Personal/Carer’s Leave. (a) Subject to the following limitations and conditions, an employee shall be entitled to personal leave on full pay calculated by allowing 76 rostered ordinary hours of work for each year of continuous service, less any sick leave on full pay already taken. (i) An employee‘s entitlement to paid personal/carer‘s leave accrues progressively during a year of service according to the employee‘s ordinary hours of work, and accumulates from year to year. (ii) For each year of service with his or her employer, an employee is entitled to 10 days of paid personal/carer‘s leave. (iii) An employee shall not be entitled to sick leave on full pay for any period in respect of which such employee is entitled to workers‘ compensation; provided, however, that an employer shall pay to an employee who has sick leave entitlement under this clause, the difference between the amount received as workers‘ compensation and full pay. The employee‘s sick leave entitlement under this clause shall, for each week during which such difference is paid, be reduced by that proportion of 38 hours which the difference paid bears to full pay. (iv) All periods of sickness shall be certified by a medical certificate from the employee‘s registered health practitioner or statutory declaration, or such other evidence that would satisfy a reasonable person that the employee was unfit for the reason of personal sick leave or carers leave. The employer may dispense with the requirements of a medical certificate or statutory declaration when the absence does not exceed two consecutive days or where, in the employer‘s opinion, the circumstances are such as not to warrant such requirement. (v) Each employee shall notify her/his employer of an absence from work due to illness or injury prior to the commencement of her/his rostered shift or as soon as practicable thereafter and shall, as far as possible, inform the employer of the estimated duration of the absence. (b) The employer shall not change the rostered hours of work of an employee fixed by the roster or rosters applicable to the 14 days immediately following the commencement of sick leave merely by reason of the fact that she or he is on sick leave. (c) For the purpose of this clause, ―service‖ means service in the employment of an employer. (d) For the purpose of this clause, continuity of service in the employment shall not be broken by: (i) paid absences from such employment on account of illness; (e) Permanent Part-time Employees - A permanent part-time employee shall be entitled to personal/carers leave on a pro-rata basis. Such entitlements shall be subject to all the above conditions applying to full-time employees. (f) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (h), who needs the employee‘s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued personal leave entitlement, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day. (g) The employee shall, if required, establish, by giving the employer evidence that would satisfy a reasonable person which may include production of a medical certificate from an employee‘s registered health practitioner or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer‘s leave under this subclause where another person has taken leave to care for the same person. (h) The entitlement to use personal leave in accordance with this subclause is subject to: (i) the employee being responsible for the care and support of the person concerned; and (ii) the person concerned being: (1) a spouse of the employee; or (2) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or (3) a child or an adult child (including an adopted child, a step child, a xxxxxx child or an ex nuptial child), parent (including a xxxxxx parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or (4) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or (5) a relative of the employee who is a member of the same household where, for the purposes of this subparagraph: (A) relative means a person related by blood, marriage or affinity; (B) affinity means a relationship that one spouse because of marriage has to blood relatives of the other; and (C) household means a family group living in the same domestic dwelling. (i) An employee shall, wherever practicable, give the employer notice, prior to the absence, of the intention to take leave, the name of the person requiring care and that person‘s relationship to the employee, the reasons 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 shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
Appears in 3 contracts
Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement
Personal/Carer’s Leave. (a) Subject to the following limitations and conditions, an employee shall be Employee (excluding a casual Employee) is entitled to personal accrue paid personal/ carer’s leave on full pay calculated by allowing 76 rostered ordinary hours of work for each year of continuous service, less any sick leave on full pay already takenin accordance with the NES.
(ia) An employee‘s entitlement to paid personal/carer‘s leave accrues progressively during a year of service according to the employee‘s ordinary hours of work, and accumulates from year to year.
(ii) For each year of service with his or her employer, an employee is entitled to 10 days of paid personal/carer‘s leave.
(iii) An employee Employee shall not be entitled to sick paid personal leave on full pay for any period in respect of which such employee Employee is entitled to workers‘ ' compensation; provided, however, that an employer shall Employer will, if requested by an Employee, pay to an employee Employee who has sick personal/ carer’s leave entitlement under this clause, clause the difference between the amount received as workers‘ ' compensation and full payordinary pay as defined in Clause 19, Penalty Rates for Shift Work and Weekend Work. The employee‘s sick Employee's personal/ carer’s leave entitlement under this clause shall, for each week during which such difference is paid, be reduced by that proportion of 38 hours which the difference paid bears to full pay.
(ivb) All periods of sickness shall personal illness/ injury will be certified by a medical certificate from the employee‘s registered health practitioner or statutory declaration, or such other evidence that would satisfy a reasonable person that the employee was unfit for the reason of personal sick leave or carers leavepractitioner. The employer Employer may dispense with the requirements of a medical certificate or statutory declaration when the absence does not exceed two consecutive days or where, in the employer‘s Employer’s opinion, the circumstances are such as not to warrant such requirement.
(vc) Each employee shall Employee will notify her/his employer the Employer of an absence from work due to illness or injury prior to the commencement of her/his rostered shift or as soon as practicable thereafter and shallwill, as far as possible, inform the employer Employer of the estimated duration of the absence.
(b) . The employer shall Employer will not change the rostered hours of work of an employee Employee fixed by the roster or rosters applicable to the 14 fourteen days immediately following the commencement of sick leave merely by reason of the fact that she or he is they are on personal sick leave.
. If the period during which the Employee takes paid annual leave or long service leave includes a period where the Employee is eligible for paid personal/carer’s leave (c) For Personal Leave Absence), the purpose Employee is not taken to be on paid annual leave or long service leave for the period of this clausethat Personal Leave Absence but on paid personal leave, ―service‖ means service in the employment of an employer.
(d) For the purpose of this clause, continuity of service in the employment shall not be broken bysubject to:
(ia) paid absences from such employment on account the provision of illness;a medical certificate (or in the case of carer’s leave, evidence in accordance with clause (iv)(b)); and
(eb) Permanent Part-time Employees - A permanent part-time employee shall be entitled to personal/carers in the case of long service leave on a pro-rata basisonly, the Personal Leave Absence is one week or more. Such entitlements shall be subject to all the above conditions applying to full-time employees.Carers Leave
(fa) An employeeEmployee, other than a casual employeeEmployee, with responsibilities in relation to a class of person set out in subparagraph (ii2) of paragraph (h), c) of sub-clause (iv) who needs the employee‘s Employee’s care and or support, shall be entitled to use, in accordance with this subclause, any current or accrued paid personal leave entitlement, for absences to provide care and or support for such persons when they are illill/ injured, or who require care or support due to an unexpected emergency. Such leave may be taken for part of a single day.
(gb) Documentary evidence for personal/carer leave purposes: in accordance with the Fair Work Act, the Employee shall, if required by the Employer provide documentary evidence in relation to a period of xxxxx’s leave taken or to be taken by the Employee to provide care or support to a member of the Employee’s immediate family or a member of the Employee’s household. The employee Employee shall, if required, establish, ,
(1) establish either by giving the employer evidence that would satisfy a reasonable person which may include production of satisfactory documentary evidence, the relationship of the person requiring care or support to the Employee, the reasons for taking such leave and the estimated length of absence, or
(2) establish by production of documentation acceptable to the Employer or a medical certificate from an employee‘s registered health practitioner or statutory declaration, the illness nature of the emergency and that such emergency resulted in the person concerned and that requiring care or support by the illness is such as to require care by another person. In normal circumstances, an employee must not take carer‘s leave under this subclause where another person has taken leave to care for the same personEmployee.
(hc) The entitlement to use personal sick leave in accordance with this subclause is subject to:
(i1) the employee Employee being responsible for the care and or support of the person concerned; and
(ii2) the person concerned being:
(1i) a spouse of the employeeEmployee (includes former spouse); or
(2ii) a de facto spousepartner, means a person who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that personthe Employee, lives with the Employee in a relationship as a couple on a genuine domestic basis (whether the Employee and the person are of the same sex or different sexes) and includes a former de facto partner of the Employee; or
(3iii) a child or an adult child (including an adopted child, a step child, a xxxxxx child or an ex ex-nuptial child), parent (including a xxxxxx parent and legal guardian), grandparent, grandchild or sibling of the employee Employee or spouse or de facto spouse of the employeeEmployee; or
(4) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(5iv) a relative of the employee Employee who is a member of the same household wherehousehold, where for the purposes of this subparagraphparagraph:
(A) relative means a person related by blood, marriage or affinity;
(B) affinity means a relationship that one spouse because of marriage has to blood relatives of the other; and
(C) household means a family group living in the same domestic dwelling.
