16.7. PATERNITY LEAVE

16.7.1 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.

16.7.2 Nature of Leave

Paternity leave is unpaid leave.

16.7.3 Eligibility

(a) A member, upon production to the Controlling Authority of the certificate required by paragraph 16.7.4 - Certification, shall be entitled to up to two periods of paternity leave, the total of which shall not exceed 52 weeks, in the following circumstances:

(i) an unbroken period of up to one week at the time of confinement of the member's spouse; and

(ii) a further unbroken period of up to 51 weeks in order to be the primary care-giver of a child provided that such leave shall not extend beyond the child's first birthday. This entitlement shall be reduced by any period of maternity leave taken by the member's spouse and shall not be taken concurrently with that maternity leave.

(b) The member must have had at least 12 months' continuous service with the Tasmania Police Service before becoming eligible for either period of leave.

16.7.4 Certification

(a) At the time specified in paragraph 16.7.5 the member must produce to the Controlling Authority a certificate from a registered medical practitioner which names the member's spouse, states that she is pregnant and the expected date of confinement or states the date of which the birth took place;

(b) in relation to any period to be taken under paragraph 16.7.3 hereof, a statutory declaration stating:

(i) he will take that period of paternity leave to become the primary care-giver of the child;

(ii) particulars of any period of maternity leave sought or taken by his spouse; and

(iii) for the period of paternity leave he will not engage in any conduct inconsistent with his appointment.

16.7.5 Notice Requirements

(a) A member shall, not less than 10 weeks prior to each proposed period of leave, provide the Controlling Authority notice in writing stating the dates on which he proposes to start and finish the period or periods of leave and produce the certificate and statutory declaration required in paragraph 16.7.4 hereof.

(b) The member shall not be in breach of this clause as a consequence of failure to give the notice required in subparagraph 16.7.4(a) hereof if such failure is due to:

(i) the birth occurring earlier than the expected date; or

(ii) the death of the mother or the child; or

(iii) other compelling circumstances.

(c) The member shall immediately notify the Controlling Authority of any change in the information provided pursuant to paragraph 16.7.4 hereof.

16.7.6 Variation of Period of Paternity Leave

(a) Provided the maximum period of paternity leave does not exceed the period to which the member is entitled under paragraph 16.7.3 hereof:

(i) the period of paternity leave provided by sub-subparagraph 16.7.3(a)(ii) may be lengthened once only by the member giving not less than 14 days' notice in writing stating the period by which the leave is to be lengthened;

(ii) the period may be further lengthened by agreement between the Controlling Authority and the member.

(b) The period of paternity leave taken under sub-subparagraph 16.7.3(a)(ii) hereof may, with the consent of the Controlling Authority, be shortened by the member giving not less than 14 days' notice in writing stating the period by which the leave is to be shortened.

16.7.7 Cancellation of Paternity Leave

Paternity leave, applied for under sub-subparagraph 16.7.3(a)(ii) hereof but not commenced, shall be cancelled when the pregnancy of the member's spouse terminates other than by the birth of a living child.

16.7.8 Entitlements

(a) Provided the aggregate of any leave, including leave taken under this part, does not exceed the period to which the member is entitled under paragraph 16.7.3 hereof, a member may, in lieu of or in conjunction with paternity leave, take any annual leave or long service leave or any part thereof to which he is entitled.

(b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave) shall not be available to a member during his absence on paternity leave.

16.7.9 Effect on Service

Subject to this part, notwithstanding any award or other provision to the contrary, absence on paternity leave shall not break the continuity of service of a member but shall not be taken into account in calculating the period of service for any purpose of any relevant award or agreement.

16.7.10 Termination of Service

(a) A member on paternity leave may terminate his 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 his absence on paternity leave, but otherwise the rights of the Controlling Authority in relation to termination of service are not hereby affected.

16.7.11 Return to Work after Paternity Leave

(a) A member shall confirm his intention of returning to work by notice in writing to the Controlling Authority given not less than four weeks prior to the expiration of the period of paternity leave provided by sub-subparagraph 16.7.3)(a)(ii) hereof.

(b) A member, upon returning to work after paternity leave or the expiration of the notice required by subparagraph 16.7.5(a) hereof, shall be entitled to the position which he held immediately before proceeding on paternity leave, or in relation to a member who has worked part-time under this clause to the position he held immediately before commencing such part-time work.

(c) Where such position no longer exists but there are other positions available which the member is qualified for and is capable of performing, he shall be entitled to a position as nearly comparable in status and pay to that of his former position.