implementation guide - Australian Education Union, Victorian Branch

this subclause but may be eligiblefor personal leave undersubclause (8)(b).(b) An employee is eligible forpaid maternity leave if shehas had 26 or more weeksqualifying service within the52 weeks immediately precedingthe date the employeeabsented herself from dutyunder subclause (22)(c). Theperiod during which an employeeattends for duty withinthe periods specified by subclauses(22)(c)(i) and (ii) shallnot be included as part of the26 weeks qualifying service.(c) For the purposes of subclause(b) qualifying service means:(i) any duty as an employeeother than any period ofemployment on a casualbasis;(ii) any leave with pay approvedby the Employer;(iii) any leave without pay approvedby the Employer tocount as qualifying service;(iv) any other service approvedby the Employer to countas qualifying service.(d) While on maternity leave withpay an employee shall bepaid at:(i) the time fraction which shewas working immediatelybefore commencing maternityleave; or(ii) the time fraction immediatelyprior to commencinglong service leave,if the employee ceaseslong service leave on halfpay immediately beforecommencing maternity orfamily leave.(e) An employee who is eligiblefor paid leave under thissubclause and subclause (18)in respect of a maternity leaveabsence shall be entitled tomaternity leave with pay inaccordance with this clauseless the amount paid by wayof weekly compensation underthe Accident CompensationAct 1985 (Vic) and shall haveno further entitlement to leaveunder subclause (18) duringthe maternity leave period.Leave for Adoption(24) (a) An employee who is anapproved applicant for theadoption of a child shall, onsubmitting evidence of thedate of placement of the child,be entitled to paid leave foreight weeks commencing onthe date of placement. Theconditions for granting andpayment of leave under thisclause shall be the same as arespecified in subclause (23).(b) Where no legal adoptionensues, the employee shallhave no further entitlement toadoption leave.(c) Where two employees applyfor adoption leave in respectof the placement of the samechild each employee shall beentitled to leave with pay forfour weeks commencing on thedate of placement of the child.(d) In circumstances not coveredby the above clauses, theEmployer may grant leave toan employee under this clausewhere the employee has thedaily care and control of achild following:(i) the adoption by the employeeof a child who is arelative of the employee;or(ii) the employee becomingthe legal guardian of achild.(e) An employee who is eligiblefor paid leave under thissubclause and subclause (18)in respect of an adoptionleave absence shall be entitledto adoption leave with pay inaccordance with this clauseless the amount paid by wayof weekly compensation underthe Accident CompensationAct 1985 (Vic) and shall haveno further entitlement to leaveunder subclause (18) duringthe maternity leave period.(f) If an employee, other than acasual employee, is grantedcustody of a child under theChildren, Youth and FamiliesAct 2005 (Vic) by the Children’sCourt or the FamilyCourt, and the Employee is theprimary care giver of the child,the Employee shall be entitledto two weeks paid leave at atime agreed with the Employer.Partner leave(25) (a) An employee who submitssatisfactory evidence that heor she has accepted responsibilityfor the care of a child(or children in respect of amultiple birth) shall be grantedleave with pay, at the rate theemployee would have receivedbut for the absence on partnerleave, for up to 38 hours (fivedays in respect of a full timeemployee), to care for suchchild (or children in respect ofa multiple birth) and/or motherof the child.(b) Partner leave must be takenin the period commencingone week before the expecteddate of birth of the child (orchildren in respect of a multiplebirth) and concluding sixweeks after the actual date ofconfinement.(c) An employee who is eligiblefor paid leave under thissubclause and subclause (18)in respect of a partner leaveabsence shall be entitled topartner leave with pay in accordancewith this clause lessthe amount paid by way ofweekly compensation underthe Accident CompensationAct 1985 (Vic) and shall haveno further entitlement to leaveunder subclause (18) duringthe partner leave period.(d) An employee is not eligible forpaid leave under this clause ifthat employee is also eligiblefor leave under subclause (23)or (24) in respect of the samechild (or children in respect ofa multiple birth).Long service leave(26) (a) An employee is entitled tolong service leave in accordancewith the provisions of64 65