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Police Award
16.6 MATERNITY LEAVE
16.6.1 Definitions
For the purpose of this clause the following definition is relevant:
'Child' means a child of the member or the member's spouse under the age of one year.
16.6.2 Application
(a) Maternity leave applies to female members covered by this award.
(b) A female member is entitled to a maximum of 52 weeks' leave of absence (including the period of paid maternity leave and public holidays) for each confinement providing that the period of leave does not extend the term of appointment of the member.
16.6.3 Entitlement to Paid Maternity Leave
(a) An eligible female member will be entitled to up to 12 weeks' paid maternity leave.
(b) The rate of pay for the period, as prescribed in subparagraph 16.6.3(a), of paid leave will be calculated as for sick leave on full pay at the rate payable for that member immediately prior to proceeding on paid maternity leave.
(c) To be eligible to receive paid maternity leave, a female member must have had 12 months' continuous service at the time of commencing maternity leave.
(d) To be eligible for paid maternity leave the member must be entitled, as a condition of her appointment, to paid sick leave.
(e) Where a female member on maternity leave applies for recreation leave or long service leave at any time after the expiration of the leave taken under this clause, and is eligible for that leave, the application will be granted.
(f) A female member who is pregnant is required to be absent from duty six weeks before the expected date of confinement until six weeks after the actual date of birth of the child, unless the member provides a registered medical practitioners certificate declaring that the member is fit to either continue or return to duty and is authorised by the Controlling Authority.
(g) In cases where a female member is confined earlier than six weeks before the expected date of birth the required absence commences on the date of birth and continues for six weeks with the 52 week period of maternity leave absence commencing from the date of confinement.
(h) Periods of paid maternity leave will count as service for all purposes. Periods of unpaid maternity leave will be regarded as leave without pay and will not count as service for any purpose but does not break the member's continuity of service.
(i) A female member will not be entitled to paid sick leave either in the paid or unpaid period of maternity leave except when taken in accordance with paragraph 16.6.10 - Special Maternity Leave and Sick Leave, and other than during a period of annual leave or long service leave.
16.6.4 Confinement
(a) For the purpose of the clause confinement is defined in relation to a female member who has become pregnant, as the birth of a child, or other termination of the pregnancy, that occurs not earlier than 20 weeks before the expected date of birth of the child.
(b) A female member may apply to the Controlling Authority to alter the dates and/or the duration of an absence at any time provided the conditions in subparagraphs 16.6.6(a) and 16.6.8(a) are observed and the maximum of 52 weeks is not exceeded.
16.6.5 Certificate
(a) At the time specified in subparagraph 16.6.6(a) the female member must produce to the Controlling Authority:
(i) a certificate from a registered medical practitioner stating that she is pregnant and the expected date of confinement; and
(ii) a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse during the period of proposed paternity leave.
16.6.6 Notice Requirements
(a) A female member shall, not less that 10 weeks prior to the presumed date of confinement, produce to the Controlling Authority the certificate referred to in subparagraph 16.6.5(a) hereof.
(b) A female member shall give no less than four weeks' notice in writing to the Controlling Authority of the date upon which she proposes to commence maternity leave stating the period of leave to be taken and shall, at the same time, produce to the Controlling Authority a statutory declaration stating particulars of any period of parental leave sought under subparagraphs 16.6.6(a) and 16.6.8(a).
16.6.7 Transfer to a Safe Job
(a) Where, in the opinion of a registered medical practitioner, illness or risks arise out of the pregnancy or hazards connected with the work assigned to the member make it inadvisable for the member to continue at her present work, the member shall, if the Controlling Authority deems it practicable, be placed in a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.
(b) If the transfer to a safe job is not practicable, the member may, or the Controlling Authority may require the member to, take leave for such period as is certified necessary by a registered medical practitioner. Such leave shall be treated as maternity leave as prescribed by this clause.
16.6.8 Return to Work after Maternity Leave
(a) A female member shall confirm her intention of returning to work by notice in writing to the Controlling Authority giving not less than four weeks prior notice to the expiration of her period of maternity leave.
