The Maternity Leave Agreement serves as a formal document establishing the terms and conditions of an employee's maternity leave period in accordance with Australian employment law. This agreement should be used when an employee is preparing to take maternity leave, typically implemented at least 10 weeks before the expected commencement of leave. The document encompasses statutory requirements under the Fair Work Act 2009, including leave duration, notice periods, and return-to-work guarantees, while also accommodating any additional company-specific benefits. It provides essential structure for managing the leave period, maintaining communication, and ensuring a smooth transition both into leave and back to work. The agreement is particularly crucial for documenting specific arrangements that go beyond statutory minimums and for establishing clear expectations for both parties during the leave period.
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1. Parties: Identifies the employer and employee entering into the agreement
2. Background: Sets out the context of the agreement, including the employee's role and pregnancy status
3. Definitions: Defines key terms used throughout the agreement
4. Commencement and Duration: Specifies the start date of maternity leave and expected duration
5. Statutory Entitlements: Outlines the employee's rights under the Fair Work Act and other relevant legislation
6. Notice Requirements: Details the required notice periods for starting leave and any changes
7. Leave Arrangements: Specifies the types of leave being taken (paid/unpaid) and their duration
8. Payment During Leave: Details any employer-provided paid leave and government parental leave pay arrangements
9. Communication During Leave: Establishes how the parties will maintain contact during the leave period
10. Return to Work: Outlines the return to work process and guaranteed position
11. Confidentiality: Addresses the handling of sensitive personal information
12. Variation: Procedures for varying the agreement
13. Governing Law: Specifies that Australian law governs the agreement
14. Execution: Signature blocks and execution details
1. Additional Company Benefits: Used when the employer offers benefits above statutory requirements
2. Flexible Working Arrangements: Include when specific arrangements for flexible work upon return are agreed
3. Keep in Touch Days: Include when specific arrangements for keeping in touch days are agreed
4. Handover Arrangements: Used when specific handover procedures need to be documented
5. Breastfeeding Provisions: Include when specific workplace accommodations for breastfeeding are agreed
6. Extended Leave Arrangements: Used when additional unpaid leave beyond statutory requirements is agreed
7. Career Development: Include when arrangements for maintaining professional development during leave are agreed
1. Schedule 1 - Position Description: Details of the employee's current role and return to work position
2. Schedule 2 - Leave Calculation: Detailed breakdown of leave periods and pay calculations
3. Schedule 3 - Handover Plan: Detailed plan for handover of duties before leave commences
4. Appendix A - Return to Work Plan: Template or agreed plan for returning to work
5. Appendix B - Communication Protocol: Detailed protocol for maintaining contact during leave
6. Appendix C - Relevant Company Policies: Copies or references to relevant workplace policies
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