Document ID: chunk:federal_register_of_legislation:F2025C00160:reg:11:p3
Version: federal_register_of_legislation:F2025C00160
Segment Type: reg
Provision Reference: reg 11 (pt 3/153)
Character Range: 948538–954304

member to whom all of the following apply.
    a.                                                                                                                                                                                                                                                                              The member has ceased continuous full-time service.
    b.                                                                                                                                                                                                                                                                              The member is eligible for payment instead of long service leave.
    c.                                                                                                                                                                                                                                                                              The member has elected to transfer all or part of their long service leave credits to a new employer that is a Commonwealth entity.
    d.                                                                                                                                                                                                                                                                              The election made under paragraph c was made not less than 30 days before the date that they ceased continuous full-time service.
    e.                                                                                                                                                                                                                                                                              The new employer has agreed to the transfer.
2.  A member is eligible for the following.
    a.                                                                                                                                                                                                                                                                              To have an amount of long service leave equal to the long service leave credits the member elected to be transferred to the new employer.
    b.                                                                                                                                                                                                                                                                              To be paid an amount being equal to the difference between the following.
                                                                                                                                                                                                                                                                                    i.                                                                                                                                         The member's long service leave credits held by the member on ceasing continuous full-time service.
                                                                                                                                                                                                                                                                                    ii.                                                                                                                                        The long service leave credits transferred to the new employer under paragraph a.
3.  A member who does not commence employment with a Commonwealth agency within 12 months of ceasing continuous full-time service is eligible to be paid an amount equal to the long service leave credits the member elected to transfer to the new employer under paragraph 2.a.

Part 6: Maternity leave

5.6.1 Purpose

   This Part sets out a member's entitlement to maternity leave. The leave recognises the physical aspects of the later stages of pregnancy, childbirth and recovery after childbirth. It also provides time for initial care of the child.

Division 1: Overview

5.6.3 Summary

1.  Maternity leave is described in full in this Part. This section describes some of its main features.
2.  Maternity leave allows for an absence of 52 weeks. It consists of paid and unpaid leave. New members may not have access to the paid leave component.
3.  A member who meets the eligibility criteria is entitled to the leave. An application cannot be refused for any reason.
4.  Maternity leave includes a period of required absence.
5.  A member may take recreation leave or long service leave instead of unpaid maternity leave.
6.  Unpaid maternity leave is not the same as leave without pay.
7.  Convalescence may happen at the same time as maternity leave.

5.6.4 Definitions

   In this Part the following apply.
   Birth means the birth of a child that occurs from 20 weeks before the expected date of the birth.

   Note: A multiple birth is a single event under this Part.
   Qualifying service means a continuous period of 12 months of any of the following.
   a.                                                                                                                                                                           Continuous full-time service in the ADF.
   b.                                                                                                                                                                           Any other employment recognised for the purpose of the Maternity Leave (Commonwealth Employees) Act 1973, subsection 6(4).
   Required