(i) An employee shall, wherever practicable, give the employer notice, prior to the absence, of the intention to take leave, the name of the person requiring care and that person‘s relationship to the employee, the reasons 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 shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
Appears in 2 contracts
Samples: Nurses and Midwives Enterprise Agreement, Enterprise Agreement
Personal/Carer’s Leave. (a) Subject to the following limitations and conditionsconditions set out in this clause, an employee shall be Employees (excluding casual Employees) are entitled to personal accrue paid personal/ carer’s leave on full pay calculated by allowing 76 rostered ordinary hours of work for each year of continuous service, less any sick leave on full pay already takenin accordance with the NES.
(i) An employee‘s entitlement to paid personal/carer‘s leave accrues progressively during a year of service according to the employee‘s ordinary hours of work, and accumulates from year to year.
(ii) For each year of service with his or her employer, an employee is entitled to 10 days of paid personal/carer‘s leave.
(iii) An employee shall Employee will not be entitled to sick paid personal leave on full pay for any period in respect of which such employee Employee is entitled to workers‘ ’ compensation; provided, however, that an employer shall the Employer may pay to an employee Employee who has sick personal leave entitlement under this clause, the difference between the amount received as workers‘ ’ compensation and full the ordinary rate of pay. The employee‘s sick Employee’s personal leave entitlement under this clause shallwill, for each week during which such difference is paid, be reduced by that proportion of 38 hours which the difference paid bears to full pay.
(ivii) All periods of sickness shall personal illness/ injury will be certified by a medical certificate from the employee‘s Employee’s registered health practitioner or statutory declaration, or such other evidence that would satisfy a reasonable person that the employee Employee was unfit for the reason of personal sick leave or carers leave. The employer Employer may dispense with the requirements of a medical certificate or statutory declaration when the absence does not exceed two consecutive days or where, in the employer‘s Employer’s opinion, the circumstances are such as not to warrant such requirement.
(viii) Each employee shall Employee will notify her/his employer Employer of an absence from work due to illness or injury prior to the commencement of her/his rostered shift or as soon as practicable thereafter and shallwill, as far as possible, inform the employer Employer of the estimated duration of the absence.
(b) The employer shall Employer will not change the rostered hours of work of an employee Employee fixed by the roster or rosters applicable to the 14 days immediately following the commencement of sick leave merely by reason of the fact that she or he is on sick leave.
(c) For the purpose of this clause, ―service‖ “service” means service in the employment of an employerthe Employer.
(d) For the purpose of this clause, continuity of service in the employment shall not be broken by:
(i) paid absences from such employment on account of illness;
(e) Permanent Part-time Employees - A permanent part-time employee shall be entitled to personal/carers leave on a pro-rata basis. Such entitlements shall be subject to all the above conditions applying to full-time employees.
(f) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (h), who needs the employee‘s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued personal leave entitlement, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.
(g) The employee shall, if required, establish, by giving the employer evidence that would satisfy a reasonable person which may include production of a medical certificate from an employee‘s registered health practitioner or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer‘s leave under this subclause where another person has taken leave to care for the same person.
(h) The entitlement to use personal leave in accordance with this subclause is subject to:
(i) the employee being responsible for the care and support of the person concerned; and
(ii) the person concerned being:
(1) a spouse of the employee; or
(2) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(3) a child or an adult child (including an adopted child, a step child, a xxxxxx child or an ex nuptial child), parent (including a xxxxxx parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(4) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(5) a relative of the employee who is a member of the same household where, for the purposes of this subparagraph:
(A) relative means a person related by blood, marriage or affinity;
(B) affinity means a relationship that one spouse because of marriage has to blood relatives of the other; and
(C) household means a family group living in the same domestic dwelling.
(i) An employee shall, wherever practicable, give the employer notice, prior to the absence, of the intention to take leave, the name of the person requiring care and that person‘s relationship to the employee, the reasons 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 shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
Appears in 2 contracts
Samples: Nursing Employees Enterprise Agreement, Enterprise Agreement
Personal/Carer’s Leave. (a) Subject to the following limitations and conditions, an employee shall be A. The Employee is entitled to personal leave on full pay calculated by allowing 76 rostered ordinary hours of work for each year of continuous service, less any sick leave on full pay already taken.
(i) An employee‘s entitlement to be paid personal/carer‘s carer’s leave accrues progressively accrued weekly at the rate of 1/26th of the hours the Employee worked during a year of service according to the employee‘s ordinary hours of workmonth, and accumulates from year to yearor would have worked but for an absence duly authorised by the Company.
(ii) For each year B. Personal leave may be taken in the event that the Employee is ill or injured. The Employee must provide the Employer with a medical certificate or, if that is not practicable, a statutory declaration, in accordance with s254 of service the Workplace Relations Act 1996 as soon as is reasonably practicable.
X. Xxxxx’s leave may be taken when the Employee needs to care for a member of the Employee’s immediate family or household who is ill or injured. The Employee must provide the Employer with his or her employera medical certificate or, if that is not practicable, a statutory declaration, in accordance with s256 of the Workplace Relations Act 1996 as soon as is reasonably practicable.
D. Each week, the Company will pay the Employee an employee amount equal to 1/26th of the wages earned in accordance with Schedule A, on account of wages otherwise payable when the Employee takes personal leave. No additional wages shall be paid at the time the Employee takes any personal/carer’s leave, other than in accordance with the direct clause below.
E. Any difference between the rate of pay at which the Employee is entitled to 10 days of pre-paid personal/carer‘s leave.
carer’s leave under paragraph (iiid) An employee shall not be entitled to sick leave on full pay for any period in respect of which such employee is entitled to workers‘ compensation; provided, however, that an employer shall pay to an employee who has sick leave entitlement under this clause, the difference between the amount received as workers‘ compensation and full pay. The employee‘s sick leave entitlement under this clause shall, for each week during which such difference is paid, be reduced by that proportion of 38 hours which the difference paid bears to full pay.
(iv) All periods of sickness shall be certified by a medical certificate from the employee‘s registered health practitioner or statutory declaration, or such other evidence that would satisfy a reasonable person that the employee was unfit for the reason of personal sick leave or carers leave. The employer may dispense with the requirements of a medical certificate or statutory declaration when the absence does not exceed two consecutive days or where, in the employer‘s opinion, the circumstances are such as not to warrant such requirement.
(v) Each employee shall notify her/his employer of an absence from work due to illness or injury prior to the commencement of her/his rostered shift or as soon as practicable thereafter and shall, as far as possible, inform the employer of the estimated duration of the absence.
(b) The employer shall not change the rostered hours of work of an employee fixed by the roster or rosters applicable to the 14 days immediately following the commencement of sick leave merely by reason of the fact that she or he is on sick leave.
(c) For the purpose of this clause, ―service‖ means service and the rate of pay the Employee would have received had the Employee been paid at the time of taking personal/carer’s leave in the employment of an employer.
accordance with paragraphs (db) For the purpose or (c) of this clause, continuity of service in the employment shall not be broken by:
(i) paid absences from such employment on account of illness;
(e) Permanent Part-time Employees - A permanent part-time employee shall be entitled paid to the Employee at the time the personal/carers carer’s leave on a pro-rata basis. Such entitlements shall be subject to all the above conditions applying to full-time employeesis taken.
(f) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (h), who needs the employee‘s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued personal leave entitlement, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.
(g) The employee shall, if required, establish, by giving the employer evidence that would satisfy a reasonable person which may include production of a medical certificate from an employee‘s registered health practitioner or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer‘s leave under this subclause where another person has taken leave to care for the same person.
(h) The entitlement to use personal leave in accordance with this subclause is subject to:
(i) the employee being responsible for the care and support of the person concerned; and
(ii) the person concerned being:
(1) a spouse of the employee; or
(2) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(3) a child or an adult child (including an adopted child, a step child, a xxxxxx child or an ex nuptial child), parent (including a xxxxxx parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(4) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(5) a relative of the employee who is a member of the same household where, for the purposes of this subparagraph:
(A) relative means a person related by blood, marriage or affinity;
(B) affinity means a relationship that one spouse because of marriage has to blood relatives of the other; and
(C) household means a family group living in the same domestic dwelling.
