Parental Leave Policy

Overview

ReGe Strategic (ReGen) is committed to supporting our employees with their family responsibilities and promoting equity in employment.

Having or adopting a child is a wonderful, life-changing moment. Balancing parenthood with work can be challenging. Parental leave lets employees take time away from work for the birth or adoption of a child. This policy has been designed to help all our people continue their careers while achieving an appropriate work-life balance.

ReGen is committed to supporting all our people when they embark on their parental journey. We choose to pay our people parental leave because it’s a tangible way we can reward you for your loyalty and support you through this exciting time, and then be there when you are ready to return to work.

This Policy provides information on unpaid and paid parental leave entitlements, and the process required when applying for parental or partner leave. We recognise that individual circumstances are different, and as such the circumstances of each person's parental leave will be unique to that individual. All employees are encouraged to discuss their circumstances and how they can optimally balance their career and family goals with the Managing Director. If the circumstances for your family are not addressed in this policy, please contact the Managing Director for a confidential discussion.

This policy also sets out employee entitlements in the case of the stillbirth, premature birth or death of a child, which ReGen recognises is one of the hardest experiences in life.

ReGen reserves the right to review and amend this policy and associated benefits at any time.

This policy may be amended by ReGen at its discretion and does not form part of your contract of employment or engagement.

Definitions

In this Policy, these terms are defined as follows:

ReGen-funded paid parental leave means the parental leave benefit ReGen offers eligible employees in accordance with this Policy, which is a separate benefit from the Australian Government-Funded parental leave entitlements as explained under this Policy.

Base rate of pay refers to the rate of pay the employee receives for working their ordinary hours. It does not include:

Incentive based payments; or
Bonuses; or
Monetary allowances; or
Overtime or penalty rates.

Child includes both a biological child and an adopted child of a person.

De facto partner means a person, although not legally married, who lives with another person in a relationship as a couple on a genuine domestic basis (whether they are of the same or a different sex). The meaning of ‘De facto partner’ includes a current or former de facto partner.

Paid parental leave has the meaning given in section 4 of this policy.

Primary care giver means a person who assumes responsibility for the day-to-day care of the child. The primary care giver does not have to be the person who gave birth to the child. Only one person can be the primary care giver of a child at any given time.

Secondary care giver means a person who is a parent of the child and who is either the spouse or de facto partner of the primary care giver who accepts responsibility for the ongoing care of a child.

Special parental leave has the meaning given under this Policy.

Spouse includes a former spouse.

Stillborn child has the meaning given under section 77A(2) of the Fair Work Act 2009 (Cth), being that it is a child:

who weighs at least 400 grams at delivery or whose period of gestation was at least 20 weeks; and
who has not breathed since delivery; and
whose heart has not beaten since delivery.

Unpaid parental leave has the meaning given in this Policy.

Australian Government Entitlement – Unpaid Parental Leave

Parental leave

Parental leave is an entitlement under the National Employment Standards (NES).

Unpaid parental leave is available where an employee meets the eligibility criteria and:

the employee gives birth;
an employee’s spouse or de-facto partner gives birth;
the employee or their spouse or de-facto partner adopts a child under 16 years of age.

An employee must satisfy ReGen’s reasonable requests for evidence of the birth or adoption of the child if they wish to take unpaid parental leave.

In summary, to be eligible for unpaid parental leave under the NES, you must:

be a full-time or part-time employee of ReGen; and
have held continuous employment with ReGen for at least 12-months prior to one of the following:
1. the date of birth of the child; or
2. the expected birth date of the child; or
3. the day of placement of the child; or
4. the expected day of placement of the child.

Employees accessing unpaid parental leave for adoption of a child must also meet the following eligibility requirements:

The child, on the day of placement or expected day of placement must:

be under 16 years old; and
not have lived continuously with the employee for at least 6 months;
not be a child of the employee’s spouse or de facto partner.

