Enterprise Agreement 2011-14 - Department of Climate Change

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Department of Climate Change and Energy Efficiency – Enterprise Agreement 2011-14 41.2. An employee with 12 months continuous service, as defined by the Maternity Leave (Commonwealth Employees) Act 1973, who is the adoptive parent and primary carer of a newly adopted child (as determined by the Fair Work Act 2009) is entitled to a maximum of 52 weeks unpaid leave (not to count as service) from the date of the placement of the child. The maximum period of 52 weeks is reduced by any period of leave taken under subclause 42.3. 41.3. An employee with 12 months continuous service who is the adoptive parent and primary carer of a newly adopted child (up to the age of 16 years of age) is entitled to 14 weeks paid leave from the date of the placement of the child. Adoption leave may be taken at half pay but any period of leave in excess of 14 weeks will not count as service for any purpose. 42. Permanent/Foster care/Surrogate leave 42.1. The Secretary will grant 14 weeks paid leave, to an employee who has 12 months continuous service in the Commonwealth, for the purposes of caring for a child under a formal Permanent Care Order or who has enduring parental responsibilities or similar termed orders. Documentary evidence must be submitted on application for leave. 42.2. Permanent/Foster care leave will be approved for new Permanent Care Orders or new enduring parental responsibilities under formal fostering arrangements only (i.e. effective date of the order is post this Agreement’s date of effect) and where the child or children has/have not previously lived with the employee (e.g. under a foster care arrangement or on a permanent care basis). 42.3. Where more than one (1) child is placed with the employee at, or around the same time (e.g. siblings) under separate Permanent Care Orders or enduring parental responsibilities under formal fostering arrangements, the employee will only be entitled to 14 weeks paid leave in respect of all of the children (not 14 weeks paid leave for each child). 42.4. Permanent /Foster care leave is non-gender specific and counts towards any parental leave that is taken in conjunction with the permanent care of a child. 42.5. Permanent care leave, associated with enduring parental responsibilities, may be taken either as a 14 week block or in lesser amounts up to a total of 14 weeks for the purposes of completing necessary legal procedures and settling the child(ren) into the home. 42.6. An employee with less than 12 months continuous service in the APS is eligible for Permanent/ Foster Care leave, but only as leave without pay to count as service. 42.7. Either parent may access up to 52 weeks without pay, interspersed with duty or in a continuous period, which may be taken during the 66 weeks immediately following the fostering of the child for the purpose of foster care. The unpaid leave is not to count as service. 30
Department of Climate Change and Energy Efficiency – Enterprise Agreement 2011-14 42.8. Where an employee takes paid maternity, paid partner’s, paid adoption, or unpaid parental leave in addition to Permanent/Foster care leave with and/or without pay, the aggregate period will not exceed 52 weeks. 42.9. The Secretary will grant 14 weeks paid leave to an employee who, through a valid surrogacy arrangement, will be the primary care giver of a dependent child. The leave is to be taken immediately following the birth of the child. Relevant supporting evidence must be submitted on application for leave. 31
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Enterprise Agreement 2011-14 - Department of Climate Change

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