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Hrqld
28-03-2012, 04:09 PM
What is the interpretation on the access to unpaid leave after 12 months of continuous service. At what point is the 12 months calculated?

Is it:

12 months from up to time of taking the planned maternity leave?
12 months up to the expected birth of child
12 months up to the notice of pregnancy and leave?

For example: I have an employee who has been with the company 4 months and notifies us that she is pregnant and will have reached 12 months continuous service at the time of taking her leave?

Will she be eligible?

Thanks

jennifer.gallagher
29-03-2012, 10:33 AM
Hi HRQld,

In general, I believe the 12 month is calculated at the employee's anniversary. No matter what the situation is (employee pregnant before 12 months service, employee is casual or ongoing), as long as the leave to be taken and birth date is after their 12 months continuous service then they should be eligible. This is based on my interpretation of the fairwork act and based on my experience from working in different employers. Hope this helps.



What is the interpretation on the access to unpaid leave after 12 months of continuous service. At what point is the 12 months calculated?

Is it:

12 months from up to time of taking the planned maternity leave?
12 months up to the expected birth of child
12 months up to the notice of pregnancy and leave?

For example: I have an employee who has been with the company 4 months and notifies us that she is pregnant and will have reached 12 months continuous service at the time of taking her leave?

Will she be eligible?

Thanks

Elaine Li
29-03-2012, 03:57 PM
HI, I also think that it should be : 12 months up to the expected birth of child

HeyPete
23-04-2012, 10:56 AM
Employee is eligible for Parental Leave as long as the employee has been working for the business for at least 12 months prior to taking the 12 months parental leave.

Elaine Li
23-04-2012, 04:55 PM
in Australia, what even the maternity leave or parental leave are all NO pay, right, so company is no need to pay the staff salary during the leave ?

is it common in sydney that company will pay likes 8 weeks of paid leave and then the rest of 12 months no paid..etc

or 8 weeks paid and then the rest 10 months no pay ( max. 12 months )..etc

my staff in sydney just ring me to ask if our company be nice to consider to give 8 weeks paid maternity leave for the female staff,

any one can share your thoughts to me, thanks

HeyPete
23-04-2012, 05:01 PM
You can get a lot of good information (including Live Chat) off the Fair Work Ombudsman website
Parental leave - Leave - Fair Work Ombudsman (http://www.fairwork.gov.au/leave/parental-leave/pages/default.aspx)

including "Best Practices" for Parental Leave. Work & family - Best Practice Guides - Resources - Fair Work Ombudsman (http://www.fairwork.gov.au/resources/best-practice-guides/pages/work-and-family.aspx)

Keep in mind though, Best Practice is rarely common practice.