Document ID: chunk:federal_register_of_legislation:F2018L00496:clause:5_23
Version: federal_register_of_legislation:F2018L00496
Segment Type: clause
Provision Reference: sch 5 cl 23
Character Range: 51214–53834

23  Section 5.6.14.2 (Paid maternity leave)
    Omit the subsection, substitute:
2.  If a member is not on a flexible service determination and has completed 12 months' qualifying service, she is entitled to salary for up to 14 weeks of her maternity leave. This table sets out the period of entitlement.

Item  If the member's absence is...  then she is entitled to paid maternity leave for...
1.    more than 14 weeks             the first 14 weeks of the absence. The rest of her absence will be unpaid maternity leave.

                                     See: Section 5.6.18, Access to other leave.

2.    less than 14 weeks             the whole of the period.

     Note: The period of paid maternity leave will usually overlap a member's period of required absence. However, they are separate matters. Sometimes the two periods can be very different. They must be worked out separately. Required absence is described in Division 3.

     Example 1: A member completes her first 12 months of qualifying service, she then becomes pregnant with her first child and takes 14 weeks of paid maternity leave and other types of leave which adds up to her 52 weeks of entitled leave. She comes back to full time service for an additional five months before applying for maternity leave to have her second child. She is entitled to 14 weeks of paid maternity leave for the second child.

     Example 2: A member completes her first 12 months of qualifying service, she then becomes pregnant with her first child and takes 14 weeks of paid maternity leave and other types of leave which adds up to her 52 weeks of entitled leave. At the end of the leave she comes back to full time service for two months before leaving the ADF to join a Federal Government department for two years. After the two years she rejoins the ADF and after three months applies for maternity leave to have her second child. She is entitled to 14 weeks of paid maternity leave for the second child.

2A.  If a member is on a flexible service determination, and has completed 12 months' qualifying service, she is entitled to salary for up to 14 weeks of her maternity leave. This table sets out the period of entitlement.

Item  If the member's absence is...  then she is entitled to paid maternity leave for...
1.    more than 14 weeks             her pattern of service for the first 14 weeks of the absence. The rest of her absence will be unpaid maternity leave.

                                     See: Section 5.6.18, Access to other leave.

2.    less than 14 weeks             her pattern of service for the whole of the period.