13.6 Maternity Leave and/or Parental Leave for Rehabilitation Clients

Policy Statement

Participants of DVA Rehabilitation will be supported to take maternity leave and/or parental leave, as required.

 

Authority

Authority is provided under:

 

Intent

The intent of this policy is to align DVA’s rehabilitation maternity leave/parental leave policy arrangements with that of the mainstream Australian workforce.

This policy provides direction regarding the interaction of maternity leave and parental leave arrangements while a veteran is or is about to participate in a DVA rehabilitation program.

 

Background

Many ADF personnel are transitioning out at a younger age therefore, it is likely that some veterans may seek access to maternity leave and/or parental leave while participating in a DVA rehabilitation program.

 

Eligibility

To be eligible to access maternity leave or parental leave, veterans commencing, or participating in a DVA rehabilitation program are required to provide documentary evidence of the need for maternity leave and/or parental leave.

NOTE: Paid parental leave eligibility may be impacted if a client is actively engaged in rehabilitation and in receipt of compensation payments. However, paid parental leave eligibility can only be formally confirmed by Services Australia after a client has made a claim with them and has provided details of their individual circumstances.

 

Overview

Maternity Leave

Clients participating in DVA Rehabilitation are able to access at least twelve (12) weeks maternity leave when required. If a client gives birth prematurely, they will still be entitled to the full twelve weeks maternity leave.

In circumstances where a pregnancy of at least twenty weeks ceases prior to the expected date of birth, the client may still access maternity leave. However, if a pregnancy of less than twenty weeks ceases, a client is unable to access maternity leave, but may choose to pause their rehabilitation through providing a medical certificate if unfit to undertake rehabilitation.

Clients undertaking rehabilitation on a voluntary basis may opt to have their rehabilitation plan reflect leave for an identified period, or for it to be closed.

 

Parental Leave

Parental leave allows employees to take time away from work for the birth or adoption of a child.

The term ‘parental leave’ encompasses several types of complementary entitlements, including:

  • employer-funded paid parental leave, including paid maternity leave
  • government-funded Parental Leave Pay
  • unpaid parental leave
  • adoption leave

Parental Leave Pay is a payment available through Services Australia to help families taking time off work to care for a newborn or newly adopted child. Eligible carers can choose to share Parental Leave Pay. This gives carers more flexibility to manage their work and care arrangements.

If the baby was stillborn, parents may apply to receive Parental Leave Pay. See Services Australia for further information.

 

Requirements

Maternity Leave

Clients are responsible for providing evidence (via medical certificate) of their pregnancy and anticipated due date. Following discussion with their rehabilitation provider or delegate, the clients anticipated leave should be reflected within their Rehabilitation Plan.

All maternity leave will normally commence six weeks prior to the due date, unless a medical certificate is received providing clearance to continue with the rehabilitation plan, with an end date identified. If a client’s maternity leave does not start within the six weeks pre-birth, any time not used in this period may be back-ended, allowing the client a full twelve weeks of maternity leave.

Clients will be assumed to have resumed active engagement with their rehabilitation plan six weeks post-birth, unless the client has discussed and identified alternate leave arrangements with their rehabilitation provider and/or delegate.

Clients undertaking rehabilitation and in receipt of incapacity payments must meet requirements of participation, as per the rights and obligations form. If indicating their intent to take paid parental leave following their maternity leave, the implications of pausing their rehabilitation plan must be clearly explained by the rehabilitation provider and/or delegate.

The rehabilitation provider and/or delegate must discuss ways in which the client’s rehabilitation plan can be reasonably amended to take into account their caring responsibilities while still working towards rehabilitation goals before a final decision regarding paid parental leave, and the pausing of the rehabilitation plan, is reached by the client. For example, if a client is unable to continue with return-to-work activities they may still be able to undertake psychosocial activities for a period which is the equivalent of paid parental leave time.

 

Parental Leave

Clients are responsible for providing evidence (via medical certificate; official documentation confirming birth or adoption) of their anticipated access to paid parental leave. This proposed action should be noted to allow for a pause in their rehabilitation plan. The note should include start and finish dates. Parental leave should not be recorded as an activity.

The rehabilitation delegate and incapacity delegate must advise the client of the implications of pausing their rehabilitation plan, direct clients to the Services Australia information, and provide support, as required, for them to determine eligibility and to apply for parental leave.

A client may not be eligible to take paid parental leave through Services Australia if they are actively engaged in rehabilitation and in receipt of compensation payments. If a client elects to take paid parental leave, their rehabilitation plan may be paused for the duration of the parental leave.

Due to Parental Leave now being a flexible arrangement, clear and regular communication between the client and the service provider or delegate is essential. Regular communication will reduce the risk of non-compliance or overpayment.

 

Related Policies, Legislation and Information

Policy
Legislation
DVA website
External website

 

Source URL: https://clik.dva.gov.au/rehabilitation-policy-library/13-rights-and-obligations/136-maternity-leave-andor-parental-leave-rehabilitation-clients

Last amended