Victorian Government Schools Agreement (VGSA) 2008 - Australian ...

practitioner, illness or risksarising out of the pregnancyor hazards connectedwith the work assigned tothe employee make it inadvisablefor the employeeto continue at her presentwork, the employee will,if the Employer deems itpracticable, be temporarilytransferred to a safe job onthe conditions attaching tothat job for such period asis certified necessary by aregistered medical practitioner.(ii) An employee temporarilytransferred to a safejob under subclause (i) isentitled to be paid not lessthan her substantive salaryimmediately prior to thetemporary transfer.(iii) If temporary transfer toa safe job is not practicable,the employee mayelect, or the Employer mayrequire the employee, toabsent herself on leave forsuch period as is certifiednecessary by a registeredmedical practitioner.(k) An employee who is pregnantmay access paid leaveto a maximum of thirty eighthours (five days for a full timeemployee), deducted from herpersonal leave entitlement,to attend routine medicalappointments associated withthat pregnancy, provided thatshe:(i) provides a medical certificatecertifying she ispregnant; and(ii) provides a medical certificatefor each appointment.(l) Notwithstanding subclause (a),where the pregnancy of anemployee terminates or resultsin a stillborn birth after morethan 20 weeks, she will beentitled to an absence of sixmonths following the termination,inclusive of any period ofmaternity leave, or such longerperiod as may be medicallycertified.Maternity leave(18) (a) In this clause “confinement”means the birth of a child, orother termination of pregnancythat occurs not earlierthan twenty weeks before theexpected date of birth of thechild, and confined has a correspondingmeaning.(b) An employee is entitled tomaternity leave with or withoutpay for a continuous period offourteen weeks commencingfrom the date the employeeabsented herself from dutyunder clause (17)(d). Wherethe pregnancy of an employeeterminates more than twentyweeks before the expecteddate of birth, she shall haveno entitlement to leave underthis subclause but may be eligiblefor personal leave underclause (5)(b)(c) 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 (17)(d). Theperiod during which an employeeattends for duty withinthe periods specified by subclauses(17)(d)(i) and (ii) shallnot be included as part of the26 weeks qualifying service.(d) For the purposes of subclause(c) 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.(e) While on maternity leave withpay an employee shall be paidat:(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.(f) An employee who is eligiblefor paid leave under thissubclause and subclause (13)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 (13) duringthe maternity leave period.(g) An employee whose period ofpaid maternity leave expiresduring a school holiday periodshall be entitled to receive herpay for the remainder of thatvacation period provided theemployee returns to duty immediatelyafter the vacation.Leave for Adoption(19) (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 (18).(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) An employee whose period of72 73