Commencement of Leave Parental leave must commence no later than the first anniversary date of the birth or adoption of the child or of the date on which the child comes into the actual care and custody of the employee. The employee will decide when his or her parental leave is to commence.
Taking of Leave (a) Annual leave shall be given and shall be taken within a period of six months after the date when the right to annual leave accrued; provided that the giving and taking of such leave may be postponed by mutual agreement between the parties for a further period not exceeding six months.
(b) Where an employee requests, annual leave can be taken in single days.
(c) The employer shall provide a response within a reasonable timeframe giving consideration to the urgency of the application to an employee’ application for annual leave.
Accrual of Leave (a) An employee’s entitlement to paid recreation leave accrues progressively during a year of service according to the employee’s ordinary hours of work.
(b) If an employee takes unpaid leave that does not count as service, leave will not accrue for that period.
Amount of Leave Eligible employees are entitled to a total of 12 workweeks of unpaid leave during any 12-month period. As of January 2008, FMLA was amended to include a special leave entitlement that permits eligible employees to take up to 26 weeks of unpaid leave to care for a covered servicemember during a single 12-month period. No more than 26 workweeks of leave may be taken within any single 12-month period.
Period of Leave An employee shall be granted extended military leave for the initial period of enlistment, service, or tour of duty for a period not to exceed five (5) years. In addition, leave shall be granted for a period up to six (6) months from the date of release from duty if the employee requests such extension.
Xxxx Leave For laid off employees, sick leave accruals shall remain on the books and be reinstated if such employees are reappointed. Whenever a person becomes ineligible for reemployment, and such person has not been re-employed, then, if at the point of layoff such person was eligible to receive a sick leave accrual payoff, such person shall be paid for existing sick leave accruals in accordance with Section 1408 of this Agreement.
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.
Xxxxx’s leave 22.2.1 In normal circumstances an employee is not entitled to take carer's leave where another person has taken simultaneous leave to care for the same person.
22.2.2 The employee must, if required by the Employer, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another.
22.2.3 The employee must where practicable, give the Employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reason for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee must notify the Employer by telephone of such absence at the first opportunity on the day of the absence.
22.2.4 The same considerations in quantum of carer’s leave applicable to part time Employees may be extended to eligible casuals but on an unpaid basis
Annual Leave 17.1 An employee shall be entitled to four weeks annual leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
