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TAX ALERT: PACMATE Annex 3.A, item 79. |
5.5.1 Purpose
5.5.2 Definitions
5.5.3 Paid
parental leave
5.5.4 Unpaid
parental leave – member on continuous full-time service
5.5.5 Parental
leave – member on Reserve service
5.5.6 Time
limits on parental leave
5.5.7 Multiple
births or adoption
5.5.8 How
to apply for parental leave
5.5.9 ...
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Parental leave assists a member and their dependants to spend time with a newborn or adopted dependent child. |
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This table defines a term used in this Part. |
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Term |
Definition in this Division |
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Salary |
The salary and allowances the member would be
entitled to if they were on recreation leave for the period. |
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1. |
The CDF may grant a member two weeks (14 calendar days) of parental leave with salary if they meet all these conditions. |
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a. |
They are on continuous full-time service. |
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b. |
The member becomes the parent of, or takes full parental responsibility for, a newborn or adopted dependent child. |
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c. |
They are not entitled to paid maternity leave. |
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2. |
A member on Reserve service is not entitled to paid parental leave. |
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3. |
Any period of paid parental leave is a period of effective service. |
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Persons who can make the decision under subclause 5.5.3.1 on behalf of the CDF: Commanding Officer or Officer Commanding, not below MAJ(E)/APS 6, in the member’s direct chain of command |
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1. |
The CDF may grant a member on continuous full-time service up to 64 weeks of unpaid parental leave if they become the parent of a newborn or adopted dependent child. |
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Note 1: 64 weeks' leave under this clause, plus two weeks' paid leave under clause 5.5.3, make a total of 66 weeks' leave. |
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Note 2: This Part can apply to a member who is on maternity leave - see subclause 5.4.18.2 |
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2. |
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. |
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3. |
A period of unpaid parental leave has these features. |
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a. |
The member is not required to remain fit or deployable. |
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b. |
The member continues to receive free medical care. The member is not returned to the payroll for hospitalisation, treatment, illness or convalescence. |
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c. |
The member keeps their housing assistance. |
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Persons who can make the decision under subclause 5.5.4.1 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 Staff Officer Grade 1 (Soldier Career Management Agency) Director Officer Career Management – 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 Administrative Sanctions, Promotion, Gradings and Internal Review (Air Force) Deputy Director Under Training Workforce (Air Force) Executive Officer Director Personnel – Air Force Director General Navy People Head Navy People and Reputation Director General Personnel – Army Director General Personnel – Air Force Air Force Reserve Forces only Director Personnel Reserves – Air Force |
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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. |
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Persons who can make the decision under clause 5.5.5 on behalf of the CDF: 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 Staff Officer Grade 1 (Soldier Career Management Agency) Director Officer Career Management – 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 Administrative Sanctions, Promotion, Gradings and Internal Review (Air Force) Deputy Director Under Training Workforce (Air Force) Executive Officer Director Personnel – Air Force Director General Navy People Head Navy People and Reputation Director General Personnel – Army Director General Personnel – Air Force Air Force Reserve Forces only Director Personnel Reserves – Air Force |
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1. |
Parental leave does not accrue. It must be taken within 66 weeks of the birth or adoption of a member’s child. |
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2. |
Paid parental leave can only be taken in one of the following ways. |
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a. |
One unbroken period of up to two weeks (14 calendar days). |
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b. |
Two sep Example 1: A member takes a period of 10 days of paid parental leave from 1 to 10 July. The member has no further entitlement to paid parental leave. Example 2: 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 3 September. The member has no further entitlement to paid parental leave. |
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3. |
Unpaid parental leave can be taken as sep 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. |
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4. |
The 66-week maximum period is reduced by any period of leave the member or their dependants take under any of these circumstances. |
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a. |
Parental leave under this Part. |
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b. |
Maternity leave under Part 4 of this Chapter. |
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c. |
Maternity leave under the Maternity Leave (Commonwealth Employees) Act 1973. |
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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. |
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5. |
Two parents of a family may take parental leave together. That is, they are both entitled to a maximum of 66 weeks combined if they meet either of these conditions. |
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a. |
They are both members. |
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b. |
One parent is a member and the other is an APS employee. |
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They must take into account any restrictions on the employee under an agreement or workplace agreement. |
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Example: A member's spouse or interdependent partner works in another agency 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 interdependent partner takes their remaining entitlement of 36 weeks. |
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In this Part, a multiple birth or adoption is taken to be a single event. |
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1. |
A member must apply for parental leave using Form AD097 ADF leave application. They can find it on the Defence Publishing Service Web Forms system. |
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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: Recreation leave, long service leave, leave without pay. |