Partner's leave restrictions

Hi all,

I'm hoping to get some advice to figure out how me and my husband can structure time off after the birth.

We're expecting twins in September and we're keen to both be at home together with them for as long as possible after the birth.

I am entitled to take up to two years off at my work but I won't be taking the full two years off, only about a year. My work policy says that my partner can't take paternity leave at the same time as I take maternity leave except for four weeks after the birth of the baby.

My husband's work gives him three weeks partner's leave, so he will take that. But then, he has about six weeks of annual leave accrued as well. If he takes the three weeks leave and then wants to take a few weeks annual leave immediately after, does that breach my company's policy that only four weeks parental leave can be taken at the same time? As in, does the annual leave bit count as parental leave?

Thanks in advance for any advice. I feel almost embarrassed to ask, because we're so lucky to have workplaces with such good policies, but with twins on the way I'm keen for him to be as home with me for as long as he can stand it!!!

Thanks,

Argon

Totally understand you wanting him home with you for as long as possible!

As far as I know your company's policy is pretty much standard re both parents taking leave at the same time.
My understanding is that it only relates to parental leave, ie only one parent at a time can take long parental leave - but I don't think that relates to holidays, and I wouldn't think it relates to partner leave either as that is offered by his company, kwim?

In any case he should be able to take the partner leave & then any annual leave owing. I think the question would be more if his company is happy for him to string it together like that (yeah they should but some wouldn't be..)

And keeping in mind...if you are on Maternity leave for 12 months do they expect him to not take any annual leave at all during that time? That would be unreasonable... so for that reason too I am thinking he can take his annual leave whenever he likes...

ETA not sure what state you are in or what workplace laws etc apply to you both but check it out online. For eg I looked up QLD gov workplace relations for my DH when he was told he may not be able to take leave (grr). Not the same situation as you, as I am only casual, but useful for us if we need to make an argument to his work...

HTH :D

There is a distinction between parental leave and annual leave. The restriction regarding taking leave at the same time applies only to parental leave. You DH should be able to apply for the annual leave after his parental leave with no problems. Of course this is subject to any restrictions in his Award, Collective Agreement etc, but generally what you are seeking shouldn't be a problem.

Hi Argon,
I may not have properly understood your explanation of your works policy, but I wouldn't have thought it would be your works business if your DH chooses to take time off work, unless you happened to work at the same company? How would they know he was taking time off?

Thanks to all of you for your comments. Jasp, i hope things work out with your partner's leave - imagine not allowing a father time off when his baby is born!!

Laurena - I thought the same as you, it should be none of their business!! But unfortunately it is: it may not be the same everywhere, but in NSW the government policy restricts parental leave taken at the same time. The standard restriction is that only a week of short leave is allowed to be taken at the time of birth by the partner. It' s on here: Parental leave - NSW Office of Industrial Relations

"A worker and their spouse may not take parental or partner leave at the same time, except where one spouse or partner is on a period of 'short paternity or partner leave' or 'short adoption leave'."

Companies can have industrial agreements which allow for more than this, such as my work where they allow for four weeks of leave to be taken at the same time.

When you put your leave in they can ask you to sign a stat dec declaring how much leave your partner is taking. This is what worries me - I don't want to sign a stat dec saying that DH is taking three weeks off, if he is in reality taking six. I guess I can always plead ignorance and say it never occurred to me that the annual leave would count!

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 might be totally off here but...

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.

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.

Good luck!! :) And welcome to BB!!

Lex x

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.

HTH :)

Thanks Jasp - makes perfect sense. He probably would have taken an extra week unpaid if he knew he could :doh: 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.

This thread might also help - it's an overview of the existing legislation

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!!

But it sounds like it's all good and above board. :p

Thanks again!

fwiw - i think it's to do with the wording - paternal leave v maternity/maternal leave v PARENTAL leave

paternal/paternity leave is the amount offered by your employer (in this case, three weeks paid - for my DH, it's a single week of leave). maternity leave is offered by employer as well - and generally includes the period of 6weeks post birth.

paternal leave is the period covering the first twelve months of the childs life, in which EITHER parent is able to take the time unpaid after the expiry of any paid leave. basically it's leave without pay, and only one parent can be on that type of leave at any time

please make sure you tell your employer DH gets paid PATERNITY leave, not PARENTAL leave - it should eliminate any confuzzlement!

I went through all of this when organising my own maternity leave, it's really a headache isn't it?
I'm in Victoria & I also had to sign a stat dec stipulating how much parental leave my DH was taking when I put in my own application for 12 months parental leave.
My DH was entitled to 4 days off, starting the day I went into labour. To me this is just ridiculous so he is having 6 weeks annual leave instead.
As the stat dec was asking about parental leave NOT annual leave I didn't feel obligated to tell them anything. I said he was not taking any parental leave & left it at that.

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As the stat dec was asking about parental leave NOT annual leave I didn't feel obligated to tell them anything. I said he was not taking any parental leave & left it at that.

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Sounds good to me. Thanks for your feedback CheezelMonster!