Public Service Management and Employment Amendment Regulation (No. 1) 1993 (Qld)

Queensland Subordinate Legislation 1993 No. 142 Public Service Management and Employment Act 1988 PUBLIC SERVICE MANAGEMENT AND EMPLOYMENT AMENDMENT REGULATION (No. 1) 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Amended regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amendment of s.4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s.27 (Recreation leave) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Amendment of s.28 (Sick leave) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Omission of s.29 (Maternity leave) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Insertion of new Division 4A in Part 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Division 4A—Parental Leave Subdivision A—General provisions 34A Meaning of parental leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 34B Application for parental leave not to be unreasonably refused . . . . 6 34C Period of parental leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 34D Parental leave may be taken by only 1 parent at a time . . . . . . . . . 7 34E Parental leave is generally unpaid leave. . . . . . . . . . . . . . . . . . . . . . 7 34F Variation of period of parental leave . . . . . . . . . . . . . . . . . . . . . . . . . 7 34G Cancellation of parental leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 34H Resumption of duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 34I Grant of parental leave not to affect continuity of service . . . . . . . . 9

2 Public Service Management and Employment Amendment (No. 1) No. 142, 1993 Subdivision B—Maternity leave 34J Entitlement to maternity leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 34K Application for maternity leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 34L Minimum period of maternity leave . . . . . . . . . . . . . . . . . . . . . . . . . . 10 34M Transfer to safe duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Subdivision C—Paternity leave 34N Entitlement to paternity leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 34O Application for paternity leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Subdivision D—Adoption leave 34P Entitlement to adoption leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 34Q Officer to give notice of intention to adopt . . . . . . . . . . . . . . . . . . . . 13 34R Application for adoption leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 34S Special adoption leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Subdivision E—Part-time work 34T Application for part-time work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 34U Approved part-time work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 34V Part-time work agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 34W Regulation to prevail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 8 Amendment of s.67 (Transitional provisions because of section 27(1)) . . . 18

3 Public Service Management and Employment Amendment (No. 1) No. 142, 1993 ˙ Short title 1. This regulation may be cited as the Public Service Management and Employment Amendment Regulation (No. 1) 1993 . ˙ Amended regulation 2. The Public Service Management and Employment Regulation 1988 is amended as set out in this regulation. ˙ Amendment of s.4 (Interpretation) 3. Section 4— insert— ‘ “adoption agency” means the department of government or other body empowered by law to make an adoption order; “adoption leave” , in section 34R(2)(b)(iii), includes leave of a similar kind granted to an officer’s spouse by the spouse’s employer; “adoption order” means an adoption order under the Adoption of ChildrenAct 1964 and includes an order that is taken under that Act to have the same effect as an adoption order; “child” , in Division 4A of Part 3, means— (a) in relation to maternity or paternity leave— (i) a child of an officer; or (ii) a child of an officer’s spouse; who is under 1 year of age; and (b) in relation to adoption leave— (i) a child under 5 years of age who is adopted by an officer; or (ii) a child placed with the officer and whom the officer has applied to adopt other than a child who— (A) has turned 5 years of age; or

4 Public Service Management and Employment Amendment (No. 1) No. 142, 1993 (B) is a child or stepchild of the officer or the officer’s spouse; or (C) has continuously resided with the officer for a period of 6 months before the day the officer applies for adoption leave; “former position” , in Division 4A of Part 3, means a position that an officer was appointed to immediately before the officer started parental leave or started part-time employment under an agreement under section 34V; “maternity leave” , in section 34O(2)(b)(i), includes leave of a similar kind granted to an officer’s spouse by the spouse’s employer; “parental leave” , in Division 4A of Part 3, has the meaning given by section 34A; “paternity leave” , in section 34K(1)(b)(i), includes leave of a similar kind granted to an officer’s spouse by the spouse’s employer; “primary care giver” , in Division 4A of Part 3, means a person who assumes the principal role of providing care and attention to a child; “spouse” , in Division 4A of Part 3, includes— (a) a de facto spouse; and (b) in the case of an application for paternity leave—a former spouse of the officer. ’. ˙ Amendment of s.27 (Recreation leave) 4. After section 27(7)— insert— ‘(8) An officer who— (a) is entitled to recreation leave accrued during a period of full-time employment; and (b) is presently employed under a part-time work agreement under section 34V; must take the leave as if the officer were a full-time officer.

