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Part 7: Parental leave

5.7.1 Purpose

Parental leave assists a member and their dependants to spend time with a newborn or adopted dependent child.

5.7.2 Definitions

This table defines a term used in this Part.

Definitions
Term Definition in this Division
Salary The salary and allowances the member would be entitled to if they were on recreation leave for the period.
See: Part 4, Recreation leave

5.7.3 Paid parental leave

  1. The CDF may grant a member two weeks (14 calendar days) of parental leave with salary if they meet all these conditions.

    1. They are on continuous full-time service.

    2. Note: In the total workforce model, a member on continuous full-time service may be described as a member in Service category 6 or 7. A member who is in Service category 3, 4 or 5 and Service option C is also on continuous full-time service.

    3. The member becomes the parent of, or takes full parental responsibility for, a newborn or adopted dependent child.

    4. They are not entitled to paid maternity leave.

  2. A member on Reserve service is not eligible for payment of parental leave.

  3. Note: In the total workforce model, a member on Reserve service may be described as a member in Service category 3, 4 or 5. A member on Service option C is not a member on Reserve service.

  4. Any period of paid parental leave is a period of effective service.

  5. A member may apply to take their parental leave at half pay. The CDF may approve the member's application.

    See: Section 5.7.6, Time limits on parental leave, for restrictions on how the leave may be taken

    Example: A member is eligible for two weeks paid parental leave. The member is granted four weeks' leave at half their normal salary rate.

    Note: The member must contribute to superannuation every fortnight that they receive salary. Their contribution rate is not reduced.

Persons who can make the decision under subsection 5.7.3.1 on behalf of the CDF:
Supervisor not below WO2(E)/APS 4, in the member's direct chain of command or above in chain of command or supervision.
Note: The approver may deal with full and half pay applications.

5.7.4 Unpaid parental leave – member on continuous full-time service

  1. The CDF may grant a member unpaid parental leave if they become the parent of, or take full parental responsibility for, a newborn or adopted dependent child.

    Related Information: Section 5.7.5, Parental leave – member on Reserve service, provides separate arrangements for members on Reserve service

    Note: This Part can apply to a member who is on maternity leave – see subsection 5.6.18.2.

  2. A member's parental leave absence must not total more than 66 weeks

    Examples:

    1. A member is granted two weeks parental leave at full pay. The member may be granted up to 64 weeks of parental leave without pay. The total absence is 66 weeks.

    2. A member is granted one week of parental leave at full pay, and two weeks of parental leave at half pay. That member may be granted up to 63 weeks of parental leave without pay. The total absence is 66 weeks.

  3. A period of unpaid parental leave is not a period of effective service.

    Note: Rule 6 of the Military Super and Benefits Scheme Rules sets out when a member can pay superannuation contributions during unpaid parental leave.

  4. A period of unpaid parental leave has these features.

    1. The member is not required to remain fit or deployable.

    2. The member continues to receive free medical care. The member is not returned to the payroll for hospitalisation, treatment, illness or convalescence.

    3. The member keeps their housing assistance.

    Note: Long service leave does not accrue for any period of unpaid parental leave more than three months.

    See: Part 5 Division, section 5.5.18, Periods that are not accrued service

Persons who can make the decision under subsection 5.7.4.1 on behalf of the CDF:
For periods of less than 3 months:
Commanding Officer or Officer Commanding, not below MAJ(E)/APS 6, in the member's direct chain of command
For any period:
Director Navy People Career Management Agency
Deputy Director Navy People Career Management Agency
Director General Navy People
Head Navy People and Resources
Staff Officer Grade 1 (Soldier Career Management Agency)
Director Officer Career Management – Army
Staff Officer Grade 1 (Directorate of Officer Career Management – Army)
Director General Personnel – Army
Director Personnel – Air Force
Chief of Staff Director General Personnel – Air Force
SQNLDR and WGCDR Personnel Managers within the Directorate of Personnel – Air Force
Deputy Director Under Training Workforce (Air Force)
Executive Officer Director Personnel – Air Force
Director General Personnel – Air Force
Deputy Director Selection, Enlistment, Appointment and Transition (Air Force)
Deputy Director Flexible Employment and Remuneration (Air Force)

5.7.5 Parental leave – member on Reserve service

The CDF may grant a member on Reserve service up to 66 weeks' break in their service obligations if they become the parent of a newborn or adopted dependent child.