(i) An employee shall, wherever practicable, give the employer notice, prior to the absence, of the intention to take leave, the name of the person requiring care and that person‘s relationship to the employee, the reasons 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 shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
Appears in 1 contract
Samples: Collective Agreement
Personal/Carer’s Leave. (a) Subject to the following limitations and conditions, an employee shall be Full-time employees are entitled to a total of 15 days personal leave on full pay calculated by allowing 76 rostered ordinary hours of work for each year of continuous service, less any sick and pro-rata for part-time employees. All personal leave on full pay already taken.
(i) An employee‘s entitlement to paid personal/carer‘s leave accrues progressively during a year of service according to the employee‘s ordinary hours of work, and accumulates from year to year.
(ii) For each year of service with his or her employer, an employee is entitled to 10 days of paid personal/carer‘s leave.
(iii) An employee shall not be entitled to sick leave on full pay for any period in respect of which such employee is entitled to workers‘ compensation; provided, however, that an employer shall pay to an employee who has sick leave entitlement under this clause, the difference between the amount received as workers‘ compensation and full pay. The employee‘s sick leave entitlement under this clause shall, for each week during which such difference is paid, be reduced by that proportion of 38 hours which the difference paid bears to full pay.
(iv) All periods of sickness shall be certified by a medical certificate from the employee‘s registered health practitioner or statutory declaration, or such other evidence that would satisfy a reasonable person that the employee was unfit for the reason of personal sick leave or carers leave. The employer may dispense with the requirements of a medical certificate or statutory declaration when the absence does not exceed two consecutive days or where, in the employer‘s opinion, the circumstances are such as not to warrant such requirement.
(v) Each employee shall notify her/his employer of an absence from work due to illness or injury prior to the commencement of her/his rostered shift or as soon as practicable thereafter and shall, as far as possible, inform the employer of the estimated duration of the absenceaccumulate without limitation.
(b) The employer shall not change the rostered hours of work of an employee fixed by the roster Personal leave may be taken as personal sick leave or rosters applicable carer's leave without limitation. Employees may use personal leave to fulfil obligations relating to the 14 days immediately following the commencement care of sick leave merely by reason or ill partners, immediate family members and/or a designated "person of the fact that she or he is on sick leavesignificance".
(c) For the purpose of this clause, ―service‖ means service in the employment of an employer.
(d) For the purpose of this clause, continuity of service in the employment shall not be broken by:
(i) paid absences from such employment on account of illness;
(e) Permanent Part-time Employees - A permanent part-time employee shall be entitled The entitlement to personal/carers access xxxxx's leave on a pro-rata basis. Such entitlements shall be is subject to all the above conditions applying to full-time employees.
(f) employee being responsible for the care of the person concerned. An employee, other than a casual employee, with who normally has caring responsibilities in relation to either a class partner, immediate family member and/or a designated "person of person set out in subparagraph (ii) of paragraph (h), who needs the employee‘s care and support, significance" shall be entitled to use, in accordance with this subclause, use any current or accrued personal leave entitlement, for absences entitlement to provide care and support for such persons when they are ill. Such leave may be taken for part of a single dayill or who require care due to an unexpected emergency.
(gd) The employee shall, if required, establish, establish by giving the employer evidence that would satisfy a reasonable person which may include production of a medical certificate from an employee‘s registered health practitioner or statutory declaration, the illness or emergency related care requirements of the person concerned concerned.
(e) An employee may also request personal leave on account of pressing necessity. The Council may grant such leave, as considered appropriate.
(f) Pressing necessity may include:
i. An emergency situation or circumstance which is unexpected, unplanned and beyond the control of the employee; and
ii. Which is of such urgency that it cannot be resolved out of normal working hours and/or where a delayed response would amplify the illness situation; and
iii. The impact is such as that it would have a serious deleterious effect on the employee or his/her immediate family.
(g) In addition to require care by another person. In normal circumstances, the provisions of clause 28.2 of this Agreement an employee must not take carer‘s who is expecting the birth of a child may also access personal leave under this subclause where another person has taken leave to care whilst pregnant for the same personpurpose of attending scheduled medical appointments relating to the pregnancy.
(h) The entitlement In addition to use the provisions of clause 28.2 (c) of this Agreement an employee may also access personal leave in accordance with this subclause is subject to:
(i) the employee being responsible for the care and support purpose of the person concerned; and
(ii) the person concerned being:
(1) a spouse of the employee; or
(2) a de facto spouse, who, attending medical appointments in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(3) a child or an adult child (including an adopted child, a step child, a xxxxxx child or an ex nuptial child), parent (including a xxxxxx parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(4) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(5) a relative of the employee who is a member of the same household where, for the purposes of this subparagraph:
(A) relative means a person related by blood, marriage or affinity;
(B) affinity means a relationship that one spouse because of marriage has to blood relatives of the other; and
(C) household means a family group living in the same domestic dwellingtheir partner's pregnancy.
(i) An The employee shall, wherever practicable, give the employer notice, notice prior to the an absence, or of the intention to take personal leave, . The employee shall advise the reason/s for taking leave and the estimated length of absence. For carer's leave the employee shall provide the name of the sick/ill person requiring care and that person‘s their relationship to the employee, the reasons reason for taking such the required leave and the estimated length period of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer City of Port Xxxxxxx by telephone of such absence at the first opportunity on the day of the absence.
(j) An employee may elect to provide a statutory declaration as evidence of their requirement for personal leave for a maximum period of three (3) days on each occasion. For periods of personal leave in excess of three (3) days a medical certificate must be supplied.
(k) If statutory declarations are provided on more than three (3) occasions during one (1) calendar year the City of Port Xxxxxxx may require provision of a medical certificate.
(l) Nothing in this clause negates the City of Port Xxxxxxx's prerogative to require an individual to supply a medical certificate for any absence.
(m) Employees other than physical/community services employees bands 3 to 8 and senior executive officers
i. On the production of satisfactory medical evidence by a duly qualified medical practitioner in respect of a period or periods of personal and serious incapacitating illness or injury in excess of seven consecutive calendar days (other than injury for which workers’ compensation is payable) occurring during an employee’s absence on long service leave, such medical evidence will be provided to the respondent at the earliest reasonable opportunity but no later than fourteen days after the occurrence of such personal and serious incapacitating illness or injury, unless impracticable or on the first day back at work whichever is the earlier.
(n) A respondent will:
i. Debit such periods of personal and serious incapacitating illness or injury against the employee’s personal/carer’s leave entitlement had the employee normally been required to work subject to the existence of sufficient sick leave credit, and
ii. Xxxxx such employee additional long service leave equivalent to the period of personal and serious incapacitating illness or injury, such additional long service leave will be taken at a time mutually convenient to the employee and respondent.
iii. Provided that notwithstanding the requirement for a medical certificate, this subclause will not apply unless the employee notifies the respondent of such personal and serious incapacitating illness or injury within either ten days of such occurrence where practicable, stating the nature of the personal and serious incapacitating illness or injury and the estimated duration, unless impracticable or on the first day back at work, whichever is the earlier.
(o) Twenty days accumulated personal/xxxxx’s leave with other Victorian Councils will be transferable between Councils subject to the following conditions:
i. An employee’s service between Councils is continuous (breaks of two months’ or less will be deemed not to break continuity).
ii. The employee at the time of engagement produces a certificate duly certified by the previous employer certifying the amount of personal/carer’s leave accumulated to his/her credit, and the date upon which the last entitlement was credited to him/her.
iii. Where an employee’s accumulated sick leave is less than twenty days, then the amount of personal/carer’s leave transferable will be that standing to an employee’s credit.
iv. Provided that an employee will not be entitled to have more than twelve days credited to him/her in respect of any twelve month period.
(p) Employees bands 1 to 5 (physical/community services)
i. When an employee has his/her employment terminated, other than for misconduct or absence from work without reasonable excuse, and he/she is subsequently re-employed within a period of twelve months, the number of days of personal/carer’s leave not taken with which he/she was credited prior to such termination of employment will, after his/her re-employment has continued for one month, again be placed to his/her credit.
Appears in 1 contract
Samples: Enterprise Agreement
Personal/Carer’s Leave. (a) Subject to the following limitations and conditions, conditions an employee Employee shall be entitled to personal leave on full pay calculated by allowing 76 152 rostered ordinary hours of work in the case of the 38 hour per week Employees for each year of continuous service, less any sick personal leave on full pay already taken. The paid leave entitlement as prescribed herein shall be pro-rata based on the ordinary hours worked by the Employee. For clarity, an Employee (excluding a Casual Employee) is entitled to the paid personal/ carer’s leave set out herein, subject to the accrual being no less than the NES.