5 Public Service Management and Employment Amendment (No. 1) No. 142, 1993 ‘(9) Subject to subsection (10), an officer who— (a) is entitled to recreation leave accrued under a part-time work agreement under section 34V; and (b) is presently employed on a full-time basis; must take the leave as if the officer were still employed under the agreement. ‘(10) The chief executive may allow an officer mentioned in subsection (9) to convert recreation leave accrued under a part-time work agreement to the equivalent amount of full-time leave. ’. ˙ Amendment of s.28 (Sick leave) 5. Section 28(2)(f)— omit, insert— ‘ (f) an officer who— (i) is pregnant; and (ii) is not on maternity leave; may be granted sick leave for illness related to the pregnancy; (fa) an officer on maternity leave may be granted sick leave for illness not related to the pregnancy; ’. ˙ Omission of s.29 (Maternity leave) 6. Section 29— omit . ˙ Insertion of new Division 4A in Part 3 7. Part 3, after Division 4— insert—

6 Public Service Management and Employment Amendment (No. 1) No. 142, 1993 ‘Division 4A—Parental Leave ‘Subdivision A—General provisions ˙ ‘Meaning of parental leave ‘34A. Parental leave means— (a) maternity leave; or (b) paternity leave; or (c) adoption leave. ˙ ‘Application for parental leave not to be unreasonably refused ‘34B. The chief executive must not unreasonably refuse to grant an application for parental leave. ˙ ‘Period of parental leave ‘34C.(1) Except as provided in subsection (3), a period of parental leave must not be more than 52 weeks. ‘(2) For the purposes of subsection (1) and sections 34D and 34F, a period of parental leave is taken to include— (a) the period of parental leave taken by the officer’s spouse in relation to the same pregnancy or child; and (b) if sick leave, recreation leave or long service leave ( “other leave” ) is applied for in relation to the period of parental leave—the period of other leave. ‘(3) The chief executive may extend the period of leave if, in the chief executive’s opinion, there are reasons, for example, the health and well-being of the officer, the officer’s spouse or the officer’s child, that warrant an extension being granted.

7 Public Service Management and Employment Amendment (No. 1) No. 142, 1993 ˙ ‘Parental leave may be taken by only 1 parent at a time ‘34D. Subject to sections 34N(2) and 34P(2), an officer must not take parental leave at the same time as the officer’s spouse takes parental leave. ˙ ‘Parental leave is generally unpaid leave. ‘34E.(1) Parental leave is unpaid leave. ‘(2) If an officer makes application for recreation leave or long service leave or both in relation to the whole or any part of a period of parental leave, the application must be granted in accordance with the application to the extent of the officer’s entitlement. ‘(3) Subject to subsection (2) and section 28(2)(fa) and (g), an officer is not entitled to paid leave for authorised absences while on parental leave. ˙ ‘Variation of period of parental leave ‘34F.(1) If the period of parental leave taken by an officer is less than 52 weeks, the officer, at least 14 days before the end of the period, may make written application to the chief executive to extend the period. ‘(2) Subject to section 34C, the chief executive— (a) must approve the first application to extend the period; and (b) must not unreasonably refuse to approve a subsequent application to extend the period. ‘(3) An officer, by 14 days written notice, may apply to the chief executive to shorten the period of parental leave. ‘(4) The chief executive may approve or reject an application mentioned in subsection (3). ˙ ‘Cancellation of parental leave ‘34G.(1) If an officer is on parental leave and— (a) the pregnancy of the officer or the officer’s spouse terminates other than by the birth of a living child; or

8 Public Service Management and Employment Amendment (No. 1) No. 142, 1993 (b) the adoption of a child by the officer does not proceed; the officer must notify the chief executive of the circumstance within a reasonable time. ‘(2) Parental leave granted to an officer is cancelled on the happening of a circumstance mentioned in subsection (1)(a) or (b). ‘(3) Despite subsection (2) but subject to section 34L(1)(b), if— (a) the pregnancy of an officer who has started maternity leave terminates other than by the birth of a living child; or (b) the adoption of a child by an officer who has started adoption leave does not proceed; the officer must resume work on a day nominated by the chief executive being a day not more than 28 days after the chief executive receives written notice from the officer that the officer wishes to resume work. ˙ ‘Resumption of duty ‘34H.(1) An officer on parental leave, other than an officer whose application under section 34F(3) is approved, must give the chief executive 4 weeks written notice of the officer’s intention to return to work. ‘(2) Subject to subsection (3), an officer returning to full-time duty after— (a) a period of parental leave; or (b) 1 period of part-time employment approved under section 34T; is to be deployed to the officer’s former position. ‘(3) An officer mentioned in subsection (2) may be deployed in a different office or location in the same department or subdepartment at the same centre and at the same level as the officer’s former position, if— (a) the officer has taken a period of parental leave of more than 52 weeks; or (b) the former position of the officer no longer exists; or (c) the officer has worked more than 1 period of part-time work in relation to the same pregnancy or child.

