Advice on LSL to Maternity Leave

Hi All,

Long term lurker, first time poster. Hoping the community can help me with a question I have which I’d rather not ask my employer directly about.

I’m have plans to take Long Service Leave next year, but also currently pregnant. It would be an ideal situation to my circumstances to transition from LSL to maternity leave without returning to work in the middle. I’m wondering if anyone else has done this? Particularly interested if anyone from a government department can answer. I’m a teacher under Department of Education if that helps anyone answer this for me.

Key thing is avoiding the need to return to work inbetween.

Many thanks

Comments

  • I know a teacher who took 3 successive bouts of maternity leave (with a very small amount of unpaid leave mixed in) without any issues at all. She’s now gone back to work just one day a week. That suggests to me you wouldn’t have issues.
    When I was going on maternity leave with my government job, I just emailed HR and asked about my options. They were really helpful and I didn’t need to discuss my plans with my immediate boss until I knew what I was going to do.

  • Government are awesome for maternity leave.

    My wife is currently on maternity leave with our second child and works for a state government department. She is taking (not sure on the exact order) work maternity leave at half for 26 weeks (she gets 13 weeks at full pay but taking it at half pay makes more sense as she takes home $200/wk less than she would at full pay), then she is taking federal government maternity leave which is mininium wage for 18 weeks, then Long service leave, there is no return to work in all this. Whats amazing is that she builds up annual leave while on half pay on all of this, and she has heaps of AL.

    You should just contact your HR, my mum worked was a teacher so I know how terrible how that might be.

  • +2

    just wondering if men get the same rights for paternity leave?

    • I asked an employee for 3 months unpaid and it got rejected on the grounds your employed because you have work to do, then a colleague 2 years later got a year off maternity. I intended to quit but delayed it to the day she started her mat leave. It’s off topic but there are double standards.

      • @unclesnake Was the 3 months unpaid for the purpose of parental leave or just a career break?

    • +2

      Yes they do, if they are the primary carer they are usually entitled to a period of paid paternal leave and unpaid leave.

    • no we do not I understand different empoyers offer different things but it would be nice if we could get the 18 weeks minium wage from the government instead of the woman.

      • +1

        You can if you are the primary carer.

        • Not quite. From the centerlink website it would have to be under exceptional circumstances

          Who can receive it
          You must be:

          the birth mother of a newborn child
          the adoptive parent of a child, or
          another person caring for a child under exceptional circumstances

          Exceptional circumstances
          Exceptional circumstances must apply for you to be eligible for Parental Leave Pay without the birth mother or adoptive parent being eligible.

          If the birth mother or adoptive parent is unable to care for the child, another person may claim Parental Leave Pay. This is usually in situations such as severe illness or a serious accident.

          In exceptional circumstances you may be able to get Parental Leave Pay if you have had a child come into your care within 52 weeks of their birth or adoption and:

          you’ll care for the child for at least 26 weeks
          the child hasn’t been placed into your care as part of a decision made by a state or territory child protection agency
          the child’s birth mother or adoptive parent and their partner are incapable of caring for the child for at least 26 weeks or other approved circumstances exist where it is reasonable that they care for the child.
          If you’re eligible under exceptional circumstances, you may be eligible for up to 18 weeks of Parental Leave Pay while you take time off work to care for the child. If someone has already started to get Parental Leave Pay and you haven’t met the work test or income test, you may still be eligible for the portion of Parental Leave Pay that was remaining when the initial primary carer stopped being eligible.

          https://www.humanservices.gov.au/individuals/services/centre…

        • @seano2101: You can transfer it: https://www.humanservices.gov.au/individuals/services/centre…

          If you’re the birth mother or adoptive parent, you may be able to transfer some or all of your Parental Leave Pay to another eligible person. This could be because you:

          return to work, or
          are no longer the primary carer for your child
          You can transfer your Parental Leave Pay to:

          your partner
          the other legal parent of your child, or
          the partner of your child’s other legal parent
          To transfer your payment, you and the person you're transferring to must first claim, and be eligible for, Parental Leave Pay.

  • Depends on the award, some allow mixure of both. You need to contact HR (blacktown) and you head teacher won't know :)

  • +1

    To get the best and correct advice, ask the Union. As a recently retired teacher, I speak from experience. Union advice on my resignation and how it was handled, saved me around 4 weeks of pay. The office manager told me I couldn't return from long service leave prior to Christmas then resign late January that I'd have to continue my long service leave. Checked with the Union and she was incorrect. They do give the correct and unbiased advice for you. Have seen other incidents over the years where schools have given what they thought was the correct advice, but found they were incorrect. Not just one school too, but a few over my career. So check with the Union before doing anything.

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