Document ID: chunk:federal_register_of_legislation:F2025C00160:reg:11:p6
Version: federal_register_of_legislation:F2025C00160
Segment Type: reg
Provision Reference: reg 11 (pt 6/153)
Character Range: 961021–964721

period of their 18 weeks' maternity leave.

    Note: The member's first 18 weeks of maternity leave is not extended.

5.6.15 Maternity leave at half pay

1.  If a member is eligible for paid maternity leave under section 5.6.14, the member may be paid at half the rate payable under subsection 5.6.14.1 for a specified period.
2.  Paid maternity leave paid at half the rate payable under subsection 5.6.14.1 has the following effects.
    a.                                                                                                                                                                        The period of paid maternity leave is increased by the number of weeks of the portion of paid maternity leave paid at half the rate (the additional period).
    b.                                                                                                                                                                        The member is eligible for payment at half the rate payable under subsection 5.6.14.1 for the additional period under paragraph a.
3.  The period that the member receives maternity leave at half pay cannot be more than the period the member takes maternity leave.

5.6.17 Second period of maternity leave

1.  This section applies to a member who meets both of these conditions.
    a.                                                                                                             The member has been granted maternity leave.
    b.                                                                                                             During the period of the leave, the member qualifies for a second grant of maternity leave.
2.  The member is entitled to a second grant of maternity leave. The leave should be worked out under this Part.

5.6.18 Access to other leave

1.  A member may substitute recreation leave or long service leave for unpaid maternity leave.
2.  A member who substitutes other leave for unpaid maternity leave may not extend the total period of maternity leave. The limits in section 5.6.13 continue to apply.
    Note 1: A member on maternity leave is still subject to the recreation leave lapsing provisions in section 5.4.34. It may be in a member's interest to substitute recreation leave for unpaid maternity leave, to prevent it from lapsing.
    Note 2: A member may be entitled to a further 14 weeks' parental leave. This is an unpaid leave type. This would take the total period of absence in this example to 66 weeks.

5.6.19 Effect of unpaid maternity leave

1.  Any period of paid maternity leave is a period of effective service. This includes maternity leave at half pay.
2.  Any period of unpaid maternity leave is not a period of effective service.

    Note: MSBS members may choose to maintain their superannuation contributions.
3.  A period of unpaid maternity leave has these features.
    a.                                                                                                               It counts as continuous service.
    b.                                                                                                               It will not break continuity of service if the conditions for a particular entitlement are met.
    c.                                                                                                               The member is not required to remain fit or deployable.
    d.                                                                                                               The member continues to receive free medical care. The member is not returned to the payroll for hospitalisation, treatment, illness or medical absence.