Employees must apply for unpaid parental leave or unpaid adoption leave by following the process of taking parental leave under this Policy.

Learn more about this leave entitlement here.

Stillbirth or death of a child

The provisions of this policy have effect in relation to the employee as if the birth of a child included the stillbirth of a child.

If a child is stillborn, or dies during the 24‑month period starting on the child’s date of birth and an employee would have been entitled to unpaid parental leave, i.e. birth‑related leave, if the child had been born alive, then the employee is taken to be entitled to unpaid parental leave, despite the stillbirth of the child. Compassionate leave is also available in these circumstances.

For the purpose of this policy the definition of a stillborn child is as defined under the NES (see the ‘Definitions’ under this Policy).

If the employee has not given notice of the taking of leave before the stillbirth of the child, the employee can do so as soon as practicable.

Stillbirth or death of child - cancelling leave or returning to work

If a child is stillborn, or dies during the 24‑month period starting on the child’s date of birth, then an employee who is entitled to a period of unpaid parental leave in relation to the child may:

before the period of leave starts, give ReGen written notice cancelling the leave; or
if the period of leave has started, give ReGen written notice that the employee wishes to return to work on a specified day.

The specified date of return must be at least 4 weeks after ReGen receives the notice.

If the employee takes this action, the employee’s entitlement to unpaid parental leave in relation to the child ends:

if the action is taken under (a) above - immediately after the cancellation of the leave; or
if the action is taken under (b) above - immediately before the specified day.

Premature birth and birth related complications

If:

an employee experiences a premature birth or gestational or other birth-related complications; and
the newborn has to stay in hospital or be hospitalised immediately after birth;

the employee can agree with ReGen to put their unpaid parental leave on hold.

This allows the employee to return to work while the newborn is in hospital and that period will not be deducted from their unpaid parental leave. The employee can resume their unpaid parental leave at:

a time agreed with ReGen; or
the end of the day when the newborn is discharged from hospital; or
if, sadly, the newborn dies, the end of the day of the newborn’s death.

Paid parental leave

Paid parental leave means payment during a period of parental leave. There are two types of parental leave payments available to ReGen employees:

paid parental leave which is funded by the Australian government; and
paid parental leave which is funded by ReGen.

An employee's ability to access parental leave payments is subject to eligibility criteria (explained below). The criteria and payment procedures differ according to whether the payments are government funded payments or ReGen-funded payments. Some employees are eligible to apply for both types of parental leave payments.

Australian Government’s Paid Parental Leave Entitlement

Under the Australian Government’s Paid Parental Leave Scheme, eligible working parents can receive government funded pay when they take time off work to care for a new child.

Conditions of and entitlement to the Australian Government-funded paid parental leave scheme is determined by the Australian federal government.

If an employee is eligible for the Australian Government’s Paid Parental Leave Scheme, payments from the government are made to pass onto employees through our payroll system. Learn more about this leave entitlement here.

ReGen Paid Parental Leave Entitlement

In addition to statutory and government funded entitlements, ReGen offers a paid parental leave benefit to eligible employees.

Eligibility

To be eligible for the ReGen paid parental leave benefit, you must:

be a permanent full-time or part-time employee of ReGen; and
apply for parental leave as per the process outlined in this Policy, including by providing ReGen with supporting evidence or documentation; and
have completed your probation period prior to one of the following:
1. the date of birth of the child; or
2. the expected birth date of the child; or
3. the day of placement of the child; or
4. the expected day of placement of the child.

Employees accessing parental leave for adoption of a child must also meet the following eligibility requirements to access paid parental leave:

The child, on the day of placement or expected day of placement must:

be under 16 years old; and
not have lived continuously with the employee for at least 6 months;
not be a child of the employee’s spouse or de facto partner.

Any reference to pay in this Policy in relation to ReGen’s paid parental leave benefits is calculated as equivalent to the rate of pay for the ordinary working hours applicable to the employee at the time of the commencement of parental leave. This pay will be adjusted in accordance with any subsequent salary review. Paid parental leave will not be paid in advance.

