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Police Award
16.8. ADOPTION LEAVE
16.8.1 Definitions
For the purpose of this clause the following definitions are relevant:
'Child' means a person under the age of five years who is placed with the member for the purposes of adoption, other than a child or stepchild of the member or of the spouse of the member or a child who has previously lived continuously with the member for a period of six months or more.
'Relative adoption' occurs where a child is adopted by a grandparent, brother, sister, aunt or uncle (whether of the whole blood or half blood or by marriage).
16.8.2 Entitlement to Paid Adoption Leave
(a) A member is entitled to a paid leave of absence for the purpose of adopting a child provided the following requirements are met:
i) the member must have had 12 months continuous service at the time of commencing adoption leave;
ii) the member must be eligible as a condition of their appointment to be paid sick leave; and
iii) the child to be adopted cannot be a child of a relative of the member.
(b) Adoption leave with pay shall be granted for a period not exceeding 12 weeks.
(c) The rate of pay for the period, as prescribed in 16.8.2 (b) above, will be calculated as for sick leave on full pay at the rate payable for that member immediately prior to proceeding on paid adoption leave.
(d) The controlling Authority may grant adoption leave with pay in cases where a child is over 5 years of age and special circumstance exist.
(e) A member taking paid adoption leave is also entitled to a period of adoption leave without pay, providing the total leave taken does not exceed 52 weeks. The paid component of adoption leave may be taken any time within this 52 week period.
(f) The total leave taken shall not extend beyond one year after the placement of the child and shall not be taken concurrently with adoption leave taken by the member's spouse in relation to the same child.
(g) The entitlement of up to 52 weeks shall be reduced by the aggregate of any periods of adoption leave taken or to taken by the member's spouse.
(h) The date of effect for clause 16.8.2 (a) to (g) is 1 February 2004.
16.8.3 Entitlement to Adoption Leave Without Pay
(a) A member shall be entitled to leave of absence without pay for the purposes of adopting a child or for a relative adoption providing the member has had 12 months continuous service at the time of commencing adoption leave.
(b) Adoption leave without pay shall be granted in one or two periods, the total of which shall not exceed 52 weeks in the following circumstances:
(i) an unbroken period of up to three weeks at the time of the placement of the child; and
(ii) an unbroken period of up to 52 weeks from the time of the child's placement in order to be the primary care-giver of the child. This leave shall not extend beyond one year after the placement of the child and shall not be taken concurrently with adoption leave taken by the member's spouse in relation to the same child.
(c) The entitlement of up to 52 weeks shall be reduced by the aggregate of any periods of adoption leave taken or to taken by the member's spouse.
16.8.4 Certification
(a) Before taking paid or unpaid adoption leave the member must produce to the Controlling Authority:
(i) a statement from an adoption agency or other appropriate body of the presumed date of placement of the child with the member for adoption purposes; or
(ii) a statement from the appropriate government authority confirming that the member is to have custody of the child pending application for an adoption order.
(b) In relation to any period to be taken under sub-subparagraph 16.8.2 or 16.8.3 hereof, a statutory declaration stating:
(i) the member is seeking adoption leave to become the primary care-giver of the child; and
(ii) particulars of any period of adoption leave sought or taken by the member's spouse
16.8.5 Notice Requirements
(a) Upon receiving notice of approval for adoption purposes, a member shall notify the Controlling Authority of such approval and within two months of such approval, shall further notify the Controlling Authority of the period or periods of adoption leave the member proposes to take. In the case of a relative adoption the member shall notify as aforesaid upon deciding to take a child into custody pending an application for an adoption order.
(b) A member who commences service with the Controlling Authority after the date of approval for adoption purposes shall notify the Controlling Authority thereof upon commencing service and of the period or periods of adoption leave which the member proposes to take. Provided that such member shall not be entitled to adoption leave unless the member has not less than 12 months' continuous service with Tasmania Police Service immediately preceding the date upon which he or she proceeds upon such leave.
(c) A member shall, as soon as the member is aware of the presumed date of placement of a child for adoption purposes but no later than 14 days before such placement, give notice in writing to the Controlling Authority of such date, and of the date of the commencement of any period of leave to be taken under subparagraph (a) hereof.
(d) A member shall, 10 weeks before the proposed date of commencing any leave to be taken under subparagraph 16.8.4(b) hereof give notice in writing to the Controlling Authority of the date of commencing leave and the period of leave to be taken.
(e) A member shall not be in breach of this part as a consequence of failure to give the stipulated period of notice in accordance with subparagraphs (b) and (d) hereof if such failure is occasioned by the requirement of an adoption agency to accept earlier or later placement of a child, the death of the spouse or other compelling circumstances.
