How do parental leave provisions in my employment agreement apply?
Some employment agreements include parental leave provisions.
You may have a choice of parental leave provisions if your employment agreement has provisions that are as favourable as, or more favourable than, those provided by law. This is lawful if the employment agreement has adequate arrangements for the following:
- who can take parental leave
- how long the various types of leave last
- how well your job is protected during and after parental leave
- what obligations, if any, your employer has to pay you during the leave
- what procedures you have to follow.
Examples of enhancement to the statutory entitlements can include:
- full income replacement from your employer for a period
- lump sum payments on return to work
- rights to return on flexible hours at the end of the leave period.
You can use your employment agreement leave provisions if they are as favourable or more favourable as those provided by law. Your employment agreement cannot change your eligibility for the government parental leave payments, however you can receive additional payments through your employment agreement.
