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Professionals Australia union argues existing rules on paid parental leave are discriminatory towards straight fathers

Straight men in the public service do not get access to the same parental leave as fathers of adopted children or homosexual men. A union is making the case for why the laws should change. But the treasurer has warned it could lead to double dipping.

Campaign for women who suffered stillbirth to get paid parental leave

Straight men would get access to 20 weeks paid parental leave in the public service, under a plan being pushed by the union representing white collar workers.

Professionals Australia is arguing existing rules are discriminatory, as they launch a bid to get them changed.

But Treasurer Rob Lucas said the proposal was not what taxpayers wanted their money spent on during a global health and economic crisis.

The South Australian Public Sector Enterprise Agreement, updated in 2017, allows parental leave for all women, as well as fathers of adopted children, in the case of surrogacy and in the circumstances of a homosexual relationship.

The South Australian Public Sector Enterprise Agreement allows parental leave for all women, as well as fathers of adopted children, in the case of surrogacy, and in the circumstances of a homosexual relationship. Picture: iStock
The South Australian Public Sector Enterprise Agreement allows parental leave for all women, as well as fathers of adopted children, in the case of surrogacy, and in the circumstances of a homosexual relationship. Picture: iStock

Of those, full-time public servants employed for between one and five years get access to 16 weeks paid paternity leave.

Those that have worked more than five years get access to 20 weeks. The one category excluded from accessing the 16 and 20 week parental leave are new fathers in heterosexual relationships, who are entitled to two weeks parental leave.

If their heterosexual partner works in the public sector it is possible to use some of their leave entitlements.

SA Director of Professionals Australia Sarah Andrews said this was unfair, penalising both men and women in heterosexual relationships. “It says – if you’re a man who is homosexual or an adopted father, you get to care for your child after birth with support from the government, but if you’re straight, you should be back at work,” Ms Andrews said.

Professionals Australia SA director Sarah Andrews said the current arrangement was unfair. Picture Brad Crouch
Professionals Australia SA director Sarah Andrews said the current arrangement was unfair. Picture Brad Crouch
Treasurer, Rob Lucas said there was an allowance for the 20 weeks leave to be shared by both the father and the mother in whatever breakdown they chose, and the new plan was unsustainable. Picture: Matt Loxton
Treasurer, Rob Lucas said there was an allowance for the 20 weeks leave to be shared by both the father and the mother in whatever breakdown they chose, and the new plan was unsustainable. Picture: Matt Loxton

“The Government shouldn’t determine the care arrangements for a family, that should be a decision for the family to make,” Ms Andrews said.

“But this provision effectively leaves people in heterosexual relationships with no choice about who should care for their child after birth – only the woman has access to paid leave.

Professional Australia had taken the issue to the employment tribunal but stepped away on Tuesday.

Mr Lucas said there was an allowance for the 20 weeks leave to be shared by both the father and the mother in whatever breakdown they chose, and the new plan was unsustainable.

“The mother could take none and the father could take twenty,” he said.

“Their argument is that the father is entitled because it is non-gender specific.”

“The provisions at the moment are very generous for public servants, compared to others in the private sector,” he said.

“We are not going to be supporting a proposition that would basically allow two public servants, a father and a mother, to get a combined 40 weeks paid leave.

“I think South Australians would say you are already being treated pretty well, we are in the middle of a pandemic, we don’t have any money to scratch ourselves with.”

Professionals Australia say their bid is not about double dipping.

The proposed changes would be one of the most generous schemes for straight men in the country but the union is arguing it would give families the choice of who should be able to take a break in their career for the first few months of their child’s life.

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Original URL: https://www.adelaidenow.com.au/news/south-australia/professionals-australia-union-argues-existing-rules-on-paid-parental-leave-are-discriminatory-towards-straight-fathers/news-story/d39c5d4ee439c9e823b0c516c9f0cb83