StLau Posted April 11, 2016 Share Posted April 11, 2016 Hello can anyone share some advice or their experiences as the primary applicant of an approved 457 visa taking parental leave. I know there is the restriction of not being out of work for longer than 3 months. Is this flexible at all? I'm wondering if you can meet the minimum salary associated with the 457 visa in 6 months for example if you could take the remaining 6 months off work. Or is there an alternative that I'm not thinking of? Aside from the obvious one of waiting 2.5 years for PR to come through (tick, tock etc!) Failing that, I'd love to hear from people who have returned to work after 3 months? How did it go? People always grimace when i explain the potential situation so i'd love to hear from ya. Thanks :0) Link to comment Share on other sites More sharing options...
northernbird Posted April 11, 2016 Share Posted April 11, 2016 Hello can anyone share some advice or their experiences as the primary applicant of an approved 457 visa taking parental leave. I know there is the restriction of not being out of work for longer than 3 months. Is this flexible at all? I'm wondering if you can meet the minimum salary associated with the 457 visa in 6 months for example if you could take the remaining 6 months off work. Or is there an alternative that I'm not thinking of? Aside from the obvious one of waiting 2.5 years for PR to come through (tick, tock etc!) Failing that, I'd love to hear from people who have returned to work after 3 months? How did it go? People always grimace when i explain the potential situation so i'd love to hear from ya. Thanks :0) I would imagine you would have no chance. They will just find someone else to do the job. Link to comment Share on other sites More sharing options...
blossom Posted April 11, 2016 Share Posted April 11, 2016 Legally they have to let you have a year off if you are the mother of a newborn, the same as any other employee. If no newborn then no, you'd be breaking your visa conditions. Link to comment Share on other sites More sharing options...
ali Posted April 11, 2016 Share Posted April 11, 2016 Legally they have to let you have a year off if you are the mother of a newborn, the same as any other employee. If no newborn then no, you'd be breaking your visa conditions. I know someone at work who only got access to unpaid leave because she had been working with the service for a year (qualifying period) otherwise she only got the statutory mat leave Link to comment Share on other sites More sharing options...
blossom Posted April 11, 2016 Share Posted April 11, 2016 Yes. Staturory is one year UNPAID. That's all I get from my employer. I have PR so I get government paid parental leave for 18 weeks, but the amount of time I can have off without them being able to refuse is still one year. Link to comment Share on other sites More sharing options...
Tickled Pink Posted April 12, 2016 Share Posted April 12, 2016 To be eligible for even unpaid parental leave you have to have worked for the company for a minimum of 12 months. This is according to the Fair Work Ombudsman: Unpaid parental leave under the National Employment Standards Under the National Employment Standards (NES), employees (including long term casual employees) with 12 months or more of continuous service with an employer are entitled to take up to 12 months of unpaid parental leave from work, with the right to request an additional 12 months of unpaid parental leave, subject to some requirements under the Fair Work Act 2009 (the FW Act). The NES provides employees with a return-to-work guarantee, allowing them to return to the same position they held before they commenced their period of parental leave. If upon their return to work their pre-parental leave position no longer exists, the employee is able to be transferred to an available position which is nearest in status and pay to their pre-parental leave position, and for which they are suitably qualified. These provisions are discussed in more detail in the Parental leave and related entitlements and the National Employment Standards fact sheet, which is available on the Fair Work Ombudsman’s website. [h=2]Which employees are eligible for unpaid parental leave?[/h]All employees in Australia are eligible for unpaid parental leave if they have completed at least 12 months of continuous service with their employer. This includes casual employees, but only if: they have been employed by the employer on a regular and systematic basis for a sequence of periods over at least 12 months had it not been for the birth (or expected birth) or adoption (or expected adoption) of a child, they would have a reasonable expectation of continuing employment by the employer on a regular and systematic basis. https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/best-practice-guides/parental-leave Link to comment Share on other sites More sharing options...
northernbird Posted April 12, 2016 Share Posted April 12, 2016 If I was an employer who had paid a shed load of cash in visa fees to recruit an overseas worker I would be mightily pissed off if they then wanted to take a massive period of time off. Link to comment Share on other sites More sharing options...
Bungo Posted April 12, 2016 Share Posted April 12, 2016 If I was an employer who had paid a shed load of cash in visa fees to recruit an overseas worker I would be mightily pissed off if they then wanted to take a massive period of time off. I would be a bit too. However employers are not allowed to give overseas workers less favourable treatment than local workers. It protects everyone, if they could give less favourable terms to the overseas workers, then some are going to do that rather than employ locals. So it makes sense in the grander scheme. Link to comment Share on other sites More sharing options...
northernbird Posted April 12, 2016 Share Posted April 12, 2016 I would be a bit too. However employers are not allowed to give overseas workers less favourable treatment than local workers. It protects everyone, if they could give less favourable terms to the overseas workers, then some are going to do that rather than employ locals. So it makes sense in the grander scheme. I appreciate that but 457 workers are recruited on the basis that there is a shortage here so if that person then leaves temporarily it's harder for them to recruit a temp replacement. Link to comment Share on other sites More sharing options...