For the avoidance of doubt, ReGen-funded paid parental leave is available under any circumstances where there is a new baby, including adoption or birth through surrogacy.

Primary care giver

An employee who is the primary care giver of the child and is granted ReGen-funded paid parental leave in accordance with this policy, will be entitled to up to four (4) weeks of parental leave and six months of continued superannuation payments in addition to the Australian Government’s Paid Parental Leave Scheme based on the employee’s base rate of pay at the commencement of the parental leave. If an employee takes less than four (4) of parental leave, the employee will only be paid for the period of parental leave taken.

The benefit will be paid through the normal payroll cycle at the commencement of parental leave.

If adopting a child under 16 years of age, eligible employees are entitled to paid parental leave, from the date of an eligible child’s placement with the parents.

Secondary care giver

The total parental leave benefit available to the non-primary care giver is twenty (20) consecutive working days at the employee’s base rate of pay at the commencement of the parental leave. This leave can be taken over twelve months in two tranches:

The secondary care giver can take 10 (ten) consecutive days of ReGen-funded paid parental leave in accordance with this Policy no earlier than one week prior to the expected date of birth and no later than 6 weeks after the birth.
The secondary care giver may also be entitled to receive an additional ten (10) consecutive days of ReGen-funded paid parental leave within the first 12 months following the birth or adoption of a child. Leave will be approved depending on factors including workload, the number of leave requests received for a given period and whether appropriate cover of an employee’s duties can be arranged.

Bonus entitlements

Employees may receive a pro-rata bonus while on periods of either paid (either government funded or ReGen-funded parental leave) or unpaid parental leave, at ReGen’s absolute discretion. The bonus will be calculated based on the number of months worked during the calendar year.

Leave accrual

Annual leave and personal/carer’s leave will not accrue during a period of unpaid parental leave.

Long service leave will continue to accrue during a period of unpaid parental leave up to a maximum of 52 weeks for all employees.

Premature birth and birth related complications

If:

an employee experiences a premature birth or gestational or other birth-related complications; and
the newborn has to stay in hospital or be hospitalised immediately after birth;

the employee can agree with ReGen to:

receive one day’s paid leave for each business day of hospitalisation up to a maximum of 1 week; and/or
put their paid parental leave on hold.

This allows the employee to return to work while the newborn is in hospital and that period will not be deducted from their paid parental leave.

The employee can resume their paid parental leave at:

a time agreed with ReGen; or
the end of the day when the newborn is discharged from hospital; or
if, sadly, the newborn dies, the end of the day of the newborn’s death.

How to Apply for Paid or Unpaid Parental Leave

Primary care giver

An employee intending to take parental leave as a primary care giver will need to request parental leave by discussing their intention to take parental leave with the Managing Director.

An employee intending to take parental leave as a primary carer must provide as much notice as possible, but no less than three (3) months before the commencement of the leave.

If an employee fails to provide the required notice because the birth took place earlier than expected or for other exceptional circumstances i.e. medical reasons, they will not be in breach of this notice requirement.

For a primary care giver, the application is to be accompanied by a proof of eligibility in the form of a medical certificate from a registered medical practitioner. Evidence requirements for adoption are detailed below.

Parental leave is not approved until the employee has received written confirmation that their leave request is approved.

Where an employee is pregnant and continues to work within the six-week period immediately prior to the expected date of birth of the child, ReGen will require a medical certificate stating that the employee is fit to perform their normal duties.

Confirmation of Parental Leave dates

An employee will need to confirm their parental leave dates with the Managing Director at least four (4) weeks before they are due to start their leave.

Secondary care giver

An employee seeking secondary care giver leave will need to request parental leave (up to a total of 10 consecutive working days) by discussing their intention to take parental leave with the Managing Director and is encouraged to provide as much notice as possible but no less than ten (10) weeks before the commencement of the leave. The employee must also state that they will be the secondary care giver of the child whilst on parental leave.

