1. Purpose

1.1 This policy provides guidance to staff and managers on accessing and managing parental leave entitlements and obligations in accordance with the Fair Work Act 2009 (Cth), the current Enterprise Agreement, and relevant contract of employment.

1.2 This policy must be read in conjunction with the linked Parental Leave – Procedures.

2. Scope and application

2.1 This policy applies to all staff employed by the University.

2.2 Practical resources to manage parental leave are available in the Supporting Parents Toolkit.

3. Definitions

3.1 Refer to the University’s Glossary of Terms for definitions as they specifically relate to policy documents.

4. Policy statement

4.1 The University supports the provision of family friendly work/life balance to its staff and that the provision of paid and unpaid parental leave is a necessity to achieve equality in the workplace and for staff to reconcile their work and family responsibilities. This approach is implemented in accordance with the principles of equal opportunity and the University does not refuse employment or disadvantage a staff member on the grounds of pregnancy, possible pregnancy, a request or possible request for parental leave, or parental status.

5. Policy

5.1. Eligibility for parental leave

5.1.1 Ongoing or fixed-term staff are eligible for parental leave when they have completed 12 months continuous service, and can apply for paid parental leave, unpaid parental leave, unpaid special parental leave or a combination of these.

5.1.2 Casual staff are only eligible for unpaid parental leave and unpaid special parental leave, provided that they have been employed on a regular and systematic basis during at least 12 months, and the casual staff member would have a reasonable expectation of continuing periods of casual employment by the University on a regular and systematic basis (had it not been for the birth, adoption, or long-term placement of a child).

5.1.3 Staff members who are not eligible for parental leave are encouraged to consider of the possibility of applying for another type of leave in accordance with the Leave – Guidelines, and contact People and Culture for support and guidance.

5.2 Types of parental leave

5.2.1 Parental leave is available to eligible staff when they become a significant or primary carer for a new child, or the primary carer for a child.

5.2.2 Table 1: Types of paid parental leave and Table 2: Types of unpaid parental leave detail the various types of paid and unpaid parental leave available to eligible staff members.

Table 1: Types of paid parental leave – for ongoing and fixed-term eligible staff members

Table 2: Types of unpaid parental leave – for ongoing, fixed-term and casual eligible staff members

5.3 Duration of parental leave

5.3.1 Eligible staff can apply for paid parental leave, unpaid parental leave, unpaid special parental leave, or a combination of these, to a maximum of a 12-month period, or to a maximum of 24 months when an extension of a further 12-month period of unpaid parental leave is requested and granted.

5.3.2 Eligible fractional staff are entitled to the same period of parental leave. However, approved paid parental leave is paid on a proportionate basis.

5.3.3 When two eligible staff members share the primary and significant care of a child:

(a) paid parental leave taken by one parent as the primary carer of the child is reduced by any amount of paid parental leave taken by the other parent as the primary carer of the same child; and

(b) each parent can request to take up to 12 months unpaid parental leave (or 24 months when an extension of a further 12 months unpaid parental leave is requested and granted).

5.3.4 Paid parental leave, whether parental leave, partner leave, or adoption leave, must occur within 12 months of the date of the birth, adoption or long-term placement of a child. Unpaid parental leave must occur within 24 months of the date of the birth, adoption or long-term placement of a child.

5.3.5 Eligible staff members can take up to 130 days of unpaid parental leave period flexibly during a 24‑month period from the date of birth, adoption or long-term placement of a child, either as a single continuous period or sperate periods of one or more days each. The amount of unpaid parental leave that can be taken flexibly depends on when the child is born, placed or adopted:

1. before 1 July 2024: up to 100 days;
2. between 1 July 2024 and 30 June 2025: up to 110 days;
3. between 1 July 2025 and 30 June 2026: up to 120 days; and
4. on or after 1 July 2026 – up to 130 days.

5.3.6 Flexible unpaid parental leave comes out of the staff member’s entitlement to unpaid parental leave. Pregnant eligible staff members can request to take flexible unpaid parental leave from up to 6 weeks before the expected date of birth. However, where a staff member is taking both paid and unpaid parental leave, flexible unpaid parental leave commences after paid parental leave has been exhausted, in accordance with the Parental Leave - Procedures.

5.4 Effect of parental leave

5.4.1 Parental leave is available for each pregnancy, adoption or long-term placement and there is no restriction on the number of times an eligible staff member can take such leave. However, to be eligible for a second or subsequent period of paid parental leave as the primary carer of a child, a staff member must serve a 12-month qualifying period from their return to work from their previous paid parental leave as a primary carer.

5.4.1.1 When an eligible staff member applies for paid parental leave as a primary carer for a subsequent new child whilst already on paid parental leave without returning to work between periods of paid parental leave, the new paid parental leave period supersedes the initial period of leave granted and is not in addition to that leave.

5.4.2 A period of paid parental leave counts as continuous service for all purposes, including incremental increases and long service leave.