Sammy1 Posted April 12, 2016 Share Posted April 12, 2016 I appreciate that but 457 workers are recruited on the basis that there is a shortage here so if that person then leaves temporarily it's harder for them to recruit a temp replacement. I would also say that the employer would be less inclined to offer a PR route afterwards as they have had to employ another person so soon. I strongly believe in maternity rights of course, however, to take maternity soon after starting a 457 is a bit cheeky. Link to comment Share on other sites More sharing options...
blossom Posted April 12, 2016 Share Posted April 12, 2016 The op doesn't actually say how long they have been employed. Link to comment Share on other sites More sharing options...
StLau Posted April 12, 2016 Author Share Posted April 12, 2016 Hi all thanks for all the above feedback. Just to clarify I'm planning ahead. I've been with the company just over 6 months already (on a working holiday visa initially) but only just got the 457 so factoring in the 9 months even if I conceived in a couple of months I would be with the company 1.5 years before leaving for parental leave. That doesn't seem too cheeky to me but I can appreciate why it might come across like that. It must happen a fair bit though to have built up the right skills to gain a 457 you are entering child bearing age and if legally it's acceptable after 12 months then what's the harm? I'm not claiming any money from anyone will pay my way and contribute as much as I can to stay in this amazing country. Link to comment Share on other sites More sharing options...
blossom Posted April 12, 2016 Share Posted April 12, 2016 Hi all thanks for all the above feedback. Just to clarify I'm planning ahead. I've been with the company just over 6 months already (on a working holiday visa initially) but only just got the 457 so factoring in the 9 months even if I conceived in a couple of months I would be with the company 1.5 years before leaving for parental leave. That doesn't seem too cheeky to me but I can appreciate why it might come across like that. It must happen a fair bit though to have built up the right skills to gain a 457 you are entering child bearing age and if legally it's acceptable after 12 months then what's the harm? I'm not claiming any money from anyone will pay my way and contribute as much as I can to stay in this amazing country. As someone who was on a temporary visa for five years, right at prime child having age, and currently pregnant with my second at 37, I'd really advise you to wait until you have PR. If your baby was born with health issues you could face having to leave and never being eligible for PR. Also, once you have PR you would be able to get paid parental leave, rent assistance and family benefits (family income permitting). Believe me, PPL at least really helps. Link to comment Share on other sites More sharing options...
Suzukiscottie Posted April 12, 2016 Share Posted April 12, 2016 How good a footing are you on with your employer? Are they just a small outfit or a large international enterprise type of business? What would you do if your employer engineered a redundancy situation? Sent from my iPhone using Tapatalk Link to comment Share on other sites More sharing options...
bell123321 Posted April 12, 2016 Share Posted April 12, 2016 Just having a look on the internet this government link says 457 visa holders are allowed 12 months unpaid leave. https://www.border.gov.au/visas/SiteAssets/457-your-rights-work.pdf Are you able to get a permanent visa before as this would make it a lot easier for you I would imagine. Hope all works out Link to comment Share on other sites More sharing options...
Tickled Pink Posted April 12, 2016 Share Posted April 12, 2016 Just having a look on the internet this government link says 457 visa holders are allowed 12 months unpaid leave. https://www.border.gov.au/visas/SiteAssets/457-your-rights-work.pdf Are you able to get a permanent visa before as this would make it a lot easier for you I would imagine. Hope all works out 457 visa holders are eligible for the unpaid leave, no one is saying otherwise - BUT - a 457 visa holder, as a temp resident, is not eligible for a whole range of other financial aspects - inc. child care rebate (which if going back to work may be a very helpful thing to be able to access). Also, as Blossom has said, if the baby is born with any complications it could present issues for PR later on. I am expecting right now, I have been fit and healthy all my life, was deemed to be a low risk/no expected complications pregnancy. Sadly it has been anything but, and no one could have predicted in advance this would be the case. There may be some complications which will need further treatment, we will find out on delivery. I know I wouldn't want the stress of being on a temp visa at this point... but each to their own - just making the point that some things just happen, and cannot be planned for. So to cover yourself in ways that you can is probably worth serious consideration for the long term picture. Link to comment Share on other sites More sharing options...
bell123321 Posted April 12, 2016 Share Posted April 12, 2016 457 visa holders are eligible for the unpaid leave, no one is saying otherwise - BUT - a 457 visa holder, as a temp resident, is not eligible for a whole range of other financial aspects - inc. child care rebate (which if going back to work may be a very helpful thing to be able to access). Also, as Blossom has said, if the baby is born with any complications it could present issues for PR later on. I am expecting right now, I have been fit and healthy all my life, was deemed to be a low risk/no expected complications pregnancy. Sadly it has been anything but, and no one could have predicted in advance this would be the case. There may be some complications which will need further treatment, we will find out on delivery. I know I wouldn't want the stress of being on a temp visa at this point... but each to their own - just making the point that some things just happen, and cannot be planned for. So to cover yourself in ways that you can is probably worth serious consideration for the long term picture. I didn't say anyone was saying otherwise :-\ I was just trying to help the OP but I couldn't find much information just about the unpaid part. That was also why I asked if OP could get PR first due to the benefits that come with having a PR. I am sorry to hear about your complications I hope you and your baby are okay and the complications upon delivery are limited. Link to comment Share on other sites More sharing options...