(i) An employee‘s Employee’s entitlement to paid personal/carer‘s carer’s leave accrues progressively during a year of service according to the employee‘s Employee’s ordinary hours of work, and accumulates from year to year.
(ii) For each year of service with his or her employer, an employee is entitled to 10 days of paid personal/carer‘s leave.
(iii) An employee Employee shall not be entitled to sick personal leave on full pay at the ordinary rate for any period in respect of which such employee Employee is entitled to workers‘ ’ compensation; provided.
(iii) An Employee shall be required to submit a registered health practitioner’s certificate for any personal leave absences, however, provided that an employer Employees shall pay be allowed 3 single days of personal leave per fiscal year without certification or statutory declaration and those days may be taken at any time including either side of days off or RDOs. Statutory Declarations may be used in lieu of medical certificates for access to an employee who has sick leave entitlement under this clause, the difference between the amount received as workers‘ compensation certified personal and full pay. The employee‘s sick leave entitlement under this clause shall, for each week during which such difference is paid, be reduced by that proportion of 38 hours which the difference paid bears to full paycarer’s leave.
(iv) All periods of sickness shall be certified by a medical certificate from the employee‘s registered health practitioner or statutory declaration, or such other evidence that would satisfy a reasonable person that the employee was unfit for the reason of personal sick leave or carers leave. The employer may dispense with the requirements of a medical certificate or statutory declaration when the absence does not exceed two consecutive days or where, in the employer‘s opinion, the circumstances are such as not to warrant such requirement.
(v) Each employee Employee shall notify her/his employer Employer of an absence from work due to illness or injury prior to the commencement of her/his rostered shift or as soon as practicable thereafter and shall, as far as possible, inform the employer Employer of the estimated duration of the absence.
(b) . The employer Employer shall not change the rostered hours of work of an employee Employee fixed by the roster or rosters applicable to the 14 days immediately following the commencement of sick personal leave merely by reason of the fact that she or he is on sick personal leave.
(c) . For the purpose purposes of this clause, ―service‖ clause “service” means continuous service as defined in s.22 of the employment of an employer.
(d) For the purpose of this clause, continuity of service in the employment shall not be broken by:
(i) paid absences from such employment on account of illness;
(e) Permanent Fair Work Act. Part-time Employees - – A permanent part-time employee Employee shall be entitled to personal/carers carer’s leave on a pro-rata basis. Such entitlements shall be subject to all the above conditions applying to full-time employees.
(f) Employees. Subject to the provisions of a satisfactory health practitioner’s certificate and personal leave being due, paid annual leave or long service leave shall be re-credited where an illness occurs during the period of paid annual leave or long service leave; provided that the period of leave does not occur prior to retirement, resignation or termination of services. An employeeEmployee, other than a casual employeeEmployee, with responsibilities in relation to a class their immediate family (as defined) or member of person set out in subparagraph (ii) of paragraph (h)their household, who needs the employee‘s Employee’s care and or support, shall be entitled to use, in accordance with this subclause, any current or accrued personal leave entitlement, for absences to provide care and or support for such persons when they are illill/ injured or in the case of an unexpected emergency. Such leave may be taken for part of a single day.
(g) . The employee Employee shall, if required, establish, either by giving the employer evidence that would satisfy a reasonable person which may include production of a medical health practitioner’s certificate from an employee‘s registered health practitioner or statutory declaration, the illness that leave is required in order to provide care or support for a member of the person concerned and that the illness is such as to require care by another personEmployee’s immediate family or household. In normal circumstances, an employee must not take carer‘s leave under this subclause where another person has taken leave to care for the same person.
(h) The entitlement to use personal leave in accordance with this subclause is subject to:
(i) the employee being responsible for the The Employee providing care and or support of to the person concerned; and
(ii) the The person concerned being:
(1) a spouse of the employee; or
(2) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(3) a child or an adult child (including an adopted child, a step child, a xxxxxx child or an ex nuptial child), parent (including a xxxxxx parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(4) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(5) a relative of the employee who is being a member of the same Employee’s immediate family or household where, for the purposes of (as defined in this subparagraph:
(A) relative means a person related by blood, marriage or affinity;
(B) affinity means a relationship that one spouse because of marriage has to blood relatives of the other; and
(C) household means a family group living in the same domestic dwellingAgreement).
(iiii) An employee shall, wherever practicable, Employee must give the employer notice, prior Employer notice of the taking of leave under this Clause. The notice must be given to the absenceEmployer as soon as practicable (which may be a time after the leave has started) and must advise the Employer of the period, or expected period, of the intention leave. Unpaid Carer’s Leave An Employee, including a casual Employee, shall be entitled to take leave, the name of the person requiring care and that person‘s relationship up to the employee, the reasons for taking such two days unpaid carer’s leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absenceper occasion.
Appears in 1 contract
Samples: Enterprise Agreement
Personal/Carer’s Leave. (a) Subject to the following limitations and conditions, conditions an employee Employee shall be entitled to personal leave on full pay calculated by allowing 76 152 rostered ordinary hours of work in the case of the 38 hour per week Employees for each year of continuous service, less any sick personal leave on full pay already taken. The paid leave entitlement as prescribed herein shall be pro-rata based on the ordinary hours worked by the Employee. For clarity, an Employee (excluding a Casual Employee) is entitled to the paid personal/ carer’s leave set out herein, subject to the accrual being no less than the NES.
(i) An employee‘s Employee’s entitlement to paid personal/carer‘s carer’s leave accrues progressively during a year of service according to the employee‘s Employee’s ordinary hours of work, and accumulates from year to year.
(ii) For each year of service with his or her employer, an employee is entitled to 10 days of paid personal/carer‘s leave.
(iii) An employee Employee shall not be entitled to sick personal leave on full pay at the ordinary rate for any period in respect of which such employee Employee is entitled to workers‘ ’ compensation; provided.
(iii) An Employee shall be required to submit a registered health practitioner’s certificate for any personal leave absences, however, provided that an employer Employees shall pay be allowed 3 single days of personal leave per fiscal year without certification or statutory declaration and those days may be taken at any time including either side of days off or RDOs. Statutory Declarations may be used in lieu of medical certificates for access to an employee who has sick leave entitlement under this clause, the difference between the amount received as workers‘ compensation certified personal and full pay. The employee‘s sick leave entitlement under this clause shall, for each week during which such difference is paid, be reduced by that proportion of 38 hours which the difference paid bears to full paycarer’s leave.
(iv) All periods of sickness shall be certified by a medical certificate from the employee‘s registered health practitioner or statutory declaration, or such other evidence that would satisfy a reasonable person that the employee was unfit for the reason of personal sick leave or carers leave. The employer may dispense with the requirements of a medical certificate or statutory declaration when the absence does not exceed two consecutive days or where, in the employer‘s opinion, the circumstances are such as not to warrant such requirement.
(v) Each employee Employee shall notify her/his employer Employer of an absence from work due to illness or injury prior to the commencement of her/his rostered shift or as soon as practicable thereafter and shall, as far as possible, inform the employer Employer of the estimated duration of the absence.
(b) The employer Employer shall not change the rostered hours of work of an employee Employee fixed by the roster or rosters applicable to the 14 days immediately following the commencement of sick personal leave merely by reason of the fact that she or he is on sick personal leave.
(c) For the purpose of this clause, ―service‖ means service in the employment of an employer.
(d) For the purpose of this clause, continuity of service in the employment shall not be broken by:
(i) paid absences from such employment on account of illness;
(e) Permanent Part-time Employees - – A permanent part-time employee Employee shall be entitled to personal/carers carer’s leave on a pro-rata basis. Such entitlements shall be subject to all the above conditions applying to full-time employeesEmployees.
(fd) Subject to the provisions of a satisfactory health practitioner’s certificate and personal leave being due, paid annual leave or long service leave shall be re-credited where an illness occurs during the period of paid annual leave or long service leave; provided that the period of leave does not occur prior to retirement, resignation or termination of services.
(e) An employeeEmployee, other than a casual employeeEmployee, with responsibilities in relation to a class their immediate family (as defined) or member of person set out in subparagraph (ii) of paragraph (h)their household, who needs the employee‘s Employee’s care and or support, shall be entitled to use, in accordance with this subclause, any current or accrued personal leave entitlement, for absences to provide care and or support for such persons when they are illill/ injured or in the case of an unexpected emergency. Such leave may be taken for part of a single day.
(gf) The employee Employee shall, if required, establish, either by giving the employer evidence that would satisfy a reasonable person which may include production of a medical health practitioner’s certificate from an employee‘s registered health practitioner or statutory declaration, the illness that leave is required in order to provide care or support for a member of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer‘s leave under this subclause where another person has taken leave to care for the same personEmployee’s immediate family or household.
