Teacher Cameron Long ordered to pay back parental leave by Education Department

A teacher has launched a legal battle after bureaucrats demanded he pay back his parental leave payments following the birth of his twins.

A dedicated Illawarra teacher has launched a legal battle against the NSW Education Department, after cruel bureaucrats demanded he pay back thousands in parental leave following the birth of he and his partner’s twins.

Twins Ezekiel and Montana Long are blissfully unaware of the pain bureaucrats are putting their doting dads, Cameron and Morgan, through.

Cameron Long with children Montana and Ezekiel. Picture: Madeline Crittenden

After an overseas surrogate pregnancy, a stay in intensive care and international border closures, the Long family is now facing its toughest challenge yet — a looming discrimination claim against Cameron’s long term employer.

On Father’s Day in 2019, Cameron and Morgan received the greatest gift possible, an email saying their Mexican surrogate was pregnant with two healthy babies.

Montana and Ezekiel were due to be delivered via C-section on April 30, 2020.

Cameron and Morgan had spent the months leading up to the date preparing for their arrival, but when coronavirus hit, only Cameron was able to make it to Mexico on time.

“It was upsetting,” Morgan said. “I got a message as Cameron was transiting saying the twins had been born early.”

Montana then underwent surgery and spent 10 days in intensive care.

COVID-19 caused the new dads even more stress, with Morgan unable to meet the newborns until the end of May, when they were finally able to secure flights home.

“I was at the airport waiting for Cameron and the twins but I wasn’t allowed in the terminal, so I was sitting at a bus stop with the Australian Defence Force and police,” Morgan said.

“Everybody around me started crying when Cameron and the kids finally walked through, it was surreal and quite a nice moment.”

Morgan (left) and Cameron Long (right) with children Montana and Ezekiel. Picture: Madeline Crittenden

But Cameron claims bureaucrats from the Education Department have now demanded he pay back 14 weeks in parental leave, and the entitlements accrued along with it.

Cameron has been working for the department for the past five years, and when the twins were born, applied for 14-weeks paid parental leave and one year of unpaid leave under a policy for surrogate parents.

As the primary carer and biological father of their children, he was paid the leave, however, he claims the department told him he needed a “parentage order” to complete the process.

The couple’s lawyer, Diana Foye, said Cameron couldn’t actually obtain a parentage order as he was the biological father of the children.

“The department’s policy allows for a female biological parent to be paid 14 weeks leave and get 12 months unpaid leave so they can obviously spend time with the children,” she said.

“In the surrogate part of the policy it allows for the same to occur once they get a parentage order — but in Cameron’s case he’s a male biological parent so he can’t go through that process, and is therefore exempt.”

Montana and Ezekiel Long. Picture: supplied

Cameron sought the help of Ms Foye in his fight against the Department, noting the toll it had taken on him and his young family.

“It’s so taxing and I just want to enjoy my family,” Cameron said.

“I am the primary carer of the children and I don’t feel like I should be discriminated against because I don’t fit into department policy.”

Ms Foye undertook conciliation with the department at the end of January.

“There is currently a gap in the NSW Department of Education’s policies that needs to be remedied as their policies currently discriminate against men such as Cameron who arguably have more of an entitlement than a surrogate given he is the biological parent,” she said.

“A parentage order is not required for eligibility for the Centrelink Paid Parental Scheme.”

The Department refused to comment on Cameron’s case when approached, however said it had followed all correct protocols.

“NSW Education has followed the relevant legislative requirements for government sector

employees, in regards to this matter and the related concerns raised,” a spokesman said.