Understanding Maternity / Parental Leave

xdivino on 19/03/2024 - 17:27
Last edited 19/03/2024 - 20:37 by 1 other user

Hi all, I'm trying to firstly for myself understand but also decipher a lot of HR speak policy that's around my partners job with regards to Maternity leave.

We have an approximate due date of 1st October and wanting to finish up work as soon as possible under the maternity leave rules and regulations etc. but wanting to make sure we maximise the benefits made available.

I'm trying to understand the mix of employer paid maternity leave and then the additional government portion of the leave as it's in the new currently with an additional two weeks being added in next financial year so should apply to our situation.

My partner is in a position where she will likely take the leave but there's going to be a very strong likelihood of her not returning to work after, but we are waiting to see how things progress with the pregnancy etc. We would be looking to use up a large balance of annual leave in the coming months before informing them of the pregnancy and then moving towards fishing up for Maternity leave early August.

Is there any proceedural things to do or would this fall on her worklplace HR to explain out these things?

It's all hit super hard and fast with finding out just recently and then also we're further along than we had thought as well.

I'm trying to make sure I OzBargain the most benefit.

Education & Work Maternity Leave

Comments

  • bobbified on 19/03/2024 - 17:48
    +1

    First thing to do, start reviewing the employment contract to understand leave entitlements there are and go from there. Not only will there be maternity leave, but there will be sick leave (under Personal leave) that can taken in the leadup to birth too. Depending on how long she's been there, there might be quite a bit accrued. If there's any other leave or time in-lieu that won't get paid out (upon resignation), make use of that first.

    • xdivino on 19/03/2024 - 17:53

      yep, 100% looking to use up as much Annual leave and sick leave as possible in the lead up to before informing her employer about the pregnancy.

      Fortunately we have a good chunk of leave between us so using up all her sick days and annual leave days will be priority 1 then will have the company paid maternity benefit hopefully.

      The only caveat I can see is that if there's a employer paid leave and resignation during the time off then that needs to be paid back in some cases.. so will be looking to get the policy documents etc to firm that up.

      • bobbified on 19/03/2024 - 17:56

        100% looking to use up as much Annual leave and sick leave as possible in the lead up to before informing her employer about the pregnancy.

        Exhaust the sick leave first because that won't get paid out upon termination of employment. Annual leave gets paid out if there's anything remaining at the end, so no need to worry about exhausting that leave. It might be extra cash that would be nice to have after birth.

        The only caveat I can see is that if there's a employer paid leave and resignation during the time off then that needs to be paid back in some cases

        If this is applicable, it should be specified in the employment contract.

      • AustriaBargain on 19/03/2024 - 18:20
        +1

        use up as much Annual leave and sick leave as possibl

        Do you plan on breaking your wife's legs, or slipping poison into her coffee or what?

        • xdivino on 19/03/2024 - 18:25

          "As possible"
          no doubt will be lots of medical appointments and sick leave appropriate things I'm sure along the way. Already a wild start to things so i'm almost certain we can use up a chunk of that..

          Annual leave is tied to school holidays usually so 2-3 weeks to be used up there and a holiday before baby leave starts I hope..

          • original15 on 19/03/2024 - 19:27

            @xdivino: Pregnancy is not an illness, take caution if voicing or conveying you are planning to use up all sick leave/treating it as annual leave.
            Obviously those who are pregnant can be sick and take sick leave, just the way you or someone positioned it earlier would raise eyebrows of HR.

      • redfox1200 on 19/03/2024 - 20:15

        why wouldnt you take annual leave once you have the baby?

      • p1 ama on 19/03/2024 - 20:30
        +3

        yep, 100% looking to use up as much Annual leave and sick leave as possible in the lead up to before informing her employer about the pregnancy.

        Not sure why you're concerned about annual leave, employers generally want their employees to take annual leave, because letting it accrue becomes a financial liability (as it needs to be paid out when you leave). Take annual leave or not, doesn't really matter either way.

        Sick leave, you need to be a bit careful. I'm not sure why you're trying to take the sick leave before she tells her employer about the pregnancy? Telling her employer about the pregnancy will make it easier for her to take / use sick leave. E.g. she could take sick leave for doctor's or hospital visits, or when she's having morning sickness, or just needs some time off to rest…etc.

        I would be a bit weary with your approach man, like it just seems like you're trying to be dishonest about things, when it's better for you / your partner to be upfront. You're entitled to your leave, not sure what you're trying to gain by being a bit underhanded.