(hg) The entitlement to use personal leave in accordance with this subclause is subject to:
(i) the employee being responsible for the The Employee providing care and or support of to the person concerned; and
(ii) the The person concerned being:
(1) a spouse of the employee; or
(2) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(3) a child or an adult child (including an adopted child, a step child, a xxxxxx child or an ex nuptial child), parent (including a xxxxxx parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(4) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(5) a relative of the employee who is being a member of the same Employee’s immediate family or household where, for the purposes of (as defined in this subparagraph:
(A) relative means a person related by blood, marriage or affinity;
(B) affinity means a relationship that one spouse because of marriage has to blood relatives of the other; and
(C) household means a family group living in the same domestic dwellingAgreement).
(iiii) An employee shall, wherever practicable, Employee must give the employer notice, prior Employer notice of the taking of leave under this Clause. The notice must be given to the absenceEmployer as soon as practicable (which may be a time after the leave has started) and must advise the Employer of the period, or expected period, of the intention to take leave, the name of the person requiring care and that person‘s relationship to the employee, the reasons 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 shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
Appears in 1 contract
Personal/Carer’s Leave. (a) Subject to the following limitations and conditions, an employee shall be entitled to personal leave on full pay calculated by allowing 76 rostered ordinary hours of work for each year of continuous service, less any sick leave on full pay already taken.
(i) An employee‘s entitlement to paid personal/carer‘s leave accrues progressively during a year of service according to the employee‘s ordinary hours of work, and accumulates from year to year.
(ii) For each year of service with his or her employer, an employee is 16.1 Full-time employees are entitled to 10 days (76 hours) paid leave per annum for the purposes of paid personal/carer‘s leavecarer’s leave in accordance with the Workplace Relations Act 1996 as amended from time to time. Part-time employees are entitled to personal/carer’s leave on a proportional basis.
(iii) An employee shall not be entitled to sick leave on full pay for any period in respect of which such employee is entitled to workers‘ compensation; provided, however, that an employer shall pay to an employee who has sick leave entitlement under this clause, the difference between the amount received as workers‘ compensation and full pay. The employee‘s sick leave entitlement under this clause shall, for each week during which such difference is paid, be reduced by that proportion of 38 hours which the difference paid bears to full pay.
(iv) All periods of sickness shall be certified by a medical certificate from the employee‘s registered health practitioner or statutory declaration, or such other evidence that would satisfy a reasonable person that the employee was unfit for the reason of personal sick leave or carers leave. The employer may dispense with the requirements of a medical certificate or statutory declaration when the absence does not exceed two consecutive days or where, in the employer‘s opinion, the circumstances are such as not to warrant such requirement.
(v) Each employee shall notify her/his employer of an absence from work due to illness or injury prior to the commencement of her/his rostered shift or as soon as practicable thereafter and shall, as far as possible, inform the employer of the estimated duration of the absence.
(b) The employer shall not change the rostered hours of work of an employee fixed by the roster or rosters applicable to the 14 days immediately following the commencement of sick leave merely by reason of the fact that she or he is on sick leave.
(c) 16.2 For the purpose purposes of this clause, ―service‖ means service in the employment of an employer.
(d) For the purpose of this clause, continuity of service in the employment shall not be broken bypersonal/xxxxx’s leave is:
(ia) paid absences from such employment on account of illness;
Paid leave (esick leave) Permanent Part-time Employees - A permanent part-time taken by the employee shall be entitled to personal/carers leave on a pro-rata basis. Such entitlements shall be subject to all the above conditions applying to full-time employees.
(f) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (h), who needs the employee‘s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued personal leave entitlement, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part because of a single day.
(g) The employee shallpersonal illness, if requiredor injury, establish, by giving the employer evidence that would satisfy a reasonable person which may include production of a medical certificate from an employee‘s registered health practitioner or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer‘s leave under this subclause where another person has taken leave to care for the same person.
(h) The entitlement to use personal leave in accordance with this subclause is subject to:
(i) the employee being responsible for the care and support of the person concerned; and
(ii) the person concerned being:
(1) a spouse of the employee; or
(2b) paid or unpaid leave (xxxxx’s leave) taken by the employee to provide care or support to a member of the employee’s immediate family, or a member of the employee’s household who require care or support because of:
(i) a de facto spousepersonal illness, who, in relation to a person, is a person or injury of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that personmember; or
(3ii) an unexpected emergency affecting the member.
(c) the term “immediate family” includes:
(i) a child or an adult child (including an adopted spouse, child, a step child, a xxxxxx child or an ex nuptial child), parent (including a xxxxxx parent and legal guardian)parent, grandparent, grandchild or sibling of the employee employee; and
(ii) a child, parent, grandparent, grandchild or spouse or de facto sibling of a spouse of the employee; or.
(4) a same sex partner who lives with 16.3 To be entitled to personal/xxxxx’s leave, the employee as the de facto partner of that employee on a bona fide domestic basis; or
(5) a relative of the employee who is a member of the same household where, for the purposes of this subparagraph:
(A) relative means a person related by blood, marriage or affinity;
(B) affinity means a relationship that one spouse because of marriage has to blood relatives of the other; and
(C) household means a family group living in the same domestic dwelling.
(i) An employee shall, wherever practicable, must give the employer notice, prior to as soon as reasonably practicable, that the absenceemployee is (or will be) absent from duty on account of personal illness, or injury of the intention employee or, on account of the employee providing care or support to take a member of the employee’s immediate family or the employee’s household.
16.4 To be entitled to personal/xxxxx’s leave, the name employee must give the employer a document of whichever of the person requiring care and that person‘s relationship following types apply:
(a) if it is reasonably practicable to the employee, the reasons for taking such leave and the estimated length of absence. If do so – a medical certificate from a registered health practitioner;
(b) if it is not reasonably practicable for the employee to give prior notice the employer a medical certificate – a statutory declaration made by the employee.
16.5 Each employee (including casual employees) will be entitled to a period of absenceunpaid carer’s leave taken as either a single, unbroken period of up to 2 days, or any separate periods to which the employee shall notify and the employer by telephone of such absence at agree, provided that an employee cannot take unpaid carer’s leave in circumstances where the first opportunity on the day of absenceemployee could take paid xxxxx’s leave.
Appears in 1 contract
Samples: Employee Collective Agreement
Personal/Carer’s Leave. 24.1. A permanent Employee under this Agreement is entitled to be paid personal/carer’s leave in accordance with the provisions of the Workplace Relations Act 1996 which as at the date of this Agreement provide as follows:
24.1.1. A permanent Employee is entitled to accrue an amount of paid personal/carer’s leave for each completed 4 week period of continuous service with an employer, of 1/26 of the number of nominal hours worked by the Employee for the Employer during that 4 week period (a) Subject this is equivalent to 10 days for full time employee’s).
24.1.2. A permanent Employee is not entitled to take paid xxxxx’s leave from his or her employment with the Employer at the time if, during the period of 12 months ending at the time, the Employee has already taken a total amount of paid carer’s leave from that employment of 1/26 of the nominal hours worked by the Employee for the Employer during that period,
24.1.3. Employees are also entitled to two days unpaid carer’s leave in accordance with the Workplace Relations Act 1996.
24.1.4. This leave accumulates from year to year so that any part of the paid personal leave entitlements not claimed in any year may, subject to the following limitations and conditionsconditions prescribed by this clause, an employee shall be claimed by the Employee in any subsequent year of employment.
24.2. To be entitled to personal leave on full pay calculated by allowing 76 rostered ordinary hours an Employee must:
24.2.1. Provide notice to the Employer of work for each year of continuous service, less any sick leave on full pay already takenthe absence as soon as reasonably practicable to do so in accordance with the Workplace Relations Act.
(i) An employee‘s entitlement to paid personal/carer‘s 24.2.2. Provide the Employer with satisfactory documentary evidence of the basis for the request for leave accrues progressively during a year of service according to in accordance with the employee‘s ordinary hours of work, and accumulates from year to year.
(ii) For each year of service with his or her employer, an employee is entitled to 10 days of paid personal/carer‘s leave.
(iii) An employee shall not be entitled to sick leave on full pay for any period in respect of which such employee is entitled to workers‘ compensation; provided, however, that an employer shall pay to an employee who has sick leave entitlement under this clause, the difference between the amount received as workers‘ compensation and full pay. The employee‘s sick leave entitlement under this clause shall, for each week during which such difference is paid, be reduced by that proportion of 38 hours which the difference paid bears to full pay.
