Under national employment standards (NES), workers (including long-term casual workers) are entitled to unpaid parental leave of up to 12 months with 12 months of continuous service with an employer, with the right to apply for additional 12 months of unpaid parental leave, subject to certain requirements of the Fair Work Act 2009 (FW). A successful parental leave policy should include innovative and flexible rules that help parents before, during and after a period of parental leave. The Australian government`s scheme does not provide for new leave rights for eligible workers. The program provides a state-funded parental allowance at the national minimum wage for up to 18 weeks. Parental leave allowance may begin from the date of birth or adoption or at a later date. Employers must comply with legal obligations in this area, as prescribed in enterprise agreements, public procurement, employment contracts and the FW Act. They should also take into account all existing policies. On November 26, 2020, the entitlement to unpaid parental leave was amended in the Fair Work Act. The changes include: SJL Pty Ltd offers all current employees 14 weeks of paid parental leave at full pay after 12 months of service, which can be taken at half the salary for 28 weeks. Sheridan meets the state-funded eligibility criteria for parental leave, which allows her to receive a state-funded parental leave allowance for 18 weeks. Parental leave allowance is taxable and may be collected before, after or at the same time as existing rights, such as annual and long-term leave.
The best leave of absence from the policy is good for both employers and workers. They help employees cope with their transition to the world of work by clarifying requirements and expectations. They also help employers ensure that valued employees feel attracted, preserved and valued. These provisions will be subject to further review with regard to parental leave and related rights, as well as in the “National Employment Standards” fact sheet, available on the Ombudsman`s website for fair work. The Good Practice Parental Leave Policy recognizes the importance of a worker`s parenting and family responsibilities and complements other family-friendly measures by helping staff achieve a true work-life balance. Employers in good practice recognize that workers who feel valued and supported are more likely to stay connected in the workplace and are flexible and dedicated employees. Sheridan wants to take 12 months of work and structure her vacation to ensure that she maintains a steady income during this period. She decides to take her employer-funded parental leave first at half pay. Sheridan then claimed the state-funded parental allowance for 18 weeks.
These 18 weeks consist of an initial block of 12 weeks – her initial parental leave – and then she chooses to take the additional 30 days (6 weeks) of flexible parental leave immediately after, in another continuous block. Sheridan also took three weeks of annual leave, which she negotiated with her employer for the government-funded parental allowance after receiving state-funded parental leave. The NES grants workers a return to the profession that allows them to return to the same position as before the start of parental leave. If the worker is no longer placed on parental leave upon return to the profession, he may be transferred to a available position closest to his status, which he is fit to occupy and for which he is qualified accordingly.