        • xdivino on 19/03/2024 - 20:34

          Good point on the Sick leave - will likely mix up the approach with this guidance.

          It's not so much dishonesty it's more about reducing the stress from the workplace as noted in other reply it's becomming a less friendly work environment and it's from managers/owners that gives extra cause for concern around being "performance managed out" or redundnacy element etc. Informing the pregnancy may influence that but also unfair dismissal becomes an option as well.

          Trying to reduce stress during this time and early complications to manage as well.

  • stratbargain on 19/03/2024 - 19:33
    -1

    …and then we wonder why we have an issue with equality of women in the workforce.

    • Traya1 on 19/03/2024 - 19:43
      +2

      Its 2024, the amount of corporate waste and focus on equality/diversity and politically correct ESG rubbish is off the chart.

      I have no issue with OP's partner running down their sick leave prior to having a child whatsoever in the grand scheme of things.

    • Dollar General on 19/03/2024 - 19:56
      +2

      To be fair, I’m sure if men could give birth they would have the same mindset

    • xdivino on 19/03/2024 - 20:25
      +1

      it's a reverse investment - future generation pays taxes so they'll recoup the costs eventually and then some..
      plus more old people less young people and declining birth rate yadda yadda..

      Annual leave running it down is no different to anyone else and their entitlements…
      Toxic workplace as well so id otherwise would be a hard quit but there's some perks to use it's worthwhile.

  • p1 ama on 19/03/2024 - 20:24
    +1

    Few thoughts:

    I'm trying to firstly for myself understand but also decipher a lot of HR speak policy that's around my partners job with regards to Maternity leave.

    Policies around parental leave are usually pretty clear cut. It'll almost always be something pretty straightforward like, once you've passed a certain amount of tenure, you'll be able to take X months of parental leave (whatever it says in the contract). Nothing more to "read around" than that.

    We have an approx Due date of 1st OCT and wanting to finish up work as soon as possible under the Maternity leave rules and regulations etc.

    Your contract may say otherwise, but the standard is six weeks before due date.

    but wanting to make sure we maximise the benefits made available.

    You get a fixed amount of parental leave. Nothing to "maximise".

    I'm trying to understand the mix of Employer paid maternity leave and then the additional Governmnent portion of the leave as it's in the new currently with an additional 2 weeks being added in next financial year so should apply to our situation.

    What research have you done so far? This is a pretty good explainer: https://www.abc.net.au/news/2023-10-19/how-does-expanded-pai…. Are you eligible for government PPL at all based on the income test?

    My partner is in a position where she will likely take the leave but there's ggoing to be a very strong liklihood of her not returning to work after but we are waiting to see how things progress with the pregnancy etc.

    Great, there's no obligation to return to work after paid parental leave

    we would be looking to use up a large balance of annual leave in the comming months before informing them of the pregnancy and then moving towards fishing up for Maternity leave early August.

    Yeah, makes sense, mid-August would be around the 6 weeks before term mark

    Is there any proceedural things to do or would this fall on her worklplace HR to explain out these things?

    Yes, she should ask them

    It's all hit super hard and fast with finding out just recently and then also we're further along than we had thought as well.

    I'm trying to make sure I ozbargain the most benefit

    Not sure what system you're trying to game, the general eligibility rules for government support and employed paid PPL are quite clear cut. You can't really hack your way around more benefits

    • xdivino on 19/03/2024 - 20:30

      Thanks and agreed.
      it's more the mix of Company supplied Materinity leave and the Governmnet benefit.
      it's early days but reviewing the contract and leave policy is pretty wild HR speak and not clear cut but will get through it over time.

  • ihbh on 19/03/2024 - 22:50
    +1

    I'm trying to make sure I ozbargain the most benefit

    But don't be an a*hole about it. Bad karma might come back in the form of no reference given, etc.

    • xdivino on 19/03/2024 - 23:03
      -2

      Nothing assholey about the whole process
      Just trying to make sure we get to leverage the leave properly albeit vague around the employer provided paid leave and then government leave element

      As for karma the employer has gotten blood out of a stone with her after no sick days in 6 years and just a good banked amount of annual leave to be used up.

      I get the point you’re trying to suggest/make but it’s more making sure we get the full use of what’s rightfully owed, the leave is there to be used so wanted to ensure we get our OzBargain worth.

  • tsunamisurfer on 20/03/2024 - 12:44

    Don't you need to show a medical certificate if you are claiming sick leave for more than 2 days?

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