(iv) All periods of sickness shall be certified by Workplace Relations Act including providing a medical certificate from the employee‘s a registered health practitioner or statutory declaration, or such other evidence that would satisfy a reasonable person that the employee was unfit for the reason of personal sick leave or carers leave. The employer may dispense with the requirements of a medical certificate or statutory declaration when the absence does not exceed two consecutive days or where, in the employer‘s opinion, the circumstances are such as not to warrant such requirement.
(v) Each employee shall notify her/his employer of an absence from work due to illness or injury prior to the commencement of her/his rostered shift or as soon as practicable thereafter and shall, as far as possible, inform the employer of the estimated duration of the absence.
(b) The employer shall not change the rostered hours of work of an employee fixed by the roster or rosters applicable to the 14 days immediately following the commencement of sick leave merely by reason of the fact that she or he is on sick leave.
(c) For the purpose of this clause, ―service‖ means service in the employment of an employer.
(d) For the purpose of this clause, continuity of service in the employment shall not be broken by:
(i) paid absences from such employment on account of illnessor;
(e) Permanent Part-time Employees - A permanent part-time employee shall be entitled to personal/carers leave on a pro-rata basis. Such entitlements shall be subject to all the above conditions applying to full-time employees.
(f) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (h), who needs the employee‘s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued personal leave entitlement, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.
(g) The employee shall, if required, establish, by giving the employer evidence that would satisfy a reasonable person which may include production of a medical certificate from an employee‘s registered health practitioner or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer‘s leave under this subclause where another person has taken leave to care for the same person.
(h) The entitlement to use personal leave in accordance with this subclause is subject to:
(i) the employee being responsible for the care and support of the person concerned; and
(ii) the person concerned being:
(1) a spouse of the employee; or
(2) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(3) a child or an adult child (including an adopted child, a step child, a xxxxxx child or an ex nuptial child), parent (including a xxxxxx parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(4) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(5) a relative of the employee who is a member of the same household where, for the purposes of this subparagraph:
(A) relative means a person related by blood, marriage or affinity;
(B) affinity means a relationship that one spouse because of marriage has to blood relatives of the other; and
(C) household means a family group living in the same domestic dwelling.
(i) An employee shall, wherever practicable, give the employer notice, prior to the absence, of the intention to take leave, the name of the person requiring care and that person‘s relationship to the employee, the reasons for taking such leave and the estimated length of absence24.2.3. If it is not reasonably practicable for the employee Employee to give prior notice the Employer a medical certificate then provide a statutory declaration made by the Employee.
24.2.4. The required documentation must be given to the Employer as soon as reasonably practicable, which may be at a time before or after the sick leave has commenced.
24.2.5. This sub-clause does not apply to an Employee who could not comply with it because of absence, circumstances beyond the Employee’s control.
24.2.6. Single day absences
24.2.6.1. An employee is not entitled to single days of personal leave for personal injury and sickness on more than two occasions in any one year of service unless the employee shall notify produces to the employer satisfactory documentation as outlined in 24.2 above.
24.3. To be entitled to Xxxxx’s Leave an Employee must:
24.3.1. Provide notice to the Employer of the absence as soon as reasonably practicable to do so in accordance with the Workplace Relations Act.
24.3.2. Provide the Employer with satisfactory documentary evidence of the basis for the request for leave in accordance with the Workplace Relations Act including providing a medical certificate from a registered health practitioner or a statutory declaration made by telephone the Employee that the leave was required to provide care or support to a member of such absence at the first opportunity on Employee’s immediate family, or a member of the day employee’s household, who requires (or required) care or support because of:
24.3.2.1. a personal illness, or injury
24.3.2.2. an unexpected emergency
24.3.3. This sub-clause does not apply to an Employee who could not comply with it because of absencecircumstances beyond the Employee’s control.
Appears in 1 contract
Samples: Collective Agreement
Personal/Carer’s Leave. (a) Subject Personal/carer’s leave is:
i. taken by an Employee due to personal illness or injury of an Employee; or
ii. taken by an Employee to provide care or support to a member of the following limitations and conditionsEmployee’s immediate family, or a member of the Employee’s household, who requires care or support because of:
a. a personal illness, or injury, of the member; or
b. an employee shall be unexpected emergency affecting the member.
(b) From the date this agreement is made, employees are entitled to personal 10 days Personal/Carer’s leave on full pay calculated by allowing 76 rostered ordinary hours in respect of work for each year of continuous service.
(c) In addition, less any sick up to five (5) days of Personal Leave per year (non-cumulative) will be available for employees to access, to deal with mental health / personal issues or emergencies. These days will be taken in consultation with the Employee’s line manager and the Employer’s Human Resources representative, and in conjunction with access to the Employer’s Employee Assistance Program
(d) Employees are required to notify their Supervisor or other nominated Employer representative of their inability to attend for work, the expected duration of the absence and the nature of the illness or injury, as soon as is reasonably practicable.
(e) Employees are required to make an application for the payment of Personal/Carer’s leave on full pay already subsequent to providing notice and evidence to support their application for the payment of Personal Leave, to the satisfaction of the Employer, for each occasion that Personal/Carer’s leave is taken.
(if) An employee‘s entitlement to paid personal/carer‘s Employees must have the required leave accrues progressively during a year of service according to the employee‘s ordinary hours of work, and accumulates from year to year.
(ii) For each year of service with his or her employer, an employee is entitled to 10 days of paid personal/carer‘s leave.
(iii) An employee shall not be entitled to sick leave on full pay for any period in respect of which such employee is entitled to workers‘ compensation; provided, however, that an employer shall pay to an employee who has sick leave entitlement under this clause, the difference between the amount received as workers‘ compensation and full pay. The employee‘s sick leave entitlement under this clause shall, for each week during which such difference is paid, be reduced by that proportion of 38 hours which the difference paid bears to full pay.
(iv) All periods of sickness shall be certified by a medical certificate from the employee‘s registered health practitioner or statutory declaration, or such other evidence that would satisfy a reasonable person that the employee was unfit balance for the reason leave to be taken and approved and must notify their immediate supervisor or other nominated Employer representative of personal sick leave or carers leave. The employer may dispense with the requirements of a medical certificate or statutory declaration when the their absence does not exceed two consecutive days or where, in the employer‘s opinion, the circumstances are such as not to warrant such requirement.
(v) Each employee shall notify her/his employer of an absence from work due to illness or injury prior to the commencement of her/his rostered shift work or as soon as practicable thereafter and shall, as far as possible, inform the employer of the estimated duration of the absence.
(b) The employer shall not change the rostered hours of work of an employee fixed by the roster or rosters applicable to the 14 days immediately possible following the commencement of sick leave merely by reason of the fact that she or he is on sick leave.
(c) For the purpose of this clause, ―service‖ means service in the employment of an employer.
(d) For the purpose of this clause, continuity of service in the employment shall not be broken by:
(i) paid absences from such employment on account of illness;
(e) Permanent Part-time Employees - A permanent part-time employee shall be entitled to personal/carers leave on a pro-rata basis. Such entitlements shall be subject to all the above conditions applying to full-time employees.
(f) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (h), who needs the employee‘s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued personal leave entitlement, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single daywork.
(g) The employee shall, if required, establish, by giving the employer evidence that would satisfy a reasonable person which may include production of a medical certificate from an employee‘s registered health practitioner or statutory declaration, the illness of the person concerned and that the illness is Any such Employee who fails to comply with these conditions shall be treated as to require care by another person. In normal circumstances, an employee must not take carer‘s leave under this subclause where another person has taken leave to care for the same personabsent without authorisation.
(h) The entitlement to use personal leave in accordance with this subclause is subject to:
(i) the employee being responsible for the care and support of the person concerned; and
(ii) the person concerned being:
(1) a spouse of the employee; or
(2) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(3) a child or an adult child (including an adopted child, a step child, a xxxxxx child or an ex nuptial child), parent (including a xxxxxx parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(4) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(5) a relative of the employee who is a member of the same household where, for the purposes of this subparagraph:
(A) relative means a person related by blood, marriage or affinity;
(B) affinity means a relationship that one spouse because of marriage has to blood relatives of the other; and
(C) household means a family group living in the same domestic dwelling.
