- Laws of Fiji

Last Updated: 1 December 2016

[POL 12,330] Maternity leave18

(1) An officer shall not be permitted to return to work within a period of 42 days following her confinement.

(2) For the purpose of this Regulation—

(a)On the first 3 occasions of confinement, officers, both permanent and temporary shall be granted maternity leave on full salary up to a maximum absence of up to 84 days covering the period before and after confinement, provided that if the officer is unfit to return to duty as a result of illness arising out of pregnancy or confinement at the end of this time, she may be granted, by the Commissioner of Police, leave of absence without salary for a further period of up to 60 days and no further extension of leave shall be granted without the prior approval of the Commissioner of Police.
(b)After the first 3 occasions of confinement officers, both permanent and temporary, shall be granted leave without salary up to a maximum absence of up to 84 days before and after confinement, but during period of leave without salary, the officers shall be paid an allowance of $5 per day including Saturdays, Sundays and public holidays and, in the event of the officer being unfit to return to duty as a result of illness arising out of pregnancy or confinement at the end of this period, she may be granted, by the Commissioner of Police, leave of absence without salary for a further period of up to 60 days, but no allowances will be paid during this period and no further extension of leave shall be granted without the prior approval of the Commissioner of Police.
(c)An officer, whether permanent or temporary who has had maternity leave on 3 occasions under the previous conditions shall be subject to the provisions of (b) above in respect of future occasions and if she has had such leave on less than 3 occasions under the previous terms, she shall be subject to the provisions of (a) above for the appropriate number of occasions in future, before she is subject to the provisions of (b) above.
(d)An officer who has rejoined the service and has had maternity leave on at least 3 occasions during her previous service or has had 3 or more children, shall be subject to the provisions of (b) above and, if she has had such leave on less than 3 occasions or has less than 3 children, she shall be subject to the provisions of (a) above, in respect of the appropriate number of such occasions before she is subject to the provisions of (b) above.
(e)An officer who, on joining the service for the first time, has 3 or more children, shall be subject to the provisions of (b) above or, if she has less than 3 children, she will be subject to the provisions of (a) above, in respect of the appropriate number of such occasions before she is subject to the provisions of (b) above.
(f)Any leave arising out of pregnancy or a miscarriage before the officer takes her maternity leave shall be counted against sick leave for which the officer may be eligible and it will be counted against maternity leave if the officer has taken all sick leave for which she may be entitled.
(g)Where the allowance referred to in (b) above is payable, payment shall be made in one sum in advance.
(h)Officers shall not be allowed to resume duty before the expiry of their maternity leave.
(i)Any annual leave due to the officer before commencement of maternity leave shall not be absorbed into the maternity leave.
(j)An officer who takes maternity leave shall be granted annual leave on a pro rata basis for the number of months service from the date of resumption of duty after maternity leave to the end of the officer's leave year.

[subreg (2) am LN 56 of 1994 reg 4, effective 1 January 1993; LN 99 of 2016 reg 204, effective 1 December 2016]