(b) A member, upon returning to work after maternity leave or the expiration of the notice required by subparagraph (a) hereof, shall be entitled to the position which she held immediately before proceeding on maternity leave or, in the case of a member who was placed in a safe job pursuant to paragraph 16.6.7 hereof, to the position which she held immediately before such placement or in relation to a member who has worked part-time during and as a result of the pregnancy the position she held immediately before commencing such part-time work.
(c) Where such position no longer exists but there are other positions available for which the member is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and pay to that of her former position.
16.6.9 Cancellation of Maternity Leave
(a) Maternity leave, applied for but not commenced, shall be cancelled when the pregnancy of a member terminates other than by the birth of a living child.
(b) Where the pregnancy of a member then on maternity leave terminates other than by the birth of a living child, it shall be the right of the member to resume work at a time nominated by the Controlling Authority which shall not exceed four weeks from the date of notice in writing by the member to the Controlling Authority that she desires to resume work.
16.6.10 Special Maternity Leave and Sick Leave
(a) Where the pregnancy of a member not yet on maternity leave terminates at or after 22 weekd other than by the birth of a living child, or where the stillborn child weighs more than 500 grams; then:
(i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a registered medical practitioner certifies as necessary before her return to work; or
(ii) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a registered medical practitioner certifies as necessary before her return to work.
(b) A member returning to work after the completion of a period of leave taken pursuant to this clause shall be entitled to the position which she held immediately before proceeding on such leave or, in the case of a member who was placed in a safe job pursuant to paragraph 16.6.7 hereof, to the position she held immediately before such transfer.
(c) Where such position no longer exists but there are other positions available, which the member is qualified for and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and pay to that of her former position.
(d) Where a member not then on maternity leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a registered medical practitioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed the period to which the member is entitled under subparagraph 16.6.2(b) hereof.
(e) For the purposes of this clause hereof, maternity leave shall include special maternity leave.
16.6.11 Termination of Service
(a) A member on maternity leave may terminate her service at any time during the period of leave by notice given in accordance with this award.
(b) The Controlling Authority shall not terminate the service of a member on the ground of her pregnancy or of her absence on maternity leave, but otherwise the rights of a Controlling Authority in relation to termination of service are not hereby affected.
16.6.1 Definitions
For the purpose of this clause the following definition is relevant:
'Child' means a child of the member or the member's spouse under the age of one year.
16.6.2 Application
(a) Maternity leave applies to female members covered by this award.
(b) A female member is entitled to a maximum of 52 weeks' leave of absence (including the period of paid maternity leave and public holidays) for each confinement providing that the period of leave does not extend the term of appointment of the member.
16.6.3 Entitlement to Paid Maternity Leave
(a) An eligible female member will be entitled to up to 12 weeks' paid maternity leave.
(b) The rate of pay for the period, as prescribed in subparagraph 16.6.3(a), of paid leave will be calculated as for sick leave on full pay at the rate payable for that member immediately prior to proceeding on paid maternity leave.
(c) To be eligible to receive paid maternity leave, a female member must have had 12 months' continuous service at the time of commencing maternity leave.
(d) To be eligible for paid maternity leave the member must be entitled, as a condition of her appointment, to paid sick leave.
(e) Where a female member on maternity leave applies for recreation leave or long service leave at any time after the expiration of the leave taken under this clause, and is eligible for that leave, the application will be granted.
(f) A female member who is pregnant is required to be absent from duty six weeks before the expected date of confinement until six weeks after the actual date of birth of the child, unless the member provides a registered medical practitioners certificate declaring that the member is fit to either continue or return to duty and is authorised by the Controlling Authority.
(g) In cases where a female member is confined earlier than six weeks before the expected date of birth the required absence commences on the date of birth and continues for six weeks with the 52 week period of maternity leave absence commencing from the date of confinement.
(h) Periods of paid maternity leave will count as service for all purposes. Periods of unpaid maternity leave will be regarded as leave without pay and will not count as service for any purpose but does not break the member's continuity of service.
(i) A female member will not be entitled to paid sick leave either in the paid or unpaid period of maternity leave except when taken in accordance with paragraph 16.6.10 - Special Maternity Leave and Sick Leave, and other than during a period of annual leave or long service leave.