(i) An employee shall, wherever practicable, give the employer notice, prior to the absence, of the intention to take leave, the name of the person requiring care and that person‘s relationship to the employee, the reasons 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 shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
Appears in 1 contract
Samples: Enterprise Agreement
Personal/Carer’s Leave. (a) Subject An Employee’s entitlement to the following limitations and conditionspersonal/carer’s leave, an employee which includes sick leave, shall be entitled to personal 10 days, in accordance with the Act. Xxxx leave on full pay calculated by allowing 76 rostered ordinary hours of work for each year of continuous service, less any sick leave on full pay already taken.
(i) is not paid while an Employee is receiving worker's compensation. An employee‘s entitlement to paid personal/carer‘s leave accrues progressively during a year of service according to the employee‘s ordinary hours of work, and accumulates from year to year.
(ii) For each year of service with his or her employer, an employee is entitled to 10 days of paid personal/carer‘s leave.
(iii) An employee Employee shall not be entitled to sick be paid personal/carer’s leave for more ordinary hours than the Employee would have worked on full pay that day. Personal/carer’s leave shall be paid at the Employee's Wage Rate for any period in respect of which such employee is entitled to workers‘ compensation; provided, however, ordinary hours that an employer shall pay to an employee who has sick leave entitlement under this clausethe Employee would have worked. To be paid personal/carer’s leave, the difference between Employee must meet the amount received as workers‘ compensation and full pay. The employee‘s sick leave entitlement under this clause shall, for each week during which such difference is paid, be reduced by that proportion of 38 hours which the difference paid bears to full pay.following requirements:
(iva) All periods Have accrued personal/xxxxx’s leave;
(b) Notify LAJV of sickness the absence as soon as possible and not later than four hours from the Employee's start time;
(c) Advise LAJV how long the absence on personal leave is likely to be;
(d) Produce evidence satisfactory to LAJV of the illness or injury or the need to use personal leave, provided that where an Employee is absent on personal leave for two consecutive days or more or on more than two single day absences in any year evidence satisfactory to LAJV shall be certified by mean a medical certificate from the employee‘s a registered health practitioner or statutory declaration, or such other evidence that would satisfy a reasonable person that stating the employee was unfit for the reason of personal sick leave or carers leave. The employer may dispense with the requirements of a medical certificate or statutory declaration when the absence does not exceed two consecutive days or where, in the employer‘s opinion, the circumstances are such as not to warrant such requirement.
(v) Each employee shall notify her/his employer of an absence from work due to illness or injury prior to the commencement of her/his rostered shift or as soon as practicable thereafter and shall, as far as possible, inform the employer nature of the estimated duration of illness and the absence.
(b) The employer period the Employee will be unable to work. Personal/carer’s leave shall not change the rostered hours of work of an employee fixed by the roster or rosters applicable accumulate from year to the 14 days immediately following the commencement of sick leave merely by reason of the fact that she or he is on sick leave.
(c) For the purpose of this clauseyear. Accrued, ―service‖ means service in the employment of an employer.
(d) For the purpose of this clausebut untaken, continuity of service in the employment shall not be broken by:
(i) paid absences from such employment on account of illness;
(e) Permanent Part-time Employees - A permanent part-time employee shall be entitled to personal/carers carer’s leave is paid out on a pro-rata basis. Such entitlements shall be subject to all the above conditions applying to full-time employeestermination of employment.
(f) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (h), who needs the employee‘s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued personal leave entitlement, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.
(g) The employee shall, if required, establish, by giving the employer evidence that would satisfy a reasonable person which may include production of a medical certificate from an employee‘s registered health practitioner or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer‘s leave under this subclause where another person has taken leave to care for the same person.
(h) The entitlement to use personal leave in accordance with this subclause is subject to:
(i) the employee being responsible for the care and support of the person concerned; and
(ii) the person concerned being:
(1) a spouse of the employee; or
(2) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(3) a child or an adult child (including an adopted child, a step child, a xxxxxx child or an ex nuptial child), parent (including a xxxxxx parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(4) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(5) a relative of the employee who is a member of the same household where, for the purposes of this subparagraph:
(A) relative means a person related by blood, marriage or affinity;
(B) affinity means a relationship that one spouse because of marriage has to blood relatives of the other; and
(C) household means a family group living in the same domestic dwelling.
(i) An employee shall, wherever practicable, give the employer notice, prior to the absence, of the intention to take leave, the name of the person requiring care and that person‘s relationship to the employee, the reasons 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 shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
Appears in 1 contract
Samples: Workplace Agreement
Personal/Carer’s Leave. (a) Subject to the following limitations and conditions, an employee shall be entitled to personal leave on full pay calculated by allowing 76 rostered ordinary hours of work for each year of continuous service, less any sick leave on full pay already taken.
(i) An employee‘s entitlement to paid personal/carer‘s leave accrues progressively during a year of service according to the employee‘s ordinary hours of work, and accumulates from year to year.
(ii) For each year of service with his or her employer, an employee is entitled to 10 days of paid personal/carer‘s leave.
(iii) An employee shall not be entitled to sick leave on full pay for any period in respect of which such employee is entitled to workers‘ compensation; provided, however, that an employer shall pay to an employee who has sick leave entitlement under this clause, the difference between the amount received as workers‘ compensation and full pay. The employee‘s sick leave entitlement under this clause shall, for each week during which such difference is paid, be reduced by that proportion of 38 hours which the difference paid bears to full pay.
(iv) All periods of sickness shall be certified by a medical certificate from the employee‘s registered health practitioner or statutory declaration, or such other evidence that would satisfy a reasonable person that the employee was unfit for the reason of personal sick leave or carers leave. The employer may dispense with the requirements of a medical certificate or statutory declaration when the absence does not exceed two consecutive days or where, in the employer‘s opinion, the circumstances are such as not to warrant such requirement.
(v) Each employee shall notify her/his employer of an absence from work due to illness or injury prior to the commencement of her/his rostered shift or as soon as practicable thereafter and shall, as far as possible, inform the employer of the estimated duration of the absence.
(b) The employer shall not change the rostered hours of work of an employee fixed by the roster or rosters applicable to the 14 days immediately following the commencement of sick leave merely by reason of the fact that she or he is on sick leave.
(c) For the purpose of this clause, ―service‖ means service in the employment of an employer.
(d) For the purpose of this clause, continuity of service in the employment shall not be broken by:
(i) paid absences from such employment on account of illness;
(e) Permanent Part-time 27.1 Employees - A permanent part-time employee shall be entitled to personal/carers carer’s leave on a pro-rata basis. Such entitlements shall be subject to all in accordance with the above conditions applying to full-time employeesFW Act.
(f) An employee, other than a casual employee, with responsibilities in relation 27.2 Personal/xxxxx's leave includes leave for the Employee when ill or injured and leave for the Employee to provide care or support to a class member of person the Employee's immediate family or household who is sick or injured or who has an emergency as defined by the FW Act. Payment in respect of leave under this Clause is the Employee’s Wage Rate as set out in subparagraph (ii) Clause 14 of paragraph (h), who needs the employee‘s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued personal leave entitlement, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single dayAgreement.
(g) The employee shall, if required, establish, by giving 27.3 On each occasion that an Employee takes personal/carer's leave they must provide the employer evidence that would satisfy a reasonable person which may include production of Company with a medical certificate from an employee‘s a registered health medical practitioner or statutory declarationcomplete a Statutory Declaration stating that the Employee, or an immediate family or household member for whom the illness of the person concerned Employee was caring, was or is unwell and that the illness is such as Employee was unable to require care by another personattend for work on that occasion. This requirement may be modified at the Company's sole discretion. In normal circumstancesthe case of an emergency, an employee must not take carer‘s leave under this subclause where another person has taken leave to care for proof may be required in a form determined by the same personCompany.
(h) 27.4 The entitlement to use personal leave in accordance with this subclause is subject to:
(i) Employee must notify the employee being responsible for the care and support of the person concerned; and
(ii) the person concerned being:
(1) a spouse of the employee; or
(2) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(3) a child or an adult child (including an adopted child, a step child, a xxxxxx child or an ex nuptial child), parent (including a xxxxxx parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(4) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(5) a relative of the employee who is a member of the same household where, for the purposes of this subparagraph:
(A) relative means a person related by blood, marriage or affinity;
(B) affinity means a relationship that one spouse because of marriage has to blood relatives of the other; and
(C) household means a family group living in the same domestic dwelling.
(i) An employee shall, wherever practicable, give the employer notice, Company prior to the absencecommencing personal/xxxxx's leave or as soon as possible, of the intention day on which the Employee wishes to take personal/xxxxx's leave.
