Document ID: chunk:federal_register_of_legislation:F2025C00160:reg:11:p10
Version: federal_register_of_legislation:F2025C00160
Segment Type: reg
Provision Reference: reg 11 (pt 10/153)
Character Range: 974384–978293

they become pregnant, they may cancel their application and they are entitled to maternity leave under Division 2.
2.  If the member is on leave without pay when they become pregnant, cancelling the application will be of no effect and this Division will continue to apply.

5.6.30 Required absence

1.  A member on leave without pay must be absent from duty for the period described in Division 3.
2.  Part or all of the required absence may fall in the same period as the leave without pay. The member is not entitled to maternity leave for this period.
3.  Part of the required absence may fall after the leave without pay has finished. These conditions apply to the member.
    a.                                                                                                                                                        The member is entitled to paid maternity leave for this period.
    i.                                                                                                                                                        From the day after the end of their leave without pay.
    ii.                                                                                                                                                       To the day no later than 18 weeks after their required absence begins.
    b.                                                                                                                                                        The member must have completed the period of qualifying service.
4.  The member may apply to resume duty during the period of required absence.

5.6.31 Maternity leave

1.  A member this Division applies to is entitled to maternity leave for this period.
    a.                                                                                  From the day after the end of their leave without pay.
    b.                                                                                  To the day 52 weeks after their required absence begins.
2.  These conditions apply to payment of salary and allowances during maternity leave.
    a.                                                                                  If the member meets the conditions for paid leave in section 5.6.14, that part of the leave is paid.
    b.                                                                                  All other maternity leave is unpaid.
                                                                                        Note: A member on unpaid leave combined with maternity leave may choose to keep contributing to the Military Superannuation and Benefits scheme. They can choose to contribute for up to 9 months, but must do so before the expiration of the period of leave without pay. The full employer benefit for the scheme will be met. The period of unpaid leave counts as eligible service for payment of the retention benefit only if the member makes their election to contribute (and contributed) to the Military Superannuation and Benefits scheme before their period of unpaid leave ends.
    c.                                                                                  Arrangements for the substitution of other leave, and half-pay maternity leave in Division 2 may apply to the member.

5.6.32 Discretion to vary

1.  The CDF may decide that this Division should not apply to a member, or should apply in part.
2.  The CDF must consider both these criteria.
    a.                                                                                             Why the leave without pay was granted.
    b.                                                                                             If it was granted in the interests of the ADF.

Part 7: Parental leave

Division 1: General provisions

5.7.1 Purpose

   Parental leave is provided to a member to care for and