HR Policy and Procedure Manual Template Part 4

Pregnancy at Work Guidance note (delete afterwards): Entitlements listed here are based on the Fair Work Act 2009. (Cth) National Employment Standards and the Equal Opportunity Act 2010 (Vic). Advising of pregnancy {Business Name} encourages employees to inform their manager of their pregnancy as soon as possible. However, we respect that an employee may not wish to advise us of her pregnancy earlier than the minimum notice period. We also respect an employee’s wishes regarding when it is appropriate to tell colleagues about the pregnancy. See the Parental leave policy on page 45 about requirements for taking unpaid parental leave, including notice periods. Harassment while pregnant {Business Name} is committed to ensuring the safety of pregnant employees and considers harassment, bullying and discrimination to be unacceptable behaviour. (See the Equal Employment Opportunity policy on page 32 for our general policy and procedure on harassment, bullying and discrimination.) Safety at work {Business Name} understands pregnancy to be a healthy and normal process and recognises that women have different experiences. When an employee notifies her manager that she is pregnant, the manager will ask the employee to let them know if they experience any changes to their work capacity during the pregnancy. The employee and her manager will then discuss what is needed to keep the employee safe at work and adjustments will be made accordingly where possible. Options to reduce hours, change of duties, light duties, rotated tasks, provision of a chair and provision of additional breaks are common ways to ensure safety at work, and will be considered on a case-by-case basis. Transfer to a safe job If it's not safe (due to illness, risks or hazards) for a pregnant employee who is entitled to parental leave to continue in her usual position, she can be transferred to a 'safe job' with no change to terms and conditions. The employee needs to provide {Business Name} with reasonable evidence that she is fit for work, but it would be inadvisable to continue in her present position. {Business Name} may insist on a medical certificate. If {Business Name} can’t transfer the employee to a safe job, she may take (or be required by {Business Name} to take) paid ‘no safe job’ leave for the time stated in the medical certificate or until the pregnancy ends (either by giving birth or otherwise). 'No safe job' leave is not sick leave – it is a separate paid leave type (pregnancy- no safe job). This leave will be paid at the rate specified in the award or agreement which, at a minimum, can be no lower than the employee’s base rate of pay for her ordinary hours of work. In the six weeks prior to the expected date of the birth of the child, an employer may ask an employee on safe job leave for medical certificates stating that she would be fit to perform a safe job, if one were available to her. An employee may be required to take unpaid parental leave (instead of paid no safe job leave) if she does not provide a medical certificate within seven days or if she provides a medical certificate stating she is not fit for any work. Working until the birth A pregnant employee may work until the expected date of birth of her child. If she wishes to continue working in the last six weeks of her pregnancy she may be requested to provide a medical certificate within seven days confirming she is fit to work. If the medical certificate indicates the employee is not fit for work, she may be required to start parental leave or take a period of unpaid leave as soon as practicable. (See the Parental leave policy on page 45.) Return to work If the employee has agreed to contact during leave, then towards the end of the leave period, the manager should confirm the employee’s intention to return on the agreed date. The employee also may want to discuss any requests for flexible work arrangements at this time (see Flexible Working Arrangements policy on page 41). An employee must provide four weeks’ notice if they want to extend their leave beyond the return date that was initially advised (see the Parental leave policy on page 45.) The employee on parental leave has the right to return to the job they held prior to going on leave, including any promotion. If that position no longer exists, the employee will be given whichever other available position is nearest in status and remuneration to the position they held prior to going on leave. If an employee was placed in a safe work position prior to leave, the employee is entitled to return to the position they held immediately before the safe work position. If the pre-parental leave position no longer exists, {Business Name} will follow its redeployment and redundancy procedures to determine if a suitable alternative position is available. Breastfeeding at work {Business Name} aims to understand and support mothers in the workplace, including accommodating breastfeeding as much as possible e.g. providing a private space. An employee should discuss her needs with her manager and {Business Name} will endeavour to make a private space available or other arrangements made by agreement. Depending on the employee’s duties this may include cover while she is away from her work environment. Other forms of parental support Guidance note (delete afterwards): List what is available, for example child care location assistance, return to work buddy, parents club, mini- induction back into work etc. Note: Paid Parental Leave is covered in the Leave section Flexible Working Arrangements Guidance note (delete afterwards): Entitlements listed here are based on National Employment Standards and the Equal Opportunity Act 2010 (Vic). Employees may request flexible working arrangements based on parental and carer responsibilities. Employees are encouraged to put the request in writing. To comply with the Equal Opportunity Act 2010, {Business Name} will consider this request, and consider all relevant facts and circumstances in deciding whether or not to agree to the request. Such a request will not be refused