16.8.6 Variation of Period of Adoption Leave
(a) Provided the maximum period of adoption leave does not exceed the period to which the member is entitled under sub-subparagraph 16.8.2 or 16.8.3 hereof:
(i) the period of leave taken under sub-subparagraph 16.8.2 or 16.8.3 hereof 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 member.
(b) The period of adoption leave taken under sub-subparagraph 16.8.2 or 16.8.3 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.
16.8.7 Cancellation of Adoption Leave
(a) Adoption leave, applied for but not commenced, shall be cancelled should the placement of the child not proceed.
(b) Where the placement of a child for adoption purposes with a member then on adoption leave does not proceed or continue, the member shall notify the Controlling Authority forthwith and the Controlling Authority shall nominate a time not exceeding four weeks from receipt of notification for the member's resumption of work.
16.8.8 Special Leave
The Controlling Authority shall grant to any member who is seeking to adopt a child, such unpaid leave not exceeding two days, as is required by the member to attend any compulsory interviews or examinations as are necessary as part of the adoption procedure. Where paid leave is available to the member the Controlling Authority may require the member to take such leave in lieu of special leave under this clause.
16.8.9 Other 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 16.8.2 or 16.8.3 hereof, a member may, in lieu of or in conjunction with any adoption leave, take any annual leave or long service leave or any part thereof to which he or she 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 the member's absence on adoption leave.
16.8.10 Effect on Service
Periods of paid adoption leave shall count as service for all purposes. Periods of unpaid adoption leave will be regarded as leave without pay and will not count as service for any purpose but does not break the members' continuityof service.
16.8.11 Termination of Service
(a) A member on adoption leave may terminate his or 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 the member's application to adopt a child or absence on adoption leave, but otherwise the rights of the Controlling Authority in relation to termination of service are not hereby affected.
16.8.12 Return to Work After Adoption Leave
(a) A member shall confirm the 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 adoption leave provided by sub-subparagraph 16.8.2 or 16.8.3 hereof.
(b) A member, upon returning to work after adoption leave, shall be entitled to the position held immediately before proceeding on such leave or in relation to a member who has worked part-time under this clause the position 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, the member shall be entitled to a position as nearly comparable in status and pay to that of the member's former position.
16.8.1 Definitions
For the purpose of this clause the following definitions are relevant:
'Child' means a person under the age of five years who is placed with the member for the purposes of adoption, other than a child or stepchild of the member or of the spouse of the member or a child who has previously lived continuously with the member for a period of six months or more.
'Relative adoption' occurs where a child is adopted by a grandparent, brother, sister, aunt or uncle (whether of the whole blood or half blood or by marriage).
16.8.2 Entitlement to Paid Adoption Leave
(a) A member is entitled to a paid leave of absence for the purpose of adopting a child provided the following requirements are met:
i) the member must have had 12 months continuous service at the time of commencing adoption leave;
ii) the member must be eligible as a condition of their appointment to be paid sick leave; and
iii) the child to be adopted cannot be a child of a relative of the member.
(b) Adoption leave with pay shall be granted for a period not exceeding 12 weeks.
(c) The rate of pay for the period, as prescribed in 16.8.2 (b) above, will be calculated as for sick leave on full pay at the rate payable for that member immediately prior to proceeding on paid adoption leave.
(d) The controlling Authority may grant adoption leave with pay in cases where a child is over 5 years of age and special circumstance exist.
(e) A member taking paid adoption leave is also entitled to a period of adoption leave without pay, providing the total leave taken does not exceed 52 weeks. The paid component of adoption leave may be taken any time within this 52 week period.
(f) The total leave taken shall not extend beyond one year after the placement of the child and shall not be taken concurrently with adoption leave taken by the member's spouse in relation to the same child.
(g) The entitlement of up to 52 weeks shall be reduced by the aggregate of any periods of adoption leave taken or to taken by the member's spouse.
(h) The date of effect for clause 16.8.2 (a) to (g) is 1 February 2004.
16.8.3 Entitlement to Adoption Leave Without Pay
(a) A member shall be entitled to leave of absence without pay for the purposes of adopting a child or for a relative adoption providing the member has had 12 months continuous service at the time of commencing adoption leave.
(b) Adoption leave without pay shall be granted in one or two periods, the total of which shall not exceed 52 weeks in the following circumstances:
(i) an unbroken period of up to three weeks at the time of the placement of the child; and
(ii) an unbroken period of up to 52 weeks from the time of the child's placement in order to be the primary care-giver of the child. This leave shall not extend beyond one year after the placement of the child and shall not be taken concurrently with adoption leave taken by the member's spouse in relation to the same child.