27.5 The Employee's paid personal/xxxxx's leave will accrue from year to year, however the name Employee is not entitled to a payment for any accrued but untaken personal/carer's leave on termination of the person requiring care and that person‘s relationship to the employee, the reasons Employee's employment 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 shall notify the employer by telephone of such absence at the first opportunity on the day of absencewhatever reason.
Appears in 1 contract
Samples: Plant Depot Agreement
Personal/Carer’s Leave. Objective:
(1) Personal/xxxxx’s leave will accrue at the rate of 27 calls on full pay for each year of completed service for appointed musicians. On commencement on trial a musician shall be credited with 13 calls on full pay and upon appointment be credited with 27 calls on full pay, subject to a maximum cumulative credit in any 12 month period of 27 calls on full pay Personal/carer’s leave refers to:
(a) Subject leave taken due to personal illness or injury (sick leave); or
(b) leave taken to provide care or support for a member of the employee’s immediate family or household who requires care or support due to personal illness or injury, or an unexpected emergency (carer’s leave).
(2) Personal/carer’s Leave is cumulative but only 18 calls paid leave in any year is available for carer’s leave. A further 4 calls unpaid carer’s leave will be available in any year.
(3) It shall not be necessary for a medical certificate to be produced in respect of a sick leave absence not exceeding 3 consecutive days to a total of 5 days annually. Where the period of absence exceeds three consecutive working days, such period in excess shall be without pay unless supported by a medical certificate. The Company may request evidence for any carer’s leave sought.
(4) If a musician is unable to return to work after all available personal/xxxxx’s leave credits are exhausted, the remaining period of leave shall be without pay.
(5) Where an employee has been absent through illness for 13 weeks continuously the grant of further leave shall be subject to medical examination by a legally qualified medical practitioner selected by or approved by the Managing Director.
(6) If the Managing Director has reason to believe that an employee is in such a state of health as to represent a danger to fellow employees or to the public, they may require the employee to submit to medical examination by a legally qualified medical practitioner selected by or approved by the Managing Director. Upon the receipt of the medical report, the Managing Director may direct the employee to remain absent from duties for a specified period or, if already on leave of absence, direct the employee to continue on leave for a specified period and the absence shall be regarded as sick leave.
(7) Leave shall not be granted with pay on account of illness caused by the misconduct of an employee, or in any case of absence from duty without sufficient cause.
(8) An employee shall, when required by the Managing Director to do so, submit to medical examination by a legally qualified medical practitioner selected by or approved by the Managing Director.
(9) An employee who falls sick while on annual leave and produces satisfactory medical evidence at the time, may be granted additional leave equivalent to the period of sickness falling within the scheduled period of annual leave, provided that sick leave for not less than one day is needed. Such absence will be recorded as sick leave subject to available credits. Annual leave re-credited under this clause will be taken at a time convenient to the operational requirements of the Company in the ensuing year.
(10) The range of health providers whose certificates will be accepted for sick leave purposes includes certificates from non-medical health practitioners under the following limitations conditions:
(a) a certificate issued by an osteopath registered to practice under State or Territorial legislation for grants of sick leave of up to five days in any sick leave year; and
(b) a certificate issued by an acupuncturist, naturopath, herbalist, chiropractor, physiotherapist or homoeopath for grants of sick leave up to three days in any sick leave year, of which no more than two days will be consecutive. The acceptance of the certificates from these practitioners is for sick leave purposes only, is subject to available sick leave credits, and conditionsdoes not provide an authority for the acceptance of these certificates in compensation claims except where specifically provided by the relevant legislation.
(11) The Managing Director may grant additional sick leave to a musician who during the first five years of service exhausts sick leave credits accrued on the basis of the foregoing provisions, to the extent of a year's credit in anticipation of sick leave next accruing. Where, in the case of a musician with long service, who has exhausted all sick leave on full pay, and the Company considers that such treatment is justified, the Company may grant additional sick leave.
(12) The maximum period of leave allowable with pay in respect of any continuous period of absence through illness shall be 52 weeks.
(13) If the Orchestra Manager has reason to believe that a musician is in such a state of health as to represent a danger to other employees or to the public the musician may be required to submit to medical examination by medical practitioner selected by or approved by the Company. Upon the receipt of the medical report, the Orchestra Manager may direct the musician to remain absent from duties for a specified period or, if already on leave of absence, direct the musician to continue on leave for a specified period and the absence shall be regarded as sick leave.
(14) If, consequent upon a report by a legally qualified medical practitioner that, by reason of contact with a person suffering from an infectious disease and through an operation or restriction imposed by law, a musician is unable to attend for duty the Orchestra Manager may grant leave of absence. Leave of absence so granted shall be regarded as sick leave, but the musician may elect that the whole or any portion thereof shall be deducted from the recreation leave, which is due instead of being regarded as sick leave.
(15) Leave shall not be granted with pay on account of illness caused by the misconduct of a musician, or in any case of absence from duty without sufficient cause. A musician shall, when required by the Orchestra Manager to do so, submit to medical examination by a legally qualified medical practitioner selected by or approved by the Company.
(16) The retirement of an employee on the ground of invalidity shall not, except with the consent of the musician, be entitled to personal effected earlier than the date on which credits of leave on full pay calculated by allowing 76 rostered ordinary hours of work would be exhausted provided that:
(a) the continuous period for each year of continuous service, less any which an employee may be granted sick leave on full pay already taken.immediately prior to retirement shall not exceed 52 weeks;
(ib) An employee‘s entitlement a further credit of sick leave shall not accrue to paid personal/carer‘s leave accrues progressively during a year of service according an employee subsequent to the employee‘s ordinary hours date of work, and accumulates from year the decision to year.effect the retirement;
(iic) For each year of service with his or her employer, in no case shall an employee is entitled to 10 days of paid personal/carer‘s leave.
(iii) An employee shall not be entitled to sick leave on full pay for any period in respect of which such employee is entitled to workers‘ compensation; provided, however, that an employer shall pay to an employee who has sick leave entitlement under this clause, extending beyond the difference between day immediately preceding the amount received as workers‘ compensation and full pay. The employee‘s sick leave entitlement under this clause shall, for each week during which such difference is paid, be reduced by that proportion of 38 hours which the difference paid bears to full pay.
(iv) All periods of sickness shall be certified by a medical certificate from the employee‘s registered health practitioner or statutory declaration, or such other evidence that would satisfy a reasonable person that the employee was unfit for the reason of personal sick leave or carers leave. The employer may dispense with the requirements of a medical certificate or statutory declaration when the absence does not exceed two consecutive days or where, in the employer‘s opinion, the circumstances are such as not to warrant such requirement.
(v) Each employee shall notify her/his employer of an absence from work due to illness or injury prior to the commencement of her/his rostered shift or as soon as practicable thereafter and shall, as far as possible, inform the employer of the estimated duration of the absence.
(b) The employer shall not change the rostered hours of work of an employee fixed by the roster or rosters applicable to the 14 days immediately following the commencement of sick leave merely by reason of the fact that she or he is on sick leave.
(c) For the purpose of this clause, ―service‖ means service in the employment of an employer.
(d) For the purpose of this clause, continuity of service in the employment shall not be broken by:
(i) paid absences from such employment on account of illness;
(e) Permanent Part-time Employees - A permanent part-time employee shall be entitled to personal/carers leave on a pro-rata basis. Such entitlements shall be subject to all the above conditions applying to full-time employees.
(f) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (h), who needs the employee‘s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued personal leave entitlement, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.
(g) The employee shall, if required, establish, by giving the employer evidence that would satisfy a reasonable person which may include production of a medical certificate from an employee‘s registered health practitioner or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer‘s leave under this subclause where another person has taken leave to care for the same person.
(h) The entitlement to use personal leave in accordance with this subclause is subject to:
(i) the employee being responsible for the care and support of the person concerned; and
(ii) the person concerned being:
(1) a spouse 65th anniversary of the employee; or
(2) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(3) a child or an adult child (including an adopted child, a step child, a xxxxxx child or an ex nuptial child), parent (including a xxxxxx parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(4) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(5) a relative of the employee who is a member of the same household where, for the purposes of this subparagraph:
(A) relative means a person related by blood, marriage or affinity;
(B) affinity means a relationship that one spouse because of marriage has to blood relatives of the other; and
(C) household means a family group living in the same domestic dwelling's birth.
(i) An employee shall, wherever practicable, give the employer notice, prior to the absence, of the intention to take leave, the name of the person requiring care and that person‘s relationship to the employee, the reasons 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 shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
Appears in 1 contract