Changes to the Parental Leave Act and the Fair Work Act 2009 are set to occur from 1st October 2012. Have you updated your policies?
Our previous newsletter announced the introduction of Dad and Partner Pay - a new parental leave pay of 2 weeks for fathers and partners of newborn babies or adopted children effective 1 January 2013.
Effective 1 October 2012, some other provisions of the Paid Parental Leave Act 2010 and the Fair Work Act 2009 are set to occur. These are:
- Timing of Unpaid Leave - Unpaid parental leave is amended for pregnant female employees so that unpaid parental leave may start earlier than six weeks before the expected date of birth with the employer’s agreement. (The former position was that it may commence up to six weeks prior to the expected date of birth.)
- Keeping In Touch Days - Employees on unpaid parental leave can now take 10 paid ‘keeping in touch days’ without breaking their single continuous period of parental leave. This was previously only an entitlement for employees on paid parental leave. A ‘keeping in touch day’ is, as the name suggests, for the employee to keep in touch with their workplace thus easing their return to work. There will be no obligation for employers to give the employee ‘keeping in touch days’ and any such days must have been freely consented to by the employee and employer. Conditions regarding ‘keeping in touch days’ are as follows:
- The ‘keeping in touch day’ must not be within 14 days of the day the child was born or placed (in the case of adoption) with the employee, and also cannot be arranged (at the Company’s request) in the first 6 weeks after the day the child was born or placed with the employee.
- An employee can only take 10 'keeping in touch days' during their 12 month unpaid parental leave period. If that period of leave is extended then the employee will have a further 10 such days.
- Taking 'keeping in touch days' does not extend unpaid parental leave.
- When an employee takes a 'keeping in touch day' they do not have to work the full day and they will be paid for performing work at their ordinary rate.
- Cancellation of Parental Leave and Replacement Employees - New provisions in the Act will deal with unplanned events in relation to parental leave. Before employing someone to replace an employee taking unpaid parental leave, employers must notify the replacement employee, amongst other things, that:
- Their employment is temporary; and
- The employee on leave may return to work earlier than expected in certain circumstances, including in the event of a stillbirth or infant death, by providing 4 weeks’ notice.
Clients of Your HRdocs can access an updated Parental Leave Policy.