Personal/Carer’s Leave 18.1 Entitlement to paid personal/carer’s leave
a) Paid personal leave will be available to an Employee (other than casual Employees) when they are absent due to:
(i) personal illness or injury (sick leave); or
(ii) for the purposes of caring for an immediate family or household member who is sick and requires the Employee's care and support (carer's leave).
b) The amount of personal leave to which an Employee is entitled is as follows:
(i) Upon commencement of employment Employees will automatically be credited with 5 days Personal and/or Xxxxx’s leave. After 6 months of employment, the leave will begin to accrue progressively up until it reaches 10 days at the conclusion of 12 months employment.
(ii) Once the Employee has completed one year of continuous employment, the Employee shall be credited with a further ten days personal leave entitlement at the beginning of the Employee's second and subsequent year, which subject to clause 18.1(f) hereof, shall commence on the anniversary of engagement.
c) In any year unused personal leave accrues.
d) An Employee will inform the Company of the Employee's inability to attend for duty, and need to take personal leave, as soon as practicable.
e) An Employee shall prove to the Company's satisfaction that the Employee’s Personal/Xxxxx’s leave is/was justified. Such evidence may be a medical practitioner’s certificate, or a statutory declaration. An Employee will not be required to provide such evidence for single days of absence but only where two or more consecutive days of absence are taken.
f) If an Employee’s employment is terminated by the Company and is re-engaged within a period of six months, then the Employee's unclaimed balance of sick leave shall continue from the date of re-engagement. In such case the Employee's next year of service will commence after a total of twelve months has been served with that Company excluding the period of interruption in service from the date of commencement of the previous period of employment or the anniversary of the commencement of the previous period of employment, as the case may be.
g) Unpaid carer’s leave will be in accordance with the NES.
18.2 Immediate family or household
a) The entitlement to use personal leave for the purpose of carer's or compassionate leave is subject to the person being either:
(i) a member of the Employee's immediate family; or
(ii) a member of the Employees' household.
b) The term immediate family includes:
(i) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the Employee; or
(ii) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the Employee.
Personal/Xxxxx’s Leave 7.3.1 All full time employees shall be entitled to accrue paid personal / xxxxx's leave on the basis of 10 days per year (or pro-rata thereof for any period less than one year). Part-time employees are entitled to a pro-rata benefit. Paid personal / carer's leave is cumulative.
7.3.2 All accrued personal leave shall be available for use as carer's leave in accordance with the provisions outlined below.
7.3.3 As part of its commitment to provide a family-friendly workplace, the employer will allow employees to use any amount of accrued personal /xxxxx's leave to enable employees to:
(a) provide primary care to partners, children and/or other household or family members.
(b) attend the funerals of family or household members or close family relatives (if compassionate leave is not available in the circumstances).
7.3.4 The leave provided for in this clause will be granted subject to the following:
(a) The employee must notify the employer of the reason and likely duration of the absence before 7.00 am on the first day of the absence, unless this is not possible due to an unexpected emergency in which case the employee must notify the employer as soon as practicable.
(b) Where circumstances permit, an employee must endeavour to arrange leave to minimise the impact on operational needs.
(c) The provision of appropriate documentary evidence.
1. For sick leave, a medical certificate or if not reasonably practicable to provide a medical certificate- a statutory declaration made by the employee.
2. For xxxxx's leave, a medical certificate in respect to the family or household member, or a statutory declaration by the employee.
3. For compassionate leave, any evidence that the employer reasonably requires.
7.3.5 The employee is not entitled to take more than 10 days of paid xxxxx’s leave (1/26th of the nominal hours worked by the employee) per year, regardless of the amount of personal leave the employee has accumulated over time.
7.3.6 An employee may request to cash out any amount of paid personal/xxxxx’s leave that they have accrued that is excess of 3/52 of the number of nominal hours worked over the past 12 months. For example, an employee working 38 hours per week over 12 months must retain 15 days of paid personal/carer’s leave and may cash out any further personal/carer’s leave that has been accumulated.
7.3.7 In addition to the above, a request to cash out personal/xxxxx’s leave will only be granted where:
(a) the employee elects to cash out their leave in writing; and
(b) the employer agrees.
7.3.8 Casual Employees engaged in continuous service shall be entitled to personal leave limited to the provision of sub clause 7.3.