16.6.4 Confinement
(a) For the purpose of the clause confinement is defined in relation to a female member who has become pregnant, as the birth of a child, or other termination of the pregnancy, that occurs not earlier than 20 weeks before the expected date of birth of the child.
(b) A female member may apply to the Controlling Authority to alter the dates and/or the duration of an absence at any time provided the conditions in subparagraphs 16.6.6(a) and 16.6.8(a) are observed and the maximum of 52 weeks is not exceeded.
16.6.5 Certificate
(a) At the time specified in subparagraph 16.6.6(a) the female member must produce to the Controlling Authority:
(i) a certificate from a registered medical practitioner stating that she is pregnant and the expected date of confinement; and
(ii) a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse during the period of proposed paternity leave.
16.6.6 Notice Requirements
(a) A female member shall, not less that 10 weeks prior to the presumed date of confinement, produce to the Controlling Authority the certificate referred to in subparagraph 16.6.5(a) hereof.
(b) A female member shall give no less than four weeks' notice in writing to the Controlling Authority of the date upon which she proposes to commence maternity leave stating the period of leave to be taken and shall, at the same time, produce to the Controlling Authority a statutory declaration stating particulars of any period of parental leave sought under subparagraphs 16.6.6(a) and 16.6.8(a).
16.6.7 Transfer to a Safe Job
(a) Where, in the opinion of a registered medical practitioner, illness or risks arise out of the pregnancy or hazards connected with the work assigned to the member make it inadvisable for the member to continue at her present work, the member shall, if the Controlling Authority deems it practicable, be placed in a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.
(b) If the transfer to a safe job is not practicable, the member may, or the Controlling Authority may require the member to, take leave for such period as is certified necessary by a registered medical practitioner. Such leave shall be treated as maternity leave as prescribed by this clause.
16.6.8 Return to Work after Maternity Leave
(a) A female member shall confirm her intention of returning to work by notice in writing to the Controlling Authority giving not less than four weeks prior notice to the expiration of her period of maternity leave.
(b) A member, upon returning to work after maternity leave or the expiration of the notice required by subparagraph (a) hereof, shall be entitled to the position which she held immediately before proceeding on maternity leave or, in the case of a member who was placed in a safe job pursuant to paragraph 16.6.7 hereof, to the position which she held immediately before such placement or in relation to a member who has worked part-time during and as a result of the pregnancy the position she held immediately before commencing such part-time work.
(c) Where such position no longer exists but there are other positions available for which the member is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and pay to that of her former position.
16.6.9 Cancellation of Maternity Leave
(a) Maternity leave, applied for but not commenced, shall be cancelled when the pregnancy of a member terminates other than by the birth of a living child.
(b) Where the pregnancy of a member then on maternity leave terminates other than by the birth of a living child, it shall be the right of the member to resume work at a time nominated by the Controlling Authority which shall not exceed four weeks from the date of notice in writing by the member to the Controlling Authority that she desires to resume work.
16.6.10 Special Maternity Leave and Sick Leave
(a) Where the pregnancy of a member not yet on maternity leave terminates at or after 22 weekd other than by the birth of a living child, or where the stillborn child weighs more than 500 grams; then:
(i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a registered medical practitioner certifies as necessary before her return to work; or
(ii) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a registered medical practitioner certifies as necessary before her return to work.
(b) A member returning to work after the completion of a period of leave taken pursuant to this clause shall be entitled to the position which she held immediately before proceeding on such leave or, in the case of a member who was placed in a safe job pursuant to paragraph 16.6.7 hereof, to the position she held immediately before such transfer.
(c) Where such position no longer exists but there are other positions available, which the member is qualified for and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and pay to that of her former position.
(d) Where a member not then on maternity leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a registered medical practitioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed the period to which the member is entitled under subparagraph 16.6.2(b) hereof.
(e) For the purposes of this clause hereof, maternity leave shall include special maternity leave.
16.6.11 Termination of Service
(a) A member on maternity leave may terminate her service at any time during the period of leave by notice given in accordance with this award.
(b) The Controlling Authority shall not terminate the service of a member on the ground of her pregnancy or of her absence on maternity leave, but otherwise the rights of a Controlling Authority in relation to termination of service are not hereby affected.