part time maternity leave and/or work arrangements provided that sufficient maternity leave is available.

e) Subject to approval a temporary teacher who has returned to full time duty after maternity leave may apply to revert to part time or full time maternity leave.

6. Similarly, a temporary teacher who has returned to duty on a part time basis may apply to revert to full time maternity leave and vice versa.

7. An application to vary leave arrangements may only be approved if sufficient maternity leave is still available.

10.16 Right of Return to Former Position

A temporary teacher's right of return to her former school is preserved if the date of return falls within a temporary engagement.

10.17 Incremental Progression

All periods of full time and part time maternity leave, paid and unpaid, count as service for incremental purposes.

10.18 Leave Conditions

Leave will accrue and may be granted to temporary teachers on part time maternity leave subject to the usual conditions for temporary teachers.

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Last Modified: 15 Nov 2005