12. Paternity Leave

12.1 General

a) Paternity leave is leave without pay and is available to male temporary teachers employed on a full time or part time basis. It is granted to those staff who certify that they are the primary caregiver of a child or who wish to share the child caring duties with their female partner.

b) The entitlement to paternity leave is reduced by any period of maternity leave taken by the temporary teacher's partner and is not to be taken concurrently with the partner's maternity or adoption leave. The exception being where both partners are sharing child caring duties on a part time basis on separate days.

c) The paternity leave provisions are in addition to existing family and community service leave entitlements.

d) Paternity leave will only be granted during periods of temporary engagement and will be considered on a case by case basis. Applications will not be approved that encompass the majority of the temporary engagement.

12.2 Entitlement

a) A male temporary teacher is entitled to paternity leave, which is not taken concurrently with the partner's maternity leave or adoption leave, as follows:

i) one week of unpaid leave from the date of birth of the child or the date of placement of an adopted child; and

ii) a further period of unpaid leave on a full time or part time basis totalling one school year including the one week in point i), or until the end of the temporary engagement, whichever is the lesser; or

iii) a combination of full time and part time leave provided that the total period of paternity leave taken does not exceed the maximum period specified in point ii).

b) Part time paternity leave is granted at the discretion of the Department

c) Accrued long service leave may be taken concurrently with paternity leave, provided the period of paternity leave does not exceed the maximum specified in point ii).

d) Paternity leave, applied for but not commenced, will be cancelled in cases of miscarriage or stillbirth.

12.3 Right of Return to Former Position

A temporary teacher who returns to work after paternity leave has a right to return to his former position where the date of return falls within a temporary engagement.

12.4 Application and Variation of Leave

a) The temporary teacher is required to make an application in writing for paternity leave at least one month prior to the proposed first day of leave. While one months notice should be given, up to three months notice is preferable.

b) An application for paternity leave must be accompanied by a medical certificate which includes the anticipated date of birth of the child or in the case of an adopted child, documentation from the authority indicating the expected date of taking custody should be submitted.

c) The temporary teacher is required to produce a statutory declaration which includes:

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Last Modified: 15 Nov 2005