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TAX ALERT: PACMATE Annex 3.A, item 78. |
5.4.3 Summary
5.4.4 Definitions
5.4.5 Members
this Part applies to
5.4.6 Required
absence and maternity leave
5.4.7 Termination
of pregnancy – overview
5.4.8 Leave
without pay and maternity leave
5.4.9 Parental
leave and maternity leave
5.4.10 Notice
5.4.11 How to
apply for maternity leave
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1. |
Maternity leave is described in full in this Part. This clause describes some of its main features. |
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2. |
Maternity leave allows for an absence of 52 weeks. It consists of paid and unpaid leave. New members may not have access to the paid leave component. See: Division 2, Maternity leave entitlements |
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3. |
A member who meets the eligibility criteria is entitled to the leave. An application cannot be refused for any reason. See: Division 2 clause 5.4.12, Overview |
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4. |
Maternity leave includes a period of required absence. See: Division 3, Required absence |
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5. |
A member may take recreation leave or long service leave instead of unpaid maternity leave. See: Division 2 clause 5.4.18, Access to other leave |
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6. |
Unpaid maternity leave is not the same as leave without pay. See: Clause 5.4.8, Leave without pay and maternity leave |
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7. |
Convalescence may happen at the same time as maternity leave. See: Division 3 clause 5.4.25, Fitness for duty and the required absence |
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This table defines terms used in this Part. |
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Term |
Definition in this Part |
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Birth |
The birth of a child that happens at one of these times. a. Twenty weeks before the expected date of the birth. b. Any day
that is after the day in p |
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Qualifying service |
For entitlement to paid maternity leave, a continuous period of 12 months of: a. full-time service in the ADF, or b.
any other employment recognised for the purpose of the Maternity Leave (Australian Government Employees) Act 1973,
Note: If a member is not sure whether they have done 12 months’ qualifying service, the member's unit can seek advice. A written request should be made to the Director Entitlements. |
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Required absence |
A period of absence under Division 3. |
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Salary |
Salary and allowances as if the period were a period of recreation leave. See: Part 2 Division 6 clause 5.2.29, Salary for recreation leave Part 2 Division 6 clause 5.2.30, Payment of allowances on recreation leave |
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Termination
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An event that results in a pregnancy ending, without the birth of a live child. It must happen at one of these times. a. The day that is twenty weeks before the expected date of the birth. b. Any day
that is after the day in p
Examples: Miscarriage, stillbirth, termination.
See also: Clause 5.4.7, Termination of pregnancy – overview. |
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This Part applies to a member whose pregnancy ends by a birth or a termination. |
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1. |
Two key concepts in this Part are required absence and maternity leave. |
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2. |
Required absence is the period that a member is required to be away from duty. It usually covers the later stages of pregnancy and the first few weeks after the birth. It can be reduced if the member has medical approval. Maternity leave is granted to cover the period of required absence. See: Division 3, Required absence |
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3. |
Maternity leave is leave granted to a member who is pregnant or who has recently given birth. It has paid and unpaid components, for eligible members. See: Division 2, Maternity leave entitlements |
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1. |
Termination is defined in clause 5.4.4, Definitions. |
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2. |
If a member's pregnancy terminates 20 weeks or later before the expected date of the birth, the member is entitled to maternity leave. Example: A member's expected date of the birth is 1 June. On 9 March she miscarries. This is 12 weeks before the expected date of birth. This event meets the definition of termination. The member is fully entitled to maternity leave, and she must observe the required absence. |
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3. |
If the member's pregnancy terminates earlier than 20 weeks before the expected date of birth, the member is not entitled to maternity leave. If she is unfit for duty, normal fitness for duty arrangements apply. Example: A member's expected date of the birth is 1 June. On 6 January she miscarries. This is 21 weeks before the expected date of birth. This event does not meet the definition of termination. The member has no maternity leave entitlement. The member is absent for a time under fitness for duty arrangements, to recover from the miscarriage. |
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The unpaid component of maternity leave is a different leave type to leave without pay. The two leave types are both unpaid, but in other respects are quite different. Unpaid maternity leave cannot be refused for any reason. Unpaid maternity leave is administered under this Part. Example 1: A member falls pregnant while already on unpaid maternity leave. She may be granted a second period of maternity leave. See: Clause 5.4.17, Second period of maternity leave Example 2: A member falls pregnant while on leave without pay. Clause 5.4.31 prevents her from having access to further maternity leave until her leave without pay has ended. See: Division 4, Member already on leave without pay Comparison: Examples 1 and 2 have different outcomes, as unpaid maternity leave and leave without pay are different leave types. |
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1. |
Maternity leave is not available to these members. Parental leave may be available instead. |
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a. |
Fathers of new babies. |
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b. |
Parents of adopted children. |
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c. |
An interdependent partner of the person who has given birth. |
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2. |
Members who have been granted maternity leave may also be entitled to parental leave. See: Chapter 5 Part 5, Parental leave |
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The member must give the CDF written notice of the birth or termination within six weeks of it happening. |
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Note: A member must report to the Defence Health Service when she considers she is pregnant. If her pregnancy is confirmed, and she wishes to continue with the pregnancy, the Medical Officer will inform the member’s Commanding Officer.
See: Health Directive No 235, Management of pregnant members of the Australian Defence Force |
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Persons who can make the decision under clause 5.4.10 on behalf of the CDF: Supervisor not below WO2(E)/APS 4 of the member in the member’s direct chain of command or supervision |
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1. |
A member must apply for maternity leave. |
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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, sep Examples of different types of leave: recreation leave, long service leave and leave without pay. See: Form AD097, ADF
Leave application |