unless it is reasonable to do so. Circumstances that may be relevant to determining whether a refusal is or is not reasonable include: the nature of the employee's work and parental or carer responsibilities the nature and cost of the arrangements required for an employee to fulfil their family or carer responsibilities the financial circumstances of the employer the size and nature of the workplace and the employer's business the effect of the flexible working arrangements on the workplace, including the financial impact on the business the consequences for the employer of having the flexible working arrangements the consequences for the employee of not having the flexible working arrangements Other factors that might be relevant in a particular case include: when the arrangements are to commence how long the arrangements will last information that has been provided by the employee about their situation the accrued entitlements of the employee, such as personal, carer's or annual leave whether any legal or other constraints affect the feasibility of the employer accommodating the responsibilities, such as occupational health and safety laws or award penalty rates. In addition, under the National Employment Standards, employees who have at least 12 months continuous service, with responsibility for the care of a child under school age, or for care of a child under 18 with a disability have the right to request flexible working arrangements. Flexible work arrangements will also be considered as a form of reasonable adjustments to allow people with a disability to work safely and productively (see information on reasonable adjustments above). This right applies to all employees including permanent full-time and part-time employees, as well as casual employees, regardless of role of job function. Employees must put such a request in writing. {Business Name} will provide a written response granting or refusing the request within 21 days and will only refuse such requests on reasonable business grounds. These reasons will be detailed in the written refusal. Options for flexible work practices Flexible work options which may be considered by {Business Name} include: permanent, part-time work graduated return to work (for employees returning from parental leave), e.g. the employee returns part time and then builds up to full-time work flexible start and finish times for staff to accommodate child care and school pick-up requirements flexible rostering such as working split shifts job-sharing - where two or more employees share one full-time position, each working on a part-time basis work from home purchased leave (48/52 leave) – where employees take an additional four weeks leave per year by adjusting their salary to 48 weeks paid over the full 52 weeks compressed hours – where the employee works additional daily hours to provide for a shorter working week or fortnight This is not an exhaustive list, and other options may be agreed. Employees utilising flexible work practices will be treated no less favourably than any other employee. Flexible working is not a barrier to promotion or supervisory responsibilities. Leave Guidance note (delete afterwards): The standards referred to here are taken from the Fair Work Act 2009. General leave policy Unless specified otherwise, employees referred to in this policy mean permanent full-time or part-time employees. All employees are entitled to leave in accordance with the relevant awards or agreements and statutory provisions. Where the entitlements or practices in this document conflict, the applicable award, workplace agreement, employment contract or employment law takes precedence. All planned leave has to be mutually agreed, and take into account workloads and the employee’s needs. Leave must be approved in advance, except when the employee can’t anticipate the absence. Any documents regarding leave will be kept on the employee’s personnel file. Annual leave policy Guidance note (delete afterwards): Typically, annual leave is four weeks’ paid leave accrued for each 12 months of employment. This varies in some awards and workplace or employment agreements. A holiday close-down may be specified in the award or workplace agreement. Each employee is entitled to a minimum of {X} days annual leave a year (pro-rata for parttime). Leave entitlements are calculated from the date they started work and accrue in accordance with workplace relations legislation or industrial instruments. Annual leave counts towards continuous service (used when calculating long service leave). Applications for annual leave need to be lodged {X} weeks in advance. An employee is expected to take accrued annual leave for business close down periods. If insufficient leave is accrued, {Business Name} may direct an employee to take unpaid leave. {Business Name} will decide on a case-by-case basis whether it will agree with an employee to ‘cash out’ annual leave as permitted by workplace relations legislation or any industrial instrument. In some circumstances, leave in advance of what leave has accrued may be approved. This is conditional on the employee agreeing to the business deducting any advance in the event of termination, or to the employee accepting leave without pay. Personal (sick) leave policy Guidance note (delete afterwards): Sick leave is part of personal/carer’s leave. Personal/Carer’s leave is an employee entitlement which is contained in the National Employment Standards. It is separate to workers’ compensation, which is paid to compensate for an injury or illness incurred while at work. An employee is entitled to a minimum of 10 days of personal/carer’s leave every 12 months which can all be taken as carer’s leave if required. Paid personal leave accrues at the rate of {X} days per month of service and is cumulative. An employee should notify his/her manager as soon as possible if they are unable to attend work due to illness or injury. Management, at its discretion, may request evidence such as a medical certificate showing that the employee was entitled to take personal leave during the relevant period. Carer's