northern territory public sector nurses and midwives - Office of the ...
northern territory public sector nurses and midwives - Office of the ...
northern territory public sector nurses and midwives - Office of the ...
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53.16 Replacement Employees<br />
(a)<br />
(b)<br />
A replacement Employee is an Employee specifically engaged or temporarily promoted<br />
or transferred, as result <strong>of</strong> ano<strong>the</strong>r Employee taking parental leave.<br />
Before an Employer engages a replacement Employee <strong>the</strong> Employee must inform that<br />
person <strong>of</strong> <strong>the</strong> temporary nature <strong>of</strong> <strong>the</strong> employment <strong>and</strong> <strong>of</strong> <strong>the</strong> return to work rights <strong>of</strong><br />
<strong>the</strong> Employee who is being replaced.<br />
53.17 Effect <strong>of</strong> Parental Leave on Service<br />
(a) A period <strong>of</strong> parental leave does not break an Employee’s continuity <strong>of</strong> service.<br />
(b) Subject to paragraph (d) below, any period <strong>of</strong> paid parental leave, including paid leave<br />
as a result <strong>of</strong> access to accrued entitlements under sub-clause 53.10 will count as<br />
service.<br />
(c) Subject to paragraph (e) below, any period <strong>of</strong> unpaid parental leave will not count as<br />
service.<br />
(d) Where any Employee elects to take paid parental leave at half pay in accordance with<br />
sub-clause 53.9, only <strong>the</strong> first 14 weeks or 18 weeks, whichever is applicable, <strong>of</strong> <strong>the</strong><br />
period <strong>of</strong> paid parental leave will count as service.<br />
(e) With <strong>the</strong> exception <strong>of</strong> any period during which <strong>the</strong> Employee is engaged in outside<br />
employment during normal working hours, <strong>the</strong> first 14 weeks <strong>of</strong> unpaid maternity or<br />
adoption leave, will count as service.<br />
53.18 Superannuation Contributions during Period <strong>of</strong> Parental Leave<br />
(a) This provision is to provide Employer superannuation contributions benefits to female<br />
employees who may take unpaid leave during <strong>the</strong> first six months <strong>of</strong> <strong>the</strong>ir parental<br />
leave.<br />
(b) An Employee who is ei<strong>the</strong>r <strong>the</strong> birth giver or primary carer in <strong>the</strong> case <strong>of</strong> adoption leave,<br />
for <strong>the</strong> first six (6) months <strong>of</strong> parental leave will continue to receive Employer<br />
superannuation contributions, as per relevant superannuation legislation <strong>and</strong><br />
superannuation fund rules, for <strong>the</strong> first six (6) months <strong>of</strong> parental leave.<br />
54. Compassionate Leave<br />
54.1 For <strong>the</strong> purposes <strong>of</strong> this clause:<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
“child” means birth, an adopted, step, exnuptial or adult child;<br />
“de facto spouse” means a person who lives with <strong>the</strong> Employee as husb<strong>and</strong>, wife or<br />
same sex partner on a genuine domestic basis, although not legally married to <strong>the</strong><br />
Employee;<br />
“immediate family” means a spouse, child, parent, gr<strong>and</strong>parent, gr<strong>and</strong>child, or sibling <strong>of</strong><br />
<strong>the</strong> Employee or <strong>of</strong> a spouse <strong>of</strong> an Employee; <strong>and</strong><br />
“spouse” includes a former spouse, de facto spouse <strong>and</strong> former de facto spouse.<br />
54.2 The provisions <strong>of</strong> this clause apply to Employees o<strong>the</strong>r than casual Employees <strong>and</strong> replace all<br />
Schedule <strong>and</strong> By-law provisions relating to Bereavement Leave.<br />
60<br />
NTPS NURSES AND MIDWIVES’ 2011-2014 Enterprise Agreement