Common use of PERSONAL/CARER’S AND COMPASSIONATE LEAVE Clause in Contracts

PERSONAL/CARER’S AND COMPASSIONATE LEAVE. 52.1 Employees are entitled to personal/carers and compassionate leave in accordance with the provisions of the NES, subject to the requirements set out in this clause. 52.2 Employees (excluding casual Employees) are entitled to accrue paid personal/carer’s leave in accordance with the NES. The NES presently prescribes 10 days of paid personal/ carer’s leave for each year of service with his/her employer. 52.3 An Employee is entitled to 2 days of compassionate leave for each occasion (a permissible occasion): (a) when a member of the Employee’s immediate family, or a member of the Employee’s household: (i) contracts or develops a personal illness that poses a serious threat to his or her life; or (ii) sustains a personal injury that poses a threat to his or her life; or (iii) dies (b) a child is stillborn, where the child would have been a member of the employee's immediate family, or a member of the employee's household, if the child had been born alive; or (c) the employee, or the employee's spouse or de facto partner, has a miscarriage. 52.4 Where an Employee’s spouse or de facto partner dies, the Employee, in lieu of the entitlement set out clause 52.3, is entitled to 10 days’ compassionate leave. 52.5 The compassionate leave entitlement for Employees (excluding casual Employees) is paid at the Base Rate. 52.6 Casual Employees have no entitlement to paid personal/carer’s leave. A casual Employee is entitled to (i) compassionate leave in accordance with the above. The entitlement for casuals is unpaid; and (ii) unpaid carer’s leave in accordance with the NES. 52.7 Estia Health may (but need not) require written evidence confirming an Employee’s eligibility to take paid or unpaid personal/carer’s leave, or compassionate leave within a reasonable time after being notified of an Employee’s absence, wherever: (a) the absence is for 2 or more consecutive days, or occurs on or immediately before or after a Public Holiday, RDO, ADO or a day upon which the Employee was due to take pre-approved leave (such as annual leave); (b) the Employee has already taken at least 5 days of personal/carer’s leave during the preceding 12 months; or (c) the leave has been taken in circumstances that would reasonably lead the employer to question its veracity. In such circumstances, (i) the employer will outline to the employee in writing the concern; and provide a timeframe for review; (ii) Employees will be given the opportunity to respond in writing to the concerns – if genuine reasons for the leave are demonstrated, Estia Health will no longer require written evidence under clause 51.7 (c) for that period of time 52.8 For the purposes of this clause, the written evidence shall be either: (a) a medical certificate issued by a medical practitioner, confirming that the Employee is not fit for their usual duties during the period; or (b) in the case of xxxxx’s leave or compassionate leave, or if it is not reasonably practicable for the Employee to provide a medical certificate, a statutory declaration executed by the Employee confirming and detailing the grounds upon which they have (or had) a valid reason to take the leave; or (c) if it is not reasonably practicable to provide a medical certificate, any other written evidence that would satisfy a reasonable person, which may include a statutory declaration. 52.9 Any leave which has already been taken but for which evidence required pursuant to this clause has not been provided will be processed as unpaid leave.

PERSONAL/CARER’S AND COMPASSIONATE LEAVE. 52.1 (a) The provisions of this clause apply to full-time and regular part-time Employees are entitled (on a pro rata basis) but do not apply to personal/carers and compassionate casual Employees. (b) The Employee may take paid personal leave in accordance with this clause and the provisions of NES if the NES, subject to leave is taken: (i) Because the requirements set out in this clause. 52.2 Employees (excluding casual Employees) are entitled to accrue paid personal/carer’s leave in accordance with the NES. The NES presently prescribes 10 days of paid personal/ carer’s leave for each year of service with his/her employer. 52.3 An Employee is entitled to 2 days not fit for work because of compassionate leave for each occasion (a permissible occasion):personal illness or injury affecting the Employee; or (aii) when To provide care or support to a member of the Employee’s Employee‘s immediate family, or a member of the Employee’s Employee‘s household, who requires the Employee‘s care or support because of: A. a personal illness or injury affecting the member; or B. an unexpected emergency affecting the member. (c) In this clause, the term immediate family includes a spouse, de facto partner and next of kin of the Employee and the father, mother, brother, sister, child, step-child, mother-in-law or father-in-law, grand-parent or grand-child of the Employee and the Employee‘s spouse or de facto partner. (d) An Employee progressively accrues the following amount of paid personal leave: (i) contracts or develops a personal illness that poses a serious threat up to his or her life; or7 hours and 36 minutes for each month of service in the first year of service; (ii) sustains a personal injury that poses a threat up to his or her life; or106 hours and 24 minutes, in each year in the second, third and fourth years of service and thereafter; (iii) diesup to 159 hours and 36 minutes in fifth year of service and thereafter. (be) Part-time Employees will be entitled to personal leave on a child is stillbornpro rata basis according to hours usually worked. Carer’s Leave (f) The Employee must give Xxxxxxx notice of intention to take carer‘s leave, where and its expected duration, as soon as practicable and will include the child would have been a member name of the employee's immediate family, or a member of person requiring the employee's household, if the child had been born alive; or (c) the employee, or the employee's spouse or de facto partner, has a miscarriage. 52.4 Where an Employee’s spouse or de facto partner dies, care and their relationship to the Employee, in lieu of and the entitlement set out clause 52.3, is entitled to 10 days’ compassionate reasons for taking such leave.. Unpaid Carer’s Leave 52.5 The compassionate leave entitlement for Employees (excluding casual Employeesg) is paid at If the Base Rate. 52.6 Casual Employees have no Employee has exhausted the entitlement to paid personal/carer’s carer‘s leave. A , or the Employee is a casual Employee, the Employee is entitled toto 2 days of unpaid carer‘s leave for each occasion when a member of the Employee‘s immediate family or household requires care or support because they are affected by an unexpected emergency, a personal illness or injury. (ih) compassionate Unpaid personal leave in accordance with the above. The entitlement for casuals is unpaid; and (ii) unpaid carer’s leave in accordance with the NES. 52.7 Estia Health may (but need not) require written evidence confirming an Employee’s eligibility to take paid be taken as a single continuous period or unpaid personal/carer’s leave, or compassionate leave within a reasonable time after being notified of an Employee’s absence, wherever: (a) the absence is for 2 or more consecutive days, or occurs on or immediately before or after a Public Holiday, RDO, ADO or a day upon which as any separate period agreed between the Employee was due to take pre-approved leave (such as annual leave); (b) the Employee has already taken at least 5 days of personal/carer’s leave during the preceding 12 months; or (c) the leave has been taken in circumstances that would reasonably lead the employer to question its veracity. In such circumstances, (i) the employer will outline to the employee in writing the concern; and provide a timeframe for review; (ii) Employees will be given the opportunity to respond in writing to the concerns – if genuine reasons for the leave are demonstrated, Estia Health will no longer require written evidence under clause 51.7 (c) for that period of time 52.8 For the purposes of this clause, the written evidence shall be either: (a) a medical certificate issued by a medical practitioner, confirming that the Employee is not fit for their usual duties during the period; or (b) in the case of xxxxx’s leave or compassionate leave, or if it is not reasonably practicable for the Employee to provide a medical certificate, a statutory declaration executed by the Employee confirming and detailing the grounds upon which they have (or had) a valid reason to take the leave; or (c) if it is not reasonably practicable to provide a medical certificate, any other written evidence that would satisfy a reasonable person, which may include a statutory declarationCabrini. 52.9 Any leave which has already been taken but for which evidence required pursuant to this clause has not been provided will be processed as unpaid leave.