9 Public Service Management and Employment Amendment (No. 1) No. 142, 1993 ˙ ‘Grant of parental leave not to affect continuity of service ‘34I.(1) The taking of parental leave does not break the continuity of an officer’s service or employment. ‘(2) The chief executive must not terminate the employment of an officer merely because the officer applies for, or has been granted, parental leave. ‘Subdivision B—Maternity leave ˙ ‘Entitlement to maternity leave ‘34J.(1) A female officer is entitled to take approved maternity leave in 1 unbroken period at any time after she becomes pregnant. ‘(2) Despite subsection (1), maternity leave that an officer is directed to take under section 34M(3) may be taken over 1 or more periods. ‘(3) Maternity leave must finish not later than the first birthday of the child in relation to whom the leave is granted except where the leave is extended by the chief executive under section 34C(3). ˙ ‘Application for maternity leave ‘34K.(1) An officer who is pregnant must, at least 10 weeks before the expected date of birth of her child or, if she proposes to commence maternity leave before that time—on lodgment of her application for maternity leave, give to the chief executive— (a) a certificate from a medical practitioner stating the expected date of birth of the child; and (b) a written statement stating— (i) particulars of paternity leave to be taken by her spouse in relation to the pregnancy or the child; and (ii) the actual or approximate starting and finishing dates of maternity leave to be taken; and

10 Public Service Management and Employment Amendment (No. 1) No. 142, 1993 (c) a written undertaking not to engage in conduct inconsistent with her terms of employment during a period of approved maternity leave. ‘(2) The officer must apply for maternity leave in a form approved by the chief executive at least 4 weeks before the officer proposes to commence maternity leave. ‘(3) Despite subsection (2), the chief executive may shorten the 4 week period if the officer’s failure to lodge the application as required happened because the officer was confined before the expected date. ‘(4) If there is a change in— (a) the expected date of birth of the child; or (b) the starting and finishing dates of the maternity leave; the officer must notify the chief executive of the change as soon as possible. ˙ ‘Minimum period of maternity leave ‘34L.(1) Subject to subsection (2), an officer who is pregnant, whether or not she has made application under section 34K, must— (a) commence maternity leave at least 6 weeks prior to the expected date of birth of her child; and (b) remain on maternity leave until at least 6 weeks after the pregnancy terminates. ‘(2) The chief executive may, at the request of the officer, and on receipt of a certificate from a medical practitioner certifying that, in the opinion of the medical practitioner— (a) the officer is fit for duty until a specified date—reduce the period mentioned in subsection (1)(a); or (b) the officer is fit to resume duty—reduce the period mentioned in subsection (1)(b). ‘(3) If the chief executive makes a decision under subsection (2)(a) to reduce the period, the approval is of effect until— (a) the day specified in the medical certificate; or

11 Public Service Management and Employment Amendment (No. 1) No. 142, 1993 (b) the day 14 days after the day the chief executive revokes the decision by giving written notice to the officer; or (c) the officer commences maternity leave; or (d) the day of the officer’s confinement; whichever first happens. ˙ ‘Transfer to safe duties ‘34M.(1) If, in the opinion of a medical practitioner— (a) an illness or risk arising out of an officer’s pregnancy; or (b) a hazard connected with the work of an officer having regard to the officer’s pregnancy; makes it inadvisable for the officer to continue her existing duties, the chief executive may assign the officer to other duties that she can perform safely and efficiently. ‘(2) The assignment— (a) may only be made with the agreement of the officer; and (b) must not involve a reduction in the officer’s salary. ‘(3) If a transfer to other duties is impracticable, the chief executive may direct the officer to take maternity leave for a period certified as necessary by a medical practitioner. ‘Subdivision C—Paternity leave ˙ ‘Entitlement to paternity leave ‘34N.(1) An officer is entitled to take approved paternity leave— (a) in not more than 2 unbroken periods in accordance with this section; and (b) if application for the leave is made under subsection (3)—only if the officer is the primary care giver for the child in relation to whom the application is made.

