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1 general conditions of employment - Department of Education and ...

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4 LEAVE4.2.6 GENERAL CONDITIONSThe provisions below apply to adoption, maternity <strong>and</strong> parental leave, except as otherwiseprovided.4.2.6.1 <strong>Department</strong>’s responsibilitiesa) On becoming aware that a staff member or the staff member’s spouse orpartner is pregnant, or that a staff member is adopting a child, the staffmember’s principal is to refer the staff member to Employee ServicesBathurst for advice on possible entitlements <strong>and</strong> obligations under theseprocedures (including the return to work provisions in Section 4.2.6.8).b) DiscriminationNo staff member can be terminated because:• the staff member or the staff member’s spouse or partner is pregnantor has given birth to a child; or• the staff member or the staff member’s spouse or partner has appliedto adopt a child or has adopted a child; or• the staff member has applied for, or is absent, on adoption leave,maternity leave or parental leave.c) Communication while on leaveWhere a staff member is on adoption, maternity or parental leave <strong>and</strong> adefinite decision has been made to introduce significant change at theworkplace (for example a workplace restructure), the <strong>Department</strong> shall takereasonable steps to:• make information available in relation to any significant effect thechange will have on the status or responsibility level <strong>of</strong> the positionthe staff member held before commencing leave; <strong>and</strong>• provide an opportunity for the staff member to discuss any significanteffect the change will have on the status or responsibility level <strong>of</strong> theposition the staff member held before commencing leave.Generally, communication will be facilitated by school principals.4.2.6.2 Staff member’s responsibilitiesa) Application for leaveAt least one month prior to the proposed first day <strong>of</strong> leave, a staff memberwho is intending to take adoption, maternity or parental leave must submit tothe principal or their nominee:i) an application via the <strong>Department</strong>’s electronic leave applicationsystem (e-laps) or by submission <strong>of</strong> a paper based application forleave which states the first <strong>and</strong> last date <strong>of</strong> leave;H<strong>and</strong>book for non teaching staff in schools 2007 Page 4 - 12

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