PACMAN Chapter 5 Part 4 Division 4: Member already on leave without pay

TAX ALERT: PACMATE Annex 3.A, item 78.

This Division applies to a member who meets both these conditions.

She has been granted leave without pay of more than six weeks.

See: Chapter 5 Part 8 Division 1, Leave without pay

She becomes pregnant.

1.	If a member has not started the leave without pay, she may cancel her application. The member is then entitled to maternity leave under Division 2.
2.	If the member has started the leave without pay, cancelling the application will be of no effect. This Division will continue to apply to her.

1.	A member on leave without pay must be absent from duty for the period described in Division 3, Required absence.
2.	Part or all of the required absence may fall in the same period as the leave without pay. The member is not entitled to maternity leave for this period.
3.	Part of the required absence may fall after the leave without pay has finished. These conditions apply to the member.
	a.	The member is entitled to paid maternity leave for this period.
		i.	From the day after the end of her leave without pay.
		ii.	To the day no later than 14 weeks after her required absence begins.
		Example: A member had been granted leave without pay from 1 September to 30 June. The member's expected date of the birth is 1 June. Her baby is born on 8 June. Her required absence is from 20 April (six weeks before the expected date of birth) to 19 July (six weeks after the actual date of birth). The member must serve her original period of leave without pay. She is entitled to paid maternity leave from 1 July to 19 July.
	b.	The member must have completed the period of qualifying service. See: Division 2 subclause 5.4.14.3, Paid maternity leave
4.	The member may apply to resume duty during the period of required absence. See: Division 3 clause 5.4.27, Resuming duty during the required absence

1.	A member this Division applies to is entitled to maternity leave for this period.
	a.	From the day after the end of her leave without pay.
	b.	To the day 52 weeks after her required absence begins.
	Example: A member had been granted leave without pay from 1 September to 30 June. The member's expected date of the birth is 1 June. Her required absence begins on 20 April (six weeks before the expected date of birth). Fifty-two weeks after 20 April is 18 April the next year. The member is entitled to maternity leave from 1 July to 18 April.
2.	These conditions apply to payment of salary during maternity leave.
	a.	If the member meets the conditions for paid leave in clause 5.4.14, that part of the leave is paid. See: Division 3, Required absence
	b.	All other maternity leave is unpaid.
	c.	Arrangements for the substitution of other leave, and half-pay maternity leave in Division 2 may apply to the member. See: Division 2 clause 5.4.18 Access to other leave Division 2 clause 5.4.15 Maternity leave at half pay

1.	The CDF may decide that this Division should not apply to a member, or should apply in part.
2.	The CDF must consider both these criteria.
	a.	Why the leave without pay was granted.
	b.	If it was granted in the interests of the ADF.
	Example: A member is granted leave without pay to accompany her ADF spouse or interdependent partner on an overseas posting. During the leave she becomes pregnant. The CDF decides that her leave is in the interests of the ADF, and that full maternity leave should be available. Non-example: A member is granted leave without pay to establish a small business. During the leave she becomes pregnant. In the CDF's view there is no ADF benefit to the leave. The member's maternity leave must be worked out under clause 5.4.30, Required absence.

Persons who can make the decision under subclause 5.4.32.1 on behalf of the CDF:

Director General Navy People

Director Navy Personnel Policy

Director Navy Employment Conditions

Director General Personnel – Air Force

Director Military Administration – Air Force

Deputy Director Personnel Concepts and Policy – Air Force

Director General Personnel – Army

Director Personnel Policy – Army

Staff Officer Grade 1 – Director General Personnel – Army

	See: Division 2 clause 5.8.15, effect on other forms of leave, for the effect of a grant of part-time leave without pay on maternity leave.
	Note: A member on leave without pay combined with maternity leave may choose to keep contributing to the Military Superannuation and Benefits Scheme. She can choose to contribute for up to nine months. The full employer benefit for the Scheme will be met. The period of leave without pay counts as eligible service for payment of the retention benefit.

PACMAN AL10 (August 2011) Chapter 5 ‑ Part 4 Division 4 – 1