Human Resources

Adoption Leave

Public Service

Paid leave

An employee, other than a casual, who is an approved applicant for the adoption of a child is entitled to paid adoption leave provided the employee has had a minimum of twelve months continuous paid service.  If he or she is the primary care giver, the employee is entitled to fourteen weeks' paid leave.  Where the employee is the child's secondary care giver, one week's paid adoption leave will be granted. The Department may allow an employee to take adoption leave at half pay for a period equal to twice the period to which the employee would otherwise be entitled.

The conditions regarding qualifying service for adoption leave and payment during a period of leave are the same as those specified for parental absence.

Adoption leave can be taken either before and/or after the adoption.

When both adopting parents are employed by the Department and apply for leave in respect of the placement of the same child, only one employee is eligible for the full adoption leave period as the primary care giver.

Where no legal adoption ensues, the employee has no further entitlement to leave.

Leave under other circumstances

In circumstances not covered by the above, the manager may grant adoption leave where the employee has the daily care and control of a child following the adoption by the employee of a child who is his/her relative, or the employee becoming the guardian of a child pursuant to a will.

Unpaid adoption leave

An employee is entitled to adoption leave without pay provided:

  • the employee has had a minimum of twelve months continuous employment in the VPS; and
  • the employee is the child's primary care giver throughout the period of leave; and
  • the aggregate period of leave granted (including any paid leave) does not exceed 52 weeks; and
  • the period of leave does not extend beyond the first anniversary of the date of placement of the child.

An employee who is the secondary care giver is entitled to 2 weeks’ unpaid adoption leave.

An eligible casual employee is entitled to unpaid adoption leave. The conditions regarding the eligibility of a casual employee for such leave are specified on the Parental Absence page.

Return to Work

An employee must confirm his or her intention of returning to work by notice in writing to the Department, given not less than four weeks prior to the expiration of the period of adoption leave.

The return to work can be on a part-time basis by agreement between the employee and the manager until the commencement of the child's schooling. The Department will not unreasonably withhold agreement to such part-time work requests.

Refer to Procedures on the Parental Absence page for further details.

Permanent Care Leave

An employee, other than a casual, who is granted custody of a child under the age of five years under the Children, Youth and Families Act 2005 by the Children's Court or the Family Court, and the employee is the primary care giver for the child, will be entitled to fourteen weeks' paid leave at a time to be agreed.

Supporting documentation

An application for leave must include a statement from:

  • an adoption agency or other appropriate body of the expected date of placement, or
  • the appropriate government authority confirming that the employee is to have custody of the child pending application for an adoption order, or
  • the Children’s Court or the Family Court as to the granting of custody.

An application for adoption leave will also need to include a statutory declaration stating:

  • that the child is an eligible child, whether the employee is taking a period of leave and the particulars of any other authorised leave to be taken because of the placement;
  • except in relation to leave taken simultaneously with the child’s other adoptive parent, that the employee is seeking adoption leave to become the primary care-giver of the child;
  • particulars of any period of adoption leave sought or taken by the employee’s spouse; and 
  • that for the period of adoption leave the employee will not engage in any conduct inconsistent with their terms and conditions of employment.

As a general rule, the employee must make application for such leave at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken.

 

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