leave policy Carer's leave is available to an employee for the care or support of an ill family or household member or if an unexpected emergency affects a family or household member. It is typically part of personal (sick) leave and is dealt with similarly to above. Employees including casual employees are entitled to take up to two days unpaid carer’s leave for each occasion of family or household member illness or unexpected emergency. An employee cannot take unpaid carer’s leave if they could instead take paid carer’s leave. Compassionate leave policy Compassionate leave is paid leave taken by an employee to spend time with a family member/member of the employee’s household, who has a personal illness, or injury, that poses a serious threat to his/her life, or after the death of a family member/member of the employee’s household. Each employee is entitled to a period of two days paid compassionate leave for each occasion where a family member has died, or the employee needs to spend time with a seriously ill family member. Additional unpaid leave maybe granted at management discretion. Casual employees are entitled to two days unpaid compassionate leave for each occasion. Long service leave policy Guidance note (delete afterwards): Federal awards, Victorian laws, and workplace agreements set out entitlements to long service leave. Employees are entitled to long service leave in line with Victorian long service leave laws (or per a relevant Award or Agreement). Parental leave policy Guidance note (delete afterwards): Entitlements listed here are based on the National Employment Standards. Unpaid parental leave Employees (including a de facto or same sex partner, or single person) who are expecting a child or adopting a child are eligible for 52 weeks of unpaid parental leave if they are: permanent full-time or part-time with at least 12 months service prior to the expected date of birth or adoption placement casual with 12 months regular and systemic service who have a reasonable expectation of continuing regular and systematic work After birth or adoption, the parent with responsibility for the care of the child is entitled to unpaid parental leave. Employees who are pregnant may commence leave up to six weeks before the expected date. Employees may request to extend their leave by a further 12 months (for a total of 24 months maximum), to be submitted in writing at least four weeks before the end of the original 12 months unpaid parental leave. {Business Name} will respond in writing within 21 days and may refuse only on reasonable business grounds. The written response will include details if the request is refused. Parental Leave types: Available Parental Leave types at {Business Name} include: Parental Leave Concurrent Leave Special Maternity Leave Parental Leave If you are the primary caregiver of your child, you can access up to 52 weeks of Parental Leave. Parental leave is unpaid except in the instances where an employee is eligible for Parental Leave Pay in line with legislation. Parental Leave with Pay is described in full in the following section. Concurrent Leave Both employees of an employee couple may take leave at the same time for a maximum period of 8 weeks. This leave must be taken within 12 months of the birth or adoption of a child. The concurrent leave may be taken in separate periods. Each period must be no shorter than 2 weeks unless the employer agrees. Special Maternity Leave Unpaid Special Maternity Leave is available to pregnant female employees in the case of pregnancy-related illness or if the pregnancy ends within 28 weeks of the expected date of birth. The duration of this leave should be agreed with the {Business Owners} as soon as is practically possible, and any unpaid Special Maternity leave will reduce the amount of Maternity Leave you are entitled to take by the same amount. Parental Leave Pay Guidance note (to be deleted): If your business has paid leave, include the details here including eligibility, length of leave and options for pay during leave. (This section includes reference to the government funded Paid Parental Leave Scheme) Available Parental Leave Pay types at {Business Name} include: Primary Caregiver Pay Dad and Partner Pay Please note that {Business Name} will only make payments in line with the two types of Parental Leave Pay detailed below. Where relevant, Parental Leave Pay will be paid in line with the standard {Business Name} pay cycles. Primary Caregiver Pay In line with legislation, eligible employees who are the primary caregiver may be entitled to 18 weeks paid leave, paid at the minimum wage. Please note that a child’s primary caregiver is the person who is most meeting the child’s physical needs. This will usually be the birth mother of a newborn child or the initial primary caregiver of an adopted child, even if your child is in hospital. This leave is not in addition to the 52 weeks parental leave mentioned above. Any periods of unpaid and paid Parental leave must not exceed 52 weeks in total. Employees may take subsequent periods of paid Parental Leave, however, in order to be eligible for this, you must return to work and complete a minimum of 12 months continuous service following your return from any previous paid Parental Leave. Dad and Partner Pay If your partner is the primary caregiver of your child, you may be entitled to 2 weeks of Government funded paid Dad and Partner Pay whilst on Concurrent Leave. It is your responsibility to check your entitlement to this payment with the Department of Human Services. Parental leave for partners Generally, only the parent with responsibility for the care and welfare of the child is entitled to take unpaid parental leave. However, up to three weeks unpaid parental leave may be taken at the same time by both members of an employee couple, with the period of concurrent leave starting on the day of the birth (unless the manager agrees to other arrangements). Applying for leave An employee wishing to take unpaid parental leave must provide written notice at least 10 weeks before starting the leave (or as soon as is