12 Public Service Management and Employment Amendment (No. 1) No. 142, 1993 ‘(2) An officer may take 1 period of paternity leave of not more than 1 week from the time of confinement of the officer’s spouse. ‘(3) An officer may take 1 period of paternity leave of not more than 52 weeks from the birth of the officer’s child to the first birthday of the child. ˙ ‘Application for paternity leave ‘34O.(1) An officer must apply for paternity leave in a form approved by the chief executive at least 10 weeks before the proposed period of leave. ‘(2) The application must indicate the approximate starting and finishing dates of the leave applied for and be accompanied by— (a) a certificate from a medical practitioner stating the name of the officer’s spouse and the expected date of birth of the child; and (b) a written statement by the officer stating— (i) his spouse’s name and particulars of maternity leave taken, or to be taken, by his spouse in relation to the pregnancy or the child; and (ii) except in a case of leave of the kind mentioned in section 34N(2)—that he is to be his child’s primary care giver; and (iii) if the child in relation to whom the application is made has been born—the child’s date of birth; and (c) a written undertaking that he will not engage in conduct inconsistent with his terms of employment during a period of approved paternity leave. ‘(3) Despite subsection (1), the chief executive may shorten the 10 week period if the officer’s failure to lodge the application as required happened because— (a) the child was born before the expected date; or (b) the officer’s spouse has died; or (c) there are other compelling reasons. ‘(4) If there is a change in— (a) the expected date of birth of the child; or

13 Public Service Management and Employment Amendment (No. 1) No. 142, 1993 (b) particulars of maternity leave taken, or to be taken, by the officer’s spouse; or (c) the starting and finishing dates of the paternity leave; the officer must notify the chief executive of the change immediately. ‘Subdivision D—Adoption leave ˙ ‘Entitlement to adoption leave ‘34P.(1) An officer is entitled to take approved adoption leave— (a) in not more than 2 unbroken periods in accordance with this section; and (b) if application for the leave is made under subsection (3)—only if the officer is the primary care giver for a child the officer has adopted or applied to adopt. ‘(2) An officer may take 1 period of adoption leave of not more than 3 weeks on the placement of the child with the officer. ‘(3) An officer may take 1 period of adoption leave of not more than 52 weeks from the day on which the officer intends to be the primary care giver for the child. ‘(4) Adoption leave must finish not later than the fifth birthday of the child in relation to whom the leave is granted except where the leave is extended by the chief executive under section 34C(3). ˙ ‘Officer to give notice of intention to adopt ‘34Q. An officer who— (a) has applied to adopt a child; and (b) receives notice from an adoption agency confirming the officer’s status as a prospective adopter; and (c) intends applying for adoption leave;

14 Public Service Management and Employment Amendment (No. 1) No. 142, 1993 is to give written notice to that effect to the chief executive immediately after receiving the notice from the adoption agency. ˙ ‘Application for adoption leave ‘34R.(1) An officer must apply for adoption leave in a form approved by the chief executive as soon as possible before the proposed period of leave. ‘(2) The application must indicate the approximate starting and finishing dates of the leave applied for and be accompanied by— (a) a written statement from the adoption agency confirming— (i) the adoption of the child; or (ii) the placement of the child with the officer until finalisation of the adoption process; and (b) a written statement by the officer stating— (i) the date of birth of the child; and (ii) that the officer is to be the primary care giver for the child; and (iii) particulars of adoption leave taken, or to be taken, by the officer’s spouse in relation to the child; and (c) a written undertaking that the officer will not engage in conduct inconsistent with the terms of the officer’s employment during a period of approved adoption leave. ‘(3) If there is a change in the starting and finishing dates of the leave, the officer must notify the chief executive of the change immediately. ˙ ‘Special adoption leave ‘34S. An officer seeking to adopt a child is entitled, on written application to the chief executive— (a) to 2 working days unpaid leave; or (b) if the chief executive directs—to 2 working days leave debited against the officer’s recreation leave entitlement;