5.4.3 The University continues to make employer compulsory superannuation contributions for staff during a period of paid parental leave.

5.4.4 A period of unpaid parental leave counts as continuous service for all purposes other than for the accrual of recreation leave entitlements and employer compulsory superannuation contributions.

5.4.5 During a period of unpaid parental leave, a staff member can take some types of accrued paid leave at the same time. Staff members are unable to use the below leave types during a period of unpaid parental leave:

(a) paid sick leave;

(b) paid carer’s leave;

(c) paid compassionate leave (unless compassionate leave relates to the child for whom unpaid parental leave was taken); and

(d) paid leave for eligible community service activities engaged during unpaid parental leave.

5.4.6 A fixed term appointment is not extended to accommodate a period of parental leave. Paid parental leave is not paid beyond the end date of a fixed-term appointment.

5.4.7 The Cost Centre Manager and the staff member can, by mutual agreement, suspend a probationary period when a period of parental leave occurs during the probationary period in accordance with the Probation for Professional Staff – Procedures and the Probation for Academic Staff - Procedures.

5.4.8 A staff member on parental leave or who has applied to take parental leave can apply for appointment to a vacant position, promotion and staff development opportunities including professional development programs, and cannot be denied appointment or access solely on the basis of being on parental leave.

5.5 Return to work

5.5.1 Paid parental leave is granted on the understanding that the staff member intends to return to work at the end of the leave period for a minimum period equivalent to the period of leave.

5.5.2 Non-casual staff returning from parental leave are expected to return to the position occupied immediately prior to commencement of leave. When this is not possible, the staff member is offered another comparable position with no loss of salary, tenure, or classification. Negotiations on an alternative position occur between the staff member, supervisor, and Cost Centre Manager.

5.5.3 Casual staff engaged for casual work after returning from unpaid parental leave are expected to return to the casual position occupied immediately prior to commencement of unpaid parental leave or, if that position no longer exists, to an available casual position for which a casual staff member is qualified and suited nearest in status and pay to the pre‑parental leave position.

5.5.4 Non-casual staff can request to return to work on a fractional basis to care for a child who is of school age. Approval depends on the requirements of the work area and the University, and the mutual agreement of the Cost Centre Manager, supervisor, and staff member.

5.5.5. In addition, the University can consider a staff member’s request for flexible working arrangements made in accordance with the Fair Work Act 2009 (Cth).

5.5.6 Staff can take a lactation break as required upon returning from parental leave. Suitable parenting facilities are available for use by staff at each campus.

5.6 Parental leave for stillbirth, premature birth or infant death

5.6.1 When paid parental leave has commenced, or has been approved but not yet commenced, and the pregnancy of the staff member terminates other than by the birth of a living child after the 20th week of pregnancy, or upon the death of the child during the period of paid parental leave, the staff member is entitled to the full period of approved paid parental leave and can apply for unpaid parental leave.

5.6.2 Eligible staff members who experience a stillbirth or the death of an infant during the first 24 months of life can apply for unpaid parental leave.

5.6.3 Eligible staff members who are pregnant and experience the unplanned cessation of pregnancy at least 12 weeks of gestation (other than by the birth of a living or stillborn child) can apply for unpaid special parental leave.

5.6.4 All staff members can access compassionate leave if a baby in their immediate family or household is stillborn or there is a miscarriage.

5.6.5 Eligible staff members who are on parental leave can reduce or cancel a period of parental leave when they experience a stillbirth, premature birth or death of a child.

6. Support

6.1 The University acknowledges that some circumstances around parental leave can be challenging and traumatic for staff members and their family. University staff and their immediate family and household members are encouraged to access the University’s Employee Assistance Program (login required) for free and completely confidential counselling services, as well as a range of other support services.

7. Authorities and responsibilities

7.1 As the Approval Authority, the Vice-Chancellor and President approves this policy in accordance with the University of the Sunshine Coast Act 1998 (Qld).

7.2 As the Responsible Executive Member the Chief Operating Officer can approve procedures and guidelines to operationalise this policy. All procedures and guidelines must be compatible with the provisions of this policy.

7.3 As the Designated Officer the Director, People and Culture can approve associated documents to support the application of this policy. All associated documents must be compatible with the provisions of the policy.

7.4 This policy operates from the last amended date, with all previous iterations of policies on parental leave are replaced and no longer operating from this date.

7.5 All records relating to parental leave must be stored and managed in accordance with the Records Management - Procedures.

7.6 This policy must be maintained in accordance with the University Policy Documents – Procedures and reviewed on standard 5-year policy review cycle.

7.7 Any exception to this policy to enable a more appropriate result must be approved in accordance with the University Policy Documents – Procedures prior to deviation from this policy.

7.8 Refer to Schedule C of the Delegations Manual in relation to the approved delegations detailed within this policy.

7.9 The following authorities/responsibilities are delegated under this policy:

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