(c) The entitlement of up to 52 weeks shall be reduced by the aggregate of any periods of adoption leave taken or to taken by the member's spouse.
16.8.4 Certification
(a) Before taking paid or unpaid adoption leave the member must produce to the Controlling Authority:
(i) a statement from an adoption agency or other appropriate body of the presumed date of placement of the child with the member for adoption purposes; or
(ii) a statement from the appropriate government authority confirming that the member is to have custody of the child pending application for an adoption order.
(b) In relation to any period to be taken under sub-subparagraph 16.8.2 or 16.8.3 hereof, a statutory declaration stating:
(i) the member is seeking adoption leave to become the primary care-giver of the child; and
(ii) particulars of any period of adoption leave sought or taken by the member's spouse
16.8.5 Notice Requirements
(a) Upon receiving notice of approval for adoption purposes, a member shall notify the Controlling Authority of such approval and within two months of such approval, shall further notify the Controlling Authority of the period or periods of adoption leave the member proposes to take. In the case of a relative adoption the member shall notify as aforesaid upon deciding to take a child into custody pending an application for an adoption order.
(b) A member who commences service with the Controlling Authority after the date of approval for adoption purposes shall notify the Controlling Authority thereof upon commencing service and of the period or periods of adoption leave which the member proposes to take. Provided that such member shall not be entitled to adoption leave unless the member has not less than 12 months' continuous service with Tasmania Police Service immediately preceding the date upon which he or she proceeds upon such leave.
(c) A member shall, as soon as the member is aware of the presumed date of placement of a child for adoption purposes but no later than 14 days before such placement, give notice in writing to the Controlling Authority of such date, and of the date of the commencement of any period of leave to be taken under subparagraph (a) hereof.
(d) A member shall, 10 weeks before the proposed date of commencing any leave to be taken under subparagraph 16.8.4(b) hereof give notice in writing to the Controlling Authority of the date of commencing leave and the period of leave to be taken.
(e) A member shall not be in breach of this part as a consequence of failure to give the stipulated period of notice in accordance with subparagraphs (b) and (d) hereof if such failure is occasioned by the requirement of an adoption agency to accept earlier or later placement of a child, the death of the spouse or other compelling circumstances.
16.8.6 Variation of Period of Adoption Leave
(a) Provided the maximum period of adoption leave does not exceed the period to which the member is entitled under sub-subparagraph 16.8.2 or 16.8.3 hereof:
(i) the period of leave taken under sub-subparagraph 16.8.2 or 16.8.3 hereof 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 member.
(b) The period of adoption leave taken under sub-subparagraph 16.8.2 or 16.8.3 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.
16.8.7 Cancellation of Adoption Leave
(a) Adoption leave, applied for but not commenced, shall be cancelled should the placement of the child not proceed.
(b) Where the placement of a child for adoption purposes with a member then on adoption leave does not proceed or continue, the member shall notify the Controlling Authority forthwith and the Controlling Authority shall nominate a time not exceeding four weeks from receipt of notification for the member's resumption of work.
16.8.8 Special Leave
The Controlling Authority shall grant to any member who is seeking to adopt a child, such unpaid leave not exceeding two days, as is required by the member to attend any compulsory interviews or examinations as are necessary as part of the adoption procedure. Where paid leave is available to the member the Controlling Authority may require the member to take such leave in lieu of special leave under this clause.
16.8.9 Other 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 16.8.2 or 16.8.3 hereof, a member may, in lieu of or in conjunction with any adoption leave, take any annual leave or long service leave or any part thereof to which he or she 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 the member's absence on adoption leave.
16.8.10 Effect on Service
Periods of paid adoption leave shall count as service for all purposes. Periods of unpaid adoption leave will be regarded as leave without pay and will not count as service for any purpose but does not break the members' continuityof service.
16.8.11 Termination of Service
(a) A member on adoption leave may terminate his or 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 the member's application to adopt a child or absence on adoption leave, but otherwise the rights of the Controlling Authority in relation to termination of service are not hereby affected.
16.8.12 Return to Work After Adoption Leave
(a) A member shall confirm the 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 adoption leave provided by sub-subparagraph 16.8.2 or 16.8.3 hereof.
(b) A member, upon returning to work after adoption leave, shall be entitled to the position held immediately before proceeding on such leave or in relation to a member who has worked part-time under this clause the position 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, the member shall be entitled to a position as nearly comparable in status and pay to that of the member's former position.