15 Public Service Management and Employment Amendment (No. 1) No. 142, 1993 for the purposes of attending interviews or examinations in relation to the proposed adoption. ‘Subdivision E—Part-time work ˙ ‘Application for part-time work ‘34T.(1) The following officers may apply to work part time— (a) a female officer who is pregnant; or (b) an officer who is the parent of a child. ‘(2) If the officer is the natural parent of the child, the application must be made before the child turns 2 years. ‘(3) If the officer is the adoptive parent of a child, the application must be made before the second anniversary of the child’s placement with the officer. ‘(4) An application made under subsection (1) must be made in a form approved by the chief executive. ‘(5) The chief executive may approve or reject the application. ˙ ‘Approved part-time work ‘34U.(1) A male officer whose application for part-time work is approved may work part time in 1 or more periods— (a) if his spouse gives birth to a child—from the day of the child’s birth until the child’s second birthday; and (b) if he adopts a child—from the day of the child’s placement with him until the second anniversary of the placement. ‘(2) A female officer whose application for part-time work is approved may work part time in 1 or more periods— (a) if she is pregnant—during the term of her pregnancy until 6 weeks before the expected date of birth of her child; and

16 Public Service Management and Employment Amendment (No. 1) No. 142, 1993 (b) if she gives birth to a child—from the seventh week after the day of the child’s birth until the child’s second birthday; and (c) if she adopts a child—from the day of the child’s placement with her until the second anniversary of the placement. ‘(3) The chief executive may, at the request of the officer, and on receipt of a certificate from a medical practitioner certifying that, in the opinion of the medical practitioner— (a) the officer is fit for duty until a specified date—reduce the 6 week period mentioned in subsection (2)(a); or (b) the officer is fit to resume duty—reduce the period mentioned in subsection (2)(b). ‘(4) If the period mentioned in subsection (2)(a) is reduced under subsection (3)(a), section 34L(3) applies in relation to the chief executive’s decision. ˙ ‘Part-time work agreement ‘34V.(1) Before an officer begins part-time work approved under section 34T, the officer and the chief executive must agree on the following matters— (a) that the officer may work part time; (b) the hours to be worked by the officer including the days on which the officer is to work and the commencing times of work; (c) the nature of the duties to be performed; (d) the level of remuneration applying to the duties; (e) the period the officer is to work part time. ‘(2) The officer and the chief executive must record the terms of their agreement in writing signed by both parties. ‘(3) The agreement is to be retained by the chief executive and a copy is to be given to the officer. ‘(4) The terms of the agreement may be varied by further agreement of the parties.

17 Public Service Management and Employment Amendment (No. 1) No. 142, 1993 ‘(5) The work to be performed by the officer need not be the work performed by the officer in the officer’s former position. ‘(6) The officer may, at the request of the chief executive, work more hours than those recorded in the agreement. ˙ ‘Regulation to prevail ‘34W.(1) Subject to subsection (2), section 34V is to be read in conjunction with— (a) the Permanent Part Time Employment Arrangements made under the Public Service Management and Employment Act 1988 ; and (b) the provisions dealing with part-time employment in an Award or Industrial Agreement relevant to officers of the public service. ‘(2) A provision in the Permanent Part Time Employment Arrangements or in an Award or Industrial Agreement relevant to officers of the public service relating to— (a) the limiting of the number of officers who may work part time; or (b) the establishment of quotas relating to the ratio of part-time to full-time officers; or (c) the prescribing of minimum or maximum hours a part-time officer may work; or (d) a requirement, in relation to part-time employment— (i) of consultation with an officer’s union; or (ii) that the consent of an officer’s union be sought; or (iii) that an officer’s union monitor the employment arrangement; does not apply to part-time employment approved under this Subdivision. ‘(3) If there is an inconsistency between a provision of this Division and a provision of the Arrangements, Award or Industrial Agreement, the provision of this Division prevails to the extent of the inconsistency. ’.

18 Public Service Management and Employment Amendment (No. 1) No. 142, 1993 ˙ Amendment of s.67 (Transitional provisions because of section 27(1)) 8. Section 67(1) (definition “commencement” , after ‘ section 5 ’ )— insert ‘ of the Public Service Management and Employment AmendmentRegulation (No. 3) 1992 ’. ENDNOTES 1. Made by the Governor in Council on 29 April 1993. 2. Notified in the Gazette on 14 May 1993. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Employment, Vocational Education, Training and Industrial Relations. The State of Queensland 1993