practicable) including the intended leave start and end dates. Leave dates or any changes of dates must be confirmed at least four weeks before the leave starts. The manager will confirm the leave and any affected entitlements such as continuous service in writing. Adoption Because {Business Name} recognises that the timing of placement for an adopted child may be uncertain, employees should keep their manager informed of any changes to the likely placement date and commencement of leave. Other Paid leave Annual leave If the employee has paid annual leave available, he or she may, in agreement with the manager, take some or all of that leave at the same time as the unpaid parental leave. Time off for antenatal appointments, adoption interviews or examinations Personal leave may be available for attendance at medical appointments. Appointment times and the availability of leave should be discussed with the manager. An employee may take up to two days unpaid pre- adoption leave. Employees must provide notice of the leave including expected leave period as soon as practicable (which may be after the leave has started). If an employee requires more than two days pre-adoption leave, they should discuss their requirements with their manager. Leave for pregnancy related illness If an employee is ill during her pregnancy, she may access her ordinary sick leave entitlements, including any accrued leave. If an employee experiences extended illness due to pregnancy, she can access unpaid ‘special maternity leave’ for the period her treating doctor certifies is necessary. Special maternity leave is included in the 52 weeks available unpaid parental leave period. The employee must make a special maternity leave application as soon as practicable which details the period of leave required. The manager may request a medical certificate and if so, this must be provided by the employee. Loss of a child while pregnant If the pregnancy ends within 28 weeks before the due date without a live birth, the employee may take unpaid ‘special maternity leave’ for the period her treating doctor certifies is necessary. Unpaid parental leave is not available in this situation, instead special maternity leave applies. The employee must make a special maternity leave application as soon as practicable, specifying the expected leave period and providing a medical certificate, if this is requested by the manager. {Business Name} will be sensitive to the personal issues associated with this type of leave. During parental leave Even though the employee is on leave, they will continue to be protected against discrimination as an employee. See the Equal Employment Opportunity policy on page 31. {Business Name} respects that some employees do not want any contact while on leave, and others do. The manager should discuss with the employee what sort of communication the employee would like while on leave, and record this agreement. While an employee is on unpaid parental leave, {Business Name} will ensure that the employee is considered and kept informed of significant changes that may occur in the business. Where a decision will have a significant effect on the status, pay or location of the preparental leave position, the {Business Name} will take all reasonable steps to inform the employee and discuss the effect of the decision. During any restructures, employees on parental leave will be treated no less favourably than other employees and will be kept informed of the process. If an employee has applied for less than 52 weeks unpaid parental leave, they can extend the period of leave once to take the total leave up to a maximum of 52 weeks. The employee must give at least four weeks’ notice prior to the end date of the original leave period. A period of unpaid parental leave may be reduced by agreement between {Business Name} and the employee. An employee can resign while on parental leave but they must give the required notice of resignation as set out in {insert award/contract/letter of offer}. Employees should not undertake any activity during leave which is inconsistent with the employment contract, including other employment and they should remain responsible for the care of the child. The employee’s position may be filled on a temporary basis while they are on leave. {Business Name} will notify the replacement employee that their employment in this role is temporary and that the pregnant employee has the right to return to the position. Time in lieu policy Guidance: Overtime might be payable instead of time-in-lieu. This will be contained in the relevant award or agreement Make sure you know and follow the procedures set by an award or workplace agreement covering your workplace. Check with Fair Work Australia by calling the Fair Work Small Business Helpline on 13 13 94. {Business Name} will grant time in lieu to an employee who is required to work outside their normal hours. Time worked towards time in lieu must be approved in advance unless exceptional circumstances exist, in which case management will consider granting approval after the time is worked. Time in lieu will be added to the employee’s annual leave. {Business Name} will record time-in-lieu credits and debits. Generally, employee should take time in lieu in the same financial year within which they accrue it. A manager must approve time-in-lieu leave. An employee cannot accrue more than {X} hours of time in lieu. Leave without pay policy Guidance: Leave without pay may or may not count towards Long Service Leave, depending on the conditions of employment of your employees. If they are entitled to Long Service Leave under the Victorian Long Service Leave Act 2018, you may be able to agree in writing with your employees prior to them taking discretionary unpaid leave that it does not count towards Long Service Leave. Seek advice from an employer organisation, Wage Inspectorate Victoria on 1800 287 28, or check with Fair Work Australia by calling the Fair Work Small Business Helpline on 13 13 94 . Management has the discretion to approve leave without pay that an employee is not otherwise entitled to.