ANMF (Vic Branch) Assistant Secretary Sam Casey
The Nurses and Midwives (Victorian Public Sector) Single Interest Employer Agreement 2024-2028 (the Agreement) is now in effect, and it contains several significant changes to parental leave.
When am I eligible for paid parental leave?
As of 1 June 2024, the qualification period for full-time and part-time (non-casual) public sector employees to access paid parental leave reduced from six months to zero – inclusive of your probationary period, meaning you are eligible for paid parental leave during your probationary period and from the time you start permanent employment.
How many paid parental leave weeks can I take?
There has been no change to the quantum of paid parental leave in the new Agreement. An employee taking long parental leave who has been designated as the primary carer remains entitled to 14 weeks paid parental leave.
A non-primary carer employee who takes short parental leave remains entitled to two weeks paid parental leave.
This paid parental leave is in addition to any relevant Commonwealth Government paid parental leave scheme.
Will I receive superannuation contributions while on parental leave?
You will receive super contributions throughout parental leave including the unpaid component.
These contributions will be calculated by your employer using the superannuation contributions made over the 26 pay periods preceding the commencement of your parental leave, dividing that by 52, and making that payment for each week you are on parental leave (adjusted for any wage increases that occur during that time).
An eligible employee may also include voluntary superannuation contributions, if this is agreed with your employer in advance.
What will I get paid while on paid parental leave?
Paid parental leave is in addition to any Commonwealth Government paid parental leave scheme. The Commonwealth paid parental leave is calculated on the weekly national minimum wage, which as of July 2024 is $183.16 per day (or $24.10 per hour) before tax.
For part-time employees, paid parental leave is now clearly to be calculated on your ordinary weekly hours at the time paid parental leave is taken or the average weekly ordinary hours you worked over the preceding 12 months, whichever is more advantageous.
You can still reach agreement with your employer as to how the paid parental leave under the Agreement is to be paid. For example, you may wish to have smaller amounts of parental leave paid over a longer period, or consecutively or concurrently with any relevant Commonwealth Government parental leave scheme. These agreements must be confirmed in writing with your employer, in advance of the expected date of birth or date of placement of a child.
Can I extend a period of long parental leave?
Yes, eligible employees who are entitled to access 12 months of unpaid long parental leave are entitled to request to extend the period of unpaid parental leave by a further continuous period of up to 12 months immediately following the end of the available parental leave. You must notify your employer as soon as possible but not less than four weeks before the end date of your original leave period.
Additionally, employees are now able to take annual leave and long service leave in conjunction with parental leave and can retain an ‘annual leave buffer’ prior to commencing parental leave to ensure a safeguard of available leave when returning from parental leave (some employers were requiring that unused annual leave be taken, and others were refusing annual leave or long service leave requests with parental leave). It is the employee’s choice as to how they take their other leave with parental leave.
What other changes have been made in this agreement?
Importantly, the definition for adoption, at clause 4 and 68, has been extended to include kinship arrangements. Assisted reproduction appointments are now also included in the pre-natal leave clause.
What about Keeping in Touch days?
Employers are now compelled to not unreasonably refuse any request to utilise Keeping in Touch (KIT) days.
If you take 104 weeks of parental leave, you can take up to 20 KIT days during your leave.
ANMF members with further queries can contact our Member Assistance Team via this form. Information and advice are only given to ANMF members.