For the second period of concurrent leave, the employee needs to provide at least four (4) weeks’ notice to be considered for leave approval.

Employees adopting a child

An employee must advise the Managing Director in writing of their intention to apply for parental leave in the future, as soon as practicable after receiving notification from the adoption agency that they have placement approval.

This should be submitted as soon as possible but where possible not less than three (3) months prior to the commencement of the leave. If an employee fails to provide the required notice because the adoption took place earlier than expected, they will not be in breach of this requirement and must advise the Managing Director as soon as practicable.

An employee must also provide a letter from the adoption agency confirming when the placement is due to start.

An employee seeking to adopt a child is entitled to take two (2) days unpaid leave for the purpose of attending compulsory interviews or examinations as part of the adoption process. The two (2) days unpaid leave may be taken as a single continuous period or any separate periods upon agreement by the employee and ReGen agree.

Where annual leave is available to the employee, ReGen may require the employee to take such leave instead of unpaid leave.

Other entitlements

An employee may apply to take any annual leave or long service leave to which they are entitled sequentially with ReGen paid parental leave, subject to the total amount of leave not exceeding 12 months unless otherwise agreed.

Transfer to a safe job

If it is medically inadvisable for an employee to continue in their present position for a period of time because of illness or risks arising out of the pregnancy, or, hazards connected with that position; the employee will be transferred to a safe job for the risk period, with no change to the employee’s terms and conditions of employment.

This entitlement applies if the employee has provided evidence that would satisfy a reasonable person that they are fit for work, but that it is inadvisable for them to continue in their present position (e.g. a medical certificate).

If there is no appropriate safe job available, and the employee would otherwise be entitled to take unpaid parental leave then the employee is entitled to take paid ‘no safe job leave’ for the risk period and be paid at their base rate of pay for ordinary hours of work during the risk period or pro-rata for part-time employees.

Employees who don’t meet the eligibility requirements for unpaid parental leave at that time, can take unpaid ‘no safe job leave’ or may rely upon other accrued leave entitlements such as personal or annual leave.

Special Maternity Leave

Eligibility

A pregnant employee or the non-carrying parent of an expected child, who is eligible for parental leave which has not yet commenced, can take unpaid special maternity leave because of:

a miscarriage; or
early termination of pregnancy; or
a pregnancy-related illness (but only after the employee runs out of accrued paid personal leave).

An employee will need to provide a certificate from a registered medical practitioner stating the following:

In relation to a miscarriage or early termination of pregnancy

the employee was pregnant (or the employee was the non-carrying parent of an expected child) and the expected date of birth; and
the date the pregnancy ended; and
the dates that the employee will be unfit for work.

In relation to a pregnancy-related illness, the employee must provide a medical certificate from a registered medical practitioner stating the dates that the employee will be unfit for work.

Entitlement

Unpaid special maternity leave can be taken for such a period that a registered medical practitioner certifies as necessary.

Primary caregivers may also access up to two (2) days of compassionate leave in circumstances of a miscarriage or an early termination of pregnancy.

Illness whilst pregnant before commencing parental leave

Where an employee experiences illness not related to pregnancy, they are entitled to take accrued paid personal leave.

Where an employee experiences illness related to the pregnancy, they can take any accrued paid personal leave followed by unpaid special maternity leave for such a period that a registered medical practitioner certifies as necessary.

Parental Leave Communications – Keeping in touch

Like every baby is different we recognise that every employee on parental leave is different.

Contact whilst on leave

Before commencing parental leave, an employee should discuss with the Managing Director, the nature of the contact they wish to maintain with ReGen during the period of leave. This may include receiving invitations to social functions, client functions, and ReGen updates and publications, by way of example. The employee should ensure their contact details held by ReGen are up to date, including any personal email address they may wish to be contacted on.

