Returning to Duty after Parental Leave
Notice of return to duty
An employee on parental leave (inclusive of any recreation leave, sick leave or long service leave), must give the Department four weeks written notice of their intention to return to duty.
Return to former position
An employee returning to normal duties after a period of parental leave or one period of part-time employment up to when the child is required to be enrolled for compulsory schooling under the Education (General Provisions) Act 2006 is to be deployed in the position held by the employee immediately before starting parental leave (Family Leave Award – State 2004).
A female employee who returns to work after special maternity leave or sick leave (see ‘Special Maternity Leave’) is entitled to be employed in the position held by the employee immediately before starting parental leave. If an employee was transferred to a safe job before starting maternity leave, the employee is entitled to be employed in the position held by the employee immediately before the transfer (see ‘Transfer to Safe Duties’).
If the employee worked part-time because of the pregnancy before starting maternity leave, the employee is entitled to be employed in the position held by the employee immediately before starting part-time work.
If a long term casual employee’s hours were reduced because of the pregnancy before starting maternity leave, the Department must restore the employee’s hours to hours equivalent to those worked immediately before the hours were reduced.
Return to position of equal status and remuneration in different location
An employee returning to work may be deployed in a different office or location at the same centre and at the same level as the employee's former position, if:
· the employee has taken a period of parental leave of more than 52 weeks; or
· the former position of the employee no longer exists; or
· the employee has worked more than one period of part-time work in relation to the same child, or
· the employee has continued to work part-time after the child reaches the age of 6 years and 6 months and is required to be enrolled in a year of schooling or after an adopted child reaches the age of 6 years and 6 months and is required to be enrolled in a year of schooling.
The position should be comparable in status and remuneration to that of the employee’s former position.
The Department must make a position to which an employee is entitled available to the employee.
Where an employee is not able to return to their former position, or the position will be filled while the employee is on parental leave, the Department should inform the employee either before or during parental leave, and discuss alternative arrangements for the employee’s return to work. It is important to consider that there should not be any change in status or level of responsibility attached to the position. (See ‘Principals/Managers/Directors responsibilities’ regarding advice about changes at work)
Part-Time Work
Part-time work prior to the birth
A female employee who is pregnant may work part-time in one or more periods during the term of her pregnancy until 6 weeks before the expected date of birth of her child. The 6 week period may be reduced at the request of the employee provided she supplies a supporting certificate from a medical practitioner (see ‘Minimum Period of Maternity Leave’).
Part-time work after parental leave
An employee on parental leave (including maternity, spousal and adoption leave) may request to return to work after parental leave on a part-time basis. The period of part-time work may begin from the seventh week after the child’s birth (for the female employee who gave birth), from the day of the child’s birth (for the spouse), from the day of the child’s placement (for an employee who adopted a child) or from the day the child began residing with the employee (under a surrogacy arrangement).
The 6 week period after the birth during which the employee should remain on parental leave may be reduced at the request of the employee for the purposes of returning to work part-time prior to the seventh week, provided she supplies a supporting certificate from a medical practitioner.
The period in relation to which an application for part-time work may be made cannot extend beyond the day the child in relation to whom parental leave was taken is required to be enrolled for compulsory schooling under the Education (General Provisions) Act 2006 (Qld) (that is, 6 years and 6 months of age).
Part-time work agreement
Before an employee begins part-time work before or after the birth, the employee and the Director-General (or delegate) must agree on the following matters (Family Leave Award):
· that the employee may work part-time;
· the hours to be worked by the employee including the days on which the employee is to work and the commencing times of work;
· the nature of the duties to be performed;
· the level of remuneration applying to the duties; and
· the period the employee is to work part-time.
The employee and the delegate must record the terms of their agreement in writing signed by both parties. The agreement is to be retained by the delegate and a copy is to be given to the employee.
The work to be performed by the employee need not be the work performed by the employee in their usual position.
The arrangements for part-time work may be varied by agreement between the employee and their Manager.
Other part-time arrangements in legislation, awards or agreements
These part-time work provisions should be read in conjunction with other part-time work arrangements made under legislation and any provisions dealing with part-time employment in an Award or Industrial Agreement relevant to employees of the department.
A provision in an Award or Industrial Agreement relating to:
· the limiting of the number of employees who may work part-time; or
· the establishment of quotas relating to the ratio of part-time to full-time employee; or
· the prescribing of minimum or maximum hours a part-time employee may work; or
· a requirement in relation to part time employment e.g. union consultation
does not apply to part-time employment under these parental leave arrangements.
If there is an inconsistency between a provision under the Family Leave Award and a provision under another Award or certified agreement, the provision of the Family Leave Award prevails to the extent of the inconsistency.
Please note that a return to work in a reduced fraction may impact the rate at which leave entitlements accrue. For more information please contact Human Resources.
Uncontrolled copy. Refer to the Department of Education, Training and Employment
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