Persons who can make the decision under section 5.7.5 on behalf of the CDF:
For periods of less than 3 months:
Commanding Officer or Officer Commanding, not below MAJ(E)/APS 6, in the member's direct chain of command
For any period:
Director Navy People Career Management Agency
Deputy Director Navy People Career Management Agency
Director General Navy People
Head Navy People and Resources
Staff Officer Grade 1 (Soldier Career Management Agency)
Director Officer Career Management – Army
Staff Officer Grade 1 (Directorate of Officer Career Management – Army)
Director General Personnel – Army
Director Personnel – Air Force
Chief of Staff Director General Personnel – Air Force
SQNLDR and WGCDR Personnel Managers within the Directorate of Personnel – Air Force
Deputy Director Under Training Workforce (Air Force)
Executive Officer Director Personnel – Air Force
Director General Personnel – Air Force
Deputy Director Selection, Enlistment, Appointment and Transition (Air Force)
Deputy Director Flexible Employment and Remuneration (Air Force)

5.7.6 Time limits on parental leave

  1. Parental leave does not accrue. It must be taken within 66 weeks of the birth or adoption of a member's child.

  2. Paid parental leave can only be taken in one of the following ways.

    1. One unbroken period of up to 14 calendar days at full pay.

    2. Two separate periods, each of up to seven calendar days at full pay.

      Example: A member takes one week of paid parental leave from 1 to 7 August. The member is later granted a second period of paid parental leave, from 1 to 7 September. The member has no further eligibility for paid parental leave.

    3. One unbroken period of up to 28 calendar days at half pay.

    4. Two separate periods, each of up to 14 calendar days at half pay.

    5. One unbroken period of up to seven calendar days at full pay and one unbroken period of up to 14 calendar days at half pay.

      Example: A member takes a period of 14 days of paid parental leave from 1 to 14 August at half pay. The member is later granted a second period of seven days of paid parental leave at full pay, from 21 to 27 August. The member has no further eligibility for paid parental leave.

    Note: These options reflect the principle that no more than two absences may be granted.

  3. Unpaid parental leave can be taken as separate periods of leave.

    Example: Within the 66-week maximum period, a member takes three periods of unpaid parental leave – one for 20 weeks, a later period of 10 weeks and period later than that for five weeks.

  4. The 66-week maximum period is reduced by any period of leave the member or their dependants take under any of these circumstances.

    1. Parental leave under this Part.

    2. Maternity leave under Part 6.

    3. See: Part 6, Maternity leave

    4. Maternity leave under the Maternity Leave (Commonwealth Employees) Act 1973.

      See: Maternity Leave (Commonwealth Employees) Act 1973

    Example: A member takes 52 weeks of maternity leave. The maximum parental leave they can take is 14 weeks. This would take the total period of absence to 66 weeks.

  5. Two parents of a family may take parental leave together. That is, they are both eligible for a maximum of 66 weeks combined if they meet either of these conditions.

    1. They are both members.

    2. One parent is a member and the other is an APS employee.

  6. They must take into account any restrictions on the employee under an agreement or workplace agreement.

    Example: A member's spouse or partner works in another entity whose agreement provides for 66 weeks' parental leave. Both take 30 weeks' parental leave together after the birth of their child. The member then returns to duty. Their spouse or partner takes their remaining benefit of 36 weeks.

5.7.7 Multiple births or adoption

In this Part, a multiple birth or adoption is taken to be a single event.

5.7.8 How to apply for parental leave

  1. A member must apply for parental leave using webform AD097, ADF Leave Application.

  2. One leave application may be used for multiple types of leave. However, if different approving authorities are required to sign for the different types of leave, separate leave forms must be used for each type of leave.

    Examples: Recreation leave, long service leave, leave without pay.

5.7.9 Return from parental leave

A member may apply to resume duty on part-time leave without pay on their return from a period of parental leave.

See: Part 10
Division 2 section 5.10.10, Members who are eligible
Division 3 section 5.10.19, Members who are eligible

5.7.10 How does Defence parental leave interact with the Government's Paid Parental Leave scheme?

  1. The Government's Paid Parental Leave scheme is separate from Defence's parental leave provisions as contained in this Part.

  2. Receipt of Parental Leave Pay does not affect access or eligibility for Defence's parental leave provisions. Parental Leave Pay can be paid while a member is on paid or unpaid parental leave or for Reservists, a period where they are exempt from the requirement to serve the minimum training obligation set under regulation 100 of the Defence (Personnel) Regulations 2002.

  3. The Paid Parental Leave scheme is run by the Family Assistance Office who are able to provide information and assistance on how the Paid Parental Leave scheme works. The Family Assistance Office will process the claim and assess if a parent is eligible to receive Parental Leave Pay.

  4. See: Part 6A, The Australian Government's Paid Parental Leave scheme

    Contact information:
    Department of Human Services: www.humanservices.gov.au/customer/subjects/having-baby
    Government's Paid Parental Leave Hotline: 13 61 50

Application to Reservists: Yes, on continuous full-time service.



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