Keeping in touch days

Keeping in touch days allow an employee who is still on unpaid parental leave to go back to work for a few days at their normal wage. This is a good way for employees who are caring for a baby or newly adopted child to stay up to date with their workplace, refresh their skills and assist their return to work.

Employees are encouraged to maintain contact with the Managing Director as appropriate during parental leave.

Employees are also entitled to ten (10) paid ‘keeping in touch’ days during their absence which are agreed to by ReGen and the employee, to help them to stay up to date with developments and training, and to assist with their return to work. The normal rate of pay will apply for these keeping in touch days, or part days.

Keeping in touch days can be worked:

as a part day;
1 day at a time;
a few days at a time; or
in a single continuous block (aside from weekends).

If an employee wishes to extend their period of unpaid parental leave beyond 12 months, they may be entitled to an additional ten (10) paid ‘keeping in touch’ days.

Keeping in touch days can occur at least 42 days after the date of birth or adoption of the child or earlier if the employee requests it. If a request is made, a ‘keeping in touch’ day can’t be worked earlier than 14 days after the date of birth or placement of the child.

ReGen and the employee must agree to any keeping in touch days, the dates worked, and the type of work performed on these days. An employee doesn’t have to use ‘keeping in touch days’ if they don’t want to. For any keeping in touch days (or part days) worked, an employee accumulates leave entitlements for the time worked.

‘Keeping in touch days’ will not break the continuity of parental leave.

Variations to Parental Leave

Extension of parental leave

An employee may request to extend their parental leave past the period initially granted up to a maximum total period of two (2) years. Such a request must be made in writing, and received by the Managing Director at least four (4) weeks prior to the originally scheduled return date (although earlier is preferred).

In line with the requirements of the NES, the amount of additional leave that can be requested is reduced by the amount of leave the employee’s partner has taken, regardless of whether they are an employee of ReGen or not.

Reduction in period of parental leave

An employee may reduce their period of parental leave with ReGen’s approval. Such requests must be made in writing to the Managing Director giving at least four (4) weeks' notice.

Returning to work following parental leave

It can be difficult to predict how you’re going to feel after your child arrives, however, we encourage you to start thinking about returning to work prior to the child’s arrival. The sooner we can start talking about it together, the better we can begin planning to create the right environment for your return.

Confirming return to work date

An employee on parental leave must confirm their intention to return to work in writing to the Managing Director, providing at least four (4) weeks' notice.

Pre-parental leave position

The employee is entitled to return to their pre-parental leave position or if that position no longer exists, to an available position for which they are qualified and suited. A part-time employee will be entitled to return to a position which includes the same number of hours per week/cycle but not necessarily the times.

If an employee was transferred to a 'safe position' or was temporarily acting in a position other than their substantive position immediately prior to commencing parental leave, then the position they are entitled to return to is their pre-parental position.

Part-time employment or requests for flexible working arrangements

An employee who wishes to request a change in their working arrangements when they return from parental leave (e.g. returning on part-time working hours) are required to put their request in writing, setting out details of the change requested and the reasons for the change. This must be submitted to the Managing Director no less than four (4) weeks (although earlier is preferred) before their return date. The employee will receive confirmation of the outcome of their request within twenty-one (21) days of ReGen’s receipt of their request.

Reasonable business needs will be considered when evaluating all requests for flexible working arrangements.

Feeding breaks

Paid feeding breaks are to be made available to employees to breastfeed (leave the office to go to the baby or have the baby brought into the office) or express breastmilk or otherwise feed the baby during work hours.

The number of times an employee needs to feed or express milk will be determined by their individual needs. For employees requiring more than one (1) hour in total for feeding breaks during a standard working day, flexible work arrangements may be required.

Further information

If you have any questions regarding parental leave, please either speak to the Managing Director.

This policy is intended to assist employees to understand their parental leave conditions, however this document should be read in conjunction with the NES. The NES will apply if more favourable than any part of this policy.