34. DEFINITIONS AND GENERAL CONDITIONS

34.1 For the purposes of this Part:

(a) “child” means:

for the purposes of Parental Leave (Maternity), a child (or children from a multiple birth) born to a staff member;

for the purposes of Parental Leave (Spouse/Domestic Partner Birth), a child (or children from a multiple birth) born by a staff member's spouse or domestic partner;

for the purposes of Parental Leave (Adoption), a child or children of the staff member placed with the staff member through an adoption process, who is not the birth child of the staff member or the staff member’s partner, and who has not previously lived continuously with the staff member for a period of six months or longer.

(b) “days” means working days.

(c) “de facto spouse” means a person of the opposite or same sex who lives with the staff member as husband, wife or partner of the staff member on a genuine domestic basis although not legally married to that person

(d) “domestic partner” has the same meaning as "de facto spouse"

(e) “expected date of delivery” means the date specified on the medical certificate provided and signed by a registered medical practitioner for the expected delivery of a child.

(f) “family member” means either:

a member of the staff member’s household; or

a member of the staff member’s immediate family which includes spouse, child, parent, grandparent, grandchild, sibling or any other person with whom the University is satisfied that the staff member has a genuine family relationship.

(g) “paid leave” refers to leave at the ordinary rate of pay.

(h) “parental leave” includes adoption leave, maternity leave, and spouse/domestic partner birth leave.

(i) “pay” for the purposes of leave means the staff member’s ordinary rate of pay, provided the maximum rate payable for parental leave purposes will be no more than the ordinary rate payable at HEW level 10 or Level E for professional staff and academic staff respectively as specified in Schedule 1 of this Agreement.

(j) “spouse” includes spouse, de facto spouse, former spouse and former de facto spouse.

34.2All applications for leave must be accompanied by relevant documentary evidence satisfactory to the Universitythat the staff member is entitled to the leave requested.

34.3 Subject to clauses 37.7, 38.10, 39, 40.10 and 40.20, leave entitlements and arrangements in this Agreement do not apply to casual professional or Teaching Associate staff, and no casual or sessional service will count as service in determining entitlements to leave or for any other purpose.

34.4 Staff are not permitted to undertake paid work additional to any already approved by the University while at work at the University whilst absent on any form of paid or unpaid leave without the prior written authorisation of the University. Such authorisation will not be unreasonably withheld.

34.5 The entitlements under this Part of part-time staff members will be in accordance with the provisions of clause 16.19 of this Agreement.

WorkCover and Leave to Count as Service

34.6 The following periods will count as service for leave entitlements and accruals and for severance, termination and resignation purposes:

(a) Any period of paid leave, including long service leave taken on half pay;

(b) No more than 20 days’ unpaid leave for incapacity due to illness or injury continuously or in aggregate in any year of service (as distinct from a calendar year);

(d) No more than 20 days’ unpaid Election or Arbitration leave, or any other unpaid leave continuously or in the aggregate in any year of service (as distinct from a calendar year);

(e) Time worked on WorkCover rehabilitation with the University after the expiry of make-up pay.

Continuity of Service

34.7 In this Agreement (including clause 19.5):

(a) breaks between fixed-term appointments of up to two times per year and of up to six weeks each will not constitute breaks in continuous service;

(b) for fixed-term research-only staff, service will be regarded as continuous, provided that any break in service does not exceed three months and such breaks do not count as service.

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