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Local Government Parental Leave & Flexible Working Arrangements FAQs

1. Are employees under the Local Government Award 2020 entitled to paid parental leave?

Yes, employees who meet the eligibility criteria are entitled to paid parental leave in accordance with the Paid Parental Leave Act 2010 and employees may also have an entitlement to parental leave make up pay, under section 22(G) of the award.

2. Can employees under the Award take concurrent parental leave?

Yes, an employee (other than a casual), who is a supporting parent shall be entitled to up to 2 weeks paid concurrent parental leave from their accrued sick leave balance, provided that they have at least 12 months continuous service.

Refer clause 22(H) of the Award.

3. Are employees entitled to Adoption leave?

Yes, an employee will receive Adoption Leave entitlements if they meet the eligibility criteria in the Fair Work Act 2009, refer to Clause 22(I).

4. Can an employee request a flexible working arrangement?

Yes, requests for a flexible working arrangement can be made by employees who meet the following criteria

  • is the parent, or has responsibility for the care, of a child who is of school age or younger
  • is a carer (within the meaning of the Carer Recognition Act 2010 (Cth)
  • has a disability
  • is 55 or older
  • is experiencing violence from a member of the employee’s immediate family
  • or where an employee can demonstrate a genuine need for flexible work and leave arrangements to attend to work and family responsibilities.
5. How can an employee request a flexible working arrangement?

A request must be made in writing and set out the details of the change sought and of the reasons for the change.

The employer must consider the request and give the employee a written response to the request within 21 days, stating whether the employer grants or refuses the request.

The employer may refuse the request only on reasonable business grounds.

See Clause 23 (i) to (ix) of the Award.

6. Are there any Phased Retirement options under the Award?

Yes, by agreement. Please refer to clause 24.

The agreement may be varied from time to time (by agreement) to suit the specific needs of the Local Council.

See clause 24 (iii) for further details.

7. How many days are available for family and domestic violence leave?

10 days’ paid leave for full-time and part-time employees. Casual employees are unpaid.

8. Does family and domestic violence leave accrue each year?

No, it is available at the start of each year of service of the employee but does not accumulate from year to year.