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Division 4: Member already on leave without pay

5.6.28 Member already on leave without pay

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

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

    See: Part 10 Division 1, Leave without pay

  2. She becomes pregnant.

5.6.29 Cancelling the leave without pay

  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.

    See: Division 2, Maternity leave entitlements

  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.

5.6.30 Required absence

  1. A member on leave without pay must be absent from duty for the period described in Division 3.

    See: 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.

    1. The member is entitled to paid maternity leave for this period.

      1. From the day after the end of her leave without pay.

      2. 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.

    2. The member must have completed the period of qualifying service.

      See: Division 2 subsection 5.6.14.4, Paid maternity leave

  4. The member may apply to resume duty during the period of required absence.

    See: Division 3 section 5.6.27, Resuming duty during the required absence

5.6.31 Maternity leave

  1. A member this Division applies to is entitled to maternity leave for this period.

    1. From the day after the end of her leave without pay.

    2. 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.

    1. If the member meets the conditions for paid leave in section 5.6.14, that part of the leave is paid.

      See: Division 3, Required absence

    2. All other maternity leave is unpaid.

      Note: A member on unpaid leave 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, but must do so before the expiration of the period of leave without pay. The full employer benefit for the scheme will be met. The period of unpaid leave counts as eligible service for payment of the retention benefit only if the member makes their election to contribute (and contributed) to the Military Superannuation and Benefits scheme before their period of unpaid leave ends.

    3. Arrangements for the substitution of other leave, and half-pay maternity leave in Division 2 may apply to the member.

      See: Division 2
      Section 5.6.18, Access to other leave
      Section 5.6.15, Maternity leave at half pay

5.6.32 Discretion to vary

  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.

    1. Why the leave without pay was granted.

    2. If it was granted in the interests of the ADF.

    Example: A member is granted leave without pay to accompany her ADF spouse or 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 section 5.6.30, Required absence.

Persons who can make the decision under subsection 5.6.32.1 on behalf of the CDF:
Director General Navy People
Director Navy Personnel Policy
Director Navy Employment Conditions
Director General Personnel – Army
Director Personnel Policy – Army
Staff Officer Grade 1 – Personnel Policy – Army
Director General Personnel – Air Force
Director Personnel – Air Force
Deputy Director Flexible Employment and Remuneration (Air Force)
Executive Officer Director Personnel – Air Force

5.6.33 Members on part-time leave without pay

  1. This section applies to a member who is granted a period of maternity leave, if they meet both the following conditions.

    1. They are on part-time leave without pay immediately before the maternity leave begins.

    2. It is reasonable to expect that the member would have continued on their part-time leave without pay arrangement if they did not take the maternity leave.

  2. If subsection 1 applies then both of the following conditions apply.

    1. The member's salary during the maternity leave is payable as if they had continued on the part-time leave without pay until it would have ended.

      Example 1: A member is 24 weeks into a grant of 12 months of part-time leave without pay. They take 14 weeks' paid maternity leave at that point. Their salary for the 12 weeks' maternity leave is paid at the same rate that they were entitled to for the part-time leave without pay.

      Example 2: A member is 48 weeks into a grant of 12 months (52 weeks) of part-time leave without pay. They take 14 weeks' paid maternity leave at that point. Their salary for the first four weeks of maternity leave is the salary they were entitled to for the part-time leave without pay. Their salary for the rest of the paid maternity leave is the salary they are entitled to under this Part.

    2. Any basic recreation leave credit the member accrues for service during maternity leave accrues as if they had continued on part-time leave without pay. This does not apply to additional recreation leave credit.

    Related Information: For equivalent provisions for a member on a flexible service determination (weeks per month pattern of service), see section 5.6.14A, Maternity leave for member on a flexible service determination (weeks per month pattern of service).

Application to Reservists: Yes, in certain circumstances.



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Further info

  • Health Directive No. 235, Management of pregnant members of the Australian Defence Force
    (This document is availabile on the Defence intranet or through the Defence Service Centre.)
  • Tax alert, item 59

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