Does he have the option to take parental leave at half pay therefore extending his period of leave? Obviously that is if it's allowed and financially okay for you.
I didn't think your workplace could have any say over when your DH takes leave. My workplace agreement stated if we BOTH worked for the same company that it couldn't happen - but if you're working for different companies can they REALLY stipulate something like that?
CM - it's not specifically her company that's dictating this, to the best of my knowledge it's federal legislation that places a limit on the amount of parental leave that can be taken by both parents. My understanding is that because the full amount of legally allowed parental leave can actually be taken by either parent (it doesn't have to be the mother - I think this is in place to ensure adequate leave rights for fathers should they be the sole or primary carer for whatever reason), the law is in place to prevent both parents within a family unit taking the full amount of parental leave as allowed by the award.
But it only applies to parental leave, annual leave does not going to affect parental leave entitlements.
Wow - learn something new every day! Thanks for that Suse.
I don't want to hijack the thread, but DF was never given any parental leave. He was told he could take his annual leave for as long as he likes (or had banked up) but was not given any paid leave. Is parental leave paid or unpaid? or both? I think I have some research to do before we have another.
Parental leave is unpaid.
As Suse said, it is driven by federal legislation. Basically it gives either parent the right to be at home caring for their child/ren without reprisal from their workplace. This applies even to casuals like me! provided there has been 12 months continuous employment at the same company.
(According to legislation) you are entitled to 1 year of unpaid leave, with a further 12 months if agreed by your workplace (in Argon's case it would seem they are ok with this).
The parent who is not taking long parental leave is entitled to one week at the time of birth. They can apply for an extension of short parental leave up to 8 weeks.
- this is what prompted me to look into it - DH's work told him he may not be able to take it - but he is legally entitled to one week.
As for annual leave, it is a separate thing, it is paid leave not unpaid and it forms part of your partners wages/salary... it is between them & their employer when they take it.
If your DH was given annual leave CM, he should still ahve been entitled to 1 week unpaid parental leave - the question is would you want to take it, if you have paid leave banked up, kwim?
My info is from the wageline website, I'm pretty sure it applies federally.
Thanks Jasp - makes perfect sense. He probably would have taken an extra week unpaid if he knew he could His annual leave began the day I was due, but I went 12 days over. Oh well.
Sorry to hijack - back to OP now
Thanks for letting me butt in.
Thanks everyone. Reading all your comments, and talking to DH last night (he basically told me I was a stress head!) I'm sure that any annual leave he takes does not need to be taken into account.
What was worrying me was that they can ask you to sign a statutory declaration and part of that is meant to be how much leave your partner is taking. I didn't want to say three weeks, and then have it slip out at work that he was going to be with me for two months, so they would think i lied!!
I am in the same boat as the PPs...
Your work place can have NO influence on what your husband does if her works for a nother company,
If you are at the SAME workplace then I understand...
If however you work at Company A and he at Company B, then it is non of Company As business wen and how long your partner take soff work, they have no right to ask, you have no obligation to tell them and they cannot dictate your leave based on a person who doesnt work for them. Hope that makes sense.
The policy will be there if you have a partner who works with you, and does not apply to you since your husband works in another company.
So you can take up to 2 years. Do you ave to tell them how much you are taking up front? I would be inclined to say take the 2 years and then you cna go back sooner if you need to, but if you take only a year straight off the bat, if you decide you want more time off it make it harder with your company to get that extra time.
WRT to hubby, he gets the 3 weeks, then his annual leave. So if you both want to be home as long as possible, then taking 5 weeks of his annual leave would be good. That way he gets 8 weeks home with the bubs and you , and still has a week up his sleeve if he needs it - they get sick or you do and you need a hand down the track. Always good having AL days up your sleeve for emergencies.
BellyBelly Member
His annual leave began the day I was due, but I went 12 days over. Oh well.
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