Employment security, higher duties, and promotions on parental leave
Queensland Teachers' Journal, Vol 131 No 7, 2 October 2026, page no.14&15
The QTU has had several members reach out for advice around what happens if someone in a long-term acting role becomes pregnant and takes parental leave. There have also been concerns raised about eligibility for conversion and ability to apply for, and be appointed to, a permanent classified role.
This has uncovered some fairly widespread misconceptions around promotional opportunities while pregnant.
There are very clear provisions within the Public Sector Act and the related Paid Parental Leave Directive with respect to promotion and higher duties while on approved parental leave. In essence, every employee on approved parental leave maintains their rights to higher duties, promotion, conversion, and relocation as if they were not on parental leave. In other words, with respect to decisions about promotion and higher duties, employees should be treated the same way they would have been treated if they had not become pregnant.
The public sector directive 08/24 Paid Parental Leave states:
“12.12 Promotion
(a) An employee on paid or unpaid parental leave continues to maintain their rights to promotion as if they were on duty. An employee can apply for and succeed in being promoted and transferred, as well as lodging appeals and grievances.
(b) An employee cannot be denied promotion because they are unavailable to take up duty before the completion of the paid or unpaid parental leave.”
“12.14 Higher duties amount while on paid parental leave:
An employee on parental leave who is paid higher duties amount under the Higher Duties Directive before taking the leave is to be paid for the leave in accordance with the provisions of the Higher Duties Directive. Such employees taking half-pay leave options are not to be disadvantaged by this provision.”
Additionally, the Queensland Human Rights Commission Section 7c outlines some strong pregnancy related legal protection under the Anti-Discrimination Act 1991 Part 4 Division 2.
This means an employee acting in a promotional role can (and should) absolutely hold their position while on parental leave. An employee can also be extended in that position throughout their parental leave and can apply for conversion under Directive 03/23 while on parental leave if the position becomes vacant. Preventing them from doing so would be a breach of the directive.
If it could be reasonably assumed that the employee would have continued in the role if they were not pregnant, they cannot be discriminated against and removed from the role, even while on parental leave (paid or otherwise). This is important, because any break in service would render them ineligible for conversion if all other criteria were met, which would be viewed as discriminatory at a number of levels.
Instead of cancelling their higher duties, they should be extended and the position advertised for backfill behind the person who has taken parental leave.
With respect to decisions about promotions and relocations, each decision should be taken as if the employee was on duty.
We encourage any affected employees to reach out to the QTU should they require further information or advice about this matter.