blossom Posted April 12, 2016 Share Posted April 12, 2016 457 visa holders are eligible for the unpaid leave, no one is saying otherwise - BUT - a 457 visa holder, as a temp resident, is not eligible for a whole range of other financial aspects - inc. child care rebate (which if going back to work may be a very helpful thing to be able to access). Also, as Blossom has said, if the baby is born with any complications it could present issues for PR later on. I am expecting right now, I have been fit and healthy all my life, was deemed to be a low risk/no expected complications pregnancy. Sadly it has been anything but, and no one could have predicted in advance this would be the case. There may be some complications which will need further treatment, we will find out on delivery. I know I wouldn't want the stress of being on a temp visa at this point... but each to their own - just making the point that some things just happen, and cannot be planned for. So to cover yourself in ways that you can is probably worth serious consideration for the long term picture. What a horrible situation to be in. How far along are you? I'm 26 weeks. This also brings up another point. I know you are entitled to the year unpaid from when the baby is born, but I'm not sure how it would affect your visa if you had issues and couldn't work during the pregnancy. Two women I work with we hardly saw in their pregnancies. One was on hospital bed rest for months due to an incompetent cervix. The other was having twins and her heart wasn't handling it well. I know last pregnancy I had lots of problems with my kidneys, which luckily went away when she was born, but there was a chance of permanent damage. Your chances of PR could be gone for good then. Link to comment Share on other sites More sharing options...
robfromdublin Posted April 12, 2016 Share Posted April 12, 2016 I would be wary of an engineered redundancy/sacking, which would be especially bad in your case because your residency is tied to your employment. I didn't think sacking pregnant women was a thing in this day and age but my wife was subjected to it by one of Australia's largest companies shortly after falling pregnant with our first 3 years ago. It was a fairly cut and dried case of wrongful dismissal but we didn't pursue it because the last thing you go looking for in your first pregnancy is additional sources of stress. I'm not saying that all employers are like that obviously but with so much at stake I would get PR if it is at all possible. It may not be of course but you should discuss contingency plans if you are forced to leave the country mid-pregnancy. Link to comment Share on other sites More sharing options...
Tickled Pink Posted April 12, 2016 Share Posted April 12, 2016 What a horrible situation to be in. How far along are you? I'm 26 weeks. This also brings up another point. I know you are entitled to the year unpaid from when the baby is born, but I'm not sure how it would affect your visa if you had issues and couldn't work during the pregnancy. Two women I work with we hardly saw in their pregnancies. One was on hospital bed rest for months due to an incompetent cervix. The other was having twins and her heart wasn't handling it well. I know last pregnancy I had lots of problems with my kidneys, which luckily went away when she was born, but there was a chance of permanent damage. Your chances of PR could be gone for good then. Yes, this is a really good point. I have had so many hospital appointments, up to twice a week at times. I had to begin parental leave 3.5 weeks earlier than planned. I also had a hospital admission. So yes, time off can be necessary before as well as after... and there is no way of knowing this will happen. Blossom - I'm in my last couple of weeks now, I'll be so glad to be over this phase. Link to comment Share on other sites More sharing options...
Raul Senise Posted April 12, 2016 Share Posted April 12, 2016 Be mindful that if you if you are planning on PR via the Temporary Resident Transitional pathway, periods of unpaid leave do not count towards the 2 years. Link to comment Share on other sites More sharing options...
rammygirl Posted April 13, 2016 Share Posted April 13, 2016 Is it just me or did the OP seem they were assuming PR would be automatic after 2 years? Personally I would wait for PR before getting pregnant, you could easily find yourself with no visa and having to leave, baby or not. You need to consider your route to PR as a priority and do not assume your employer will sponsor you, even if they say they will. Plenty of people on here have fallen foul using this plan! Can your partner apply for PR Maybe? Link to comment Share on other sites More sharing options...
Tickled Pink Posted April 13, 2016 Share Posted April 13, 2016 Is it just me or did the OP seem they were assuming PR would be automatic after 2 years? Personally I would wait for PR before getting pregnant, you could easily find yourself with no visa and having to leave, baby or not. You need to consider your route to PR as a priority and do not assume your employer will sponsor you, even if they say they will. Plenty of people on here have fallen foul using this plan! Can your partner apply for PR Maybe? I guess it depends on how old the OP is. Sometimes waiting might meet never... in which case I'd take the risk if I wanted children. Moving back to the UK isn't the end of the world if its a choice in that sense. Just got to be open minded that it might need to happen. Link to comment Share on other sites More sharing options...
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