PERSONAL/XXXXX’S LEAVE. (a) Personal/ xxxxx's leave includes personal sick leave and xxxxx's leave. Employees (other than casuals) will be entitled to 10 days of paid personal/ carer's leave per year of continuous service. (b) Paid personal/ xxxxx's leave is available to an employee (other than a casual) when he or she is absent due to: o personal illness or personal injury affecting the employee ("personal leave"); or o for the purposes of providing care and support to a member of the employee's immediate family or household because of a personal illness or injury (“xxxxx's leave"). This entitlement is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take carer's leave where another person has taken leave to care for the same person. Immediate family has the meaning set out in the Act. (c) Employees will be paid Total Salary while on personal/ carer's leave. (d) The balance of any unused personal/ xxxxx's leave will accumulate from year to year. (e) An employee shall, as soon as possible, inform the company of their inability to attend for duty and, as far as possible state the nature of the illness or incapacity and the estimated duration of the absence. In any case, the employee shall inform the company of their inability to attend prior to the transportation pick-up time or the commencement time of the shift, unless it is not practicable to do so. (f) The employee must, if required by the company establish by production of a medical certificate or other form to the satisfaction of the company: (i) that the employee was unable to attend work because of personal injury or personal illness; (ii) that the employee was unable to attend work because they were providing care or support to an immediate family member because of a personal illness, injury or unexpected emergency affecting that member. (g) In the event an employee has exhausted their personal/ carer's leave entitlement or if the employee is a casual employee, the employee may take up to two days unpaid leave to provide care (as outlined above) on each permissible occasion. (h) An employee may request in writing, once per year, to: (i) forfeit a portion of their accrued but untaken personal / carer’s leave and receive a payment at the Total Salary rate in lieu thereof; or (ii) Subject to the NES, salary sacrifice into an approved superannuation fund nominated by the employee any future personal leave entitlements provided that any such decision is made prior to the employee’s employment anniversary date and subject to any applicable Australian Taxation Office (ATO) rulings on superannuation; provided that the employee retains a balance of personal / carer’s leave equivalent to an accrued entitlement of at least 15 days accrual. (i) On termination, employees will be paid the Total Salary rate for any untaken personal / carer’s leave accrual.
Appears in 1 contract
Samples: Enterprise Agreement
PERSONAL/XXXXX’S LEAVE. (a) Personal/ xxxxx's ’s leave includes personal sick leave and xxxxx's leave. Employees (other than casuals) will be entitled to 10 days of paid personal/ carer's leave per year of continuous service.
(b) Paid personal/ xxxxx's carer’s leave is available to an employee (other than a casual) when he or she is absent due to: o personal illness or personal injury affecting the employee ("“personal leave"”); or o for the purposes of providing care and support to a member of the employee's ’s immediate family or household because of a personal illness or injury (“xxxxx's carer’s leave"”). This entitlement is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take carer's leave where another person has taken leave to care for the same person. Immediate family has the meaning set out in the Act.
(c) Employees will be paid Total Salary while on personal/ carer's ’s leave.
(d) The balance of any unused personal/ xxxxx's carer’s leave will accumulate from year to year.
(e) An employee shall, as soon as possible, inform the company of their inability to attend for duty and, as far as possible state the nature of the illness or incapacity and the estimated duration of the absence. In any case, the employee shall inform the company of their inability to attend prior to the transportation pick-up time or the commencement time of the shift, unless it is not practicable to do so.
(f) The employee must, if required by the company establish by production of a medical certificate or other form to the satisfaction of the company:
(i) that the employee was unable to attend work because of personal injury or personal illness;
(ii) that the employee was unable to attend work because they were providing care or support to an immediate family member because of a personal illness, injury or unexpected emergency affecting that member.
(g) In the event an employee has exhausted their personal/ carer's leave entitlement or if the employee is a casual employee, the employee may take up to two days unpaid leave to provide care (as outlined above) on each permissible occasion.
(h) An employee may request in writing, writing once per year, to:
(i) year to forfeit a portion of their accrued but untaken personal / carer’s leave and receive a payment at the Total Salary rate in lieu thereof; or
(ii) Subject to the NES, salary sacrifice into an approved superannuation fund nominated by the employee any future personal leave entitlements provided that any such decision is made prior to the employee’s employment anniversary date and subject to any applicable Australian Taxation Office (ATO) rulings on superannuation; provided that the employee retains a balance of personal / carerxxxxx’s leave equivalent to an accrued entitlement of at least 15 days days’ accrual.
(i) On termination, employees will be paid the Total Salary rate for any untaken personal / carer’s leave accrualaccruals.
Appears in 1 contract
Samples: Enterprise Agreement
PERSONAL/XXXXX’S LEAVE. (a) Personal/ Entitlement
(i) Every employee shall become entitled to not less than 76 hours for each completed year of employment (or if the National Employment Standards require a more generous entitlement, then that will apply). The entitlement accrues progressively during a year of service according to the employee's ordinary hours of work.
(ii) Payment for personal/xxxxx's leave includes personal sick leave and xxxxxwill be made based on the ordinary number of hours that would have been worked by the employee if they were not absent on personal/carer's leave. Employees (This does not include payment of shift premiums, overtime, 21st shift allowance and week-end penalty rates and other than casuals) will be entitled to 10 days of paid personal/ carer's leave per year of continuous servicesimilar payments.
(biii) Paid personal/ Personal/xxxxx's leave may be taken for part of a day.
(iv) Personal/xxxxx's leave shall be cumulative.
(v) Part-time employees accrue personal/xxxxx's leave on a proportional basis.
(vi) Personal/xxxxx's leave can be taken:
(A) because the employee is available to an employee (other than not fit for work because of a casual) when he or she is absent due to: o personal illness illness, or personal injury affecting the employee employee; or
("personal leave"); B) to provide care or o for the purposes of providing care and support to a member of the employee's immediate family or member of the employee's household who requires care or support because of a personal illness or injury or an unexpected emergency affected the member.
(“vii) Personal/xxxxx's leave"). This entitlement leave cannot be taken on rostered days off as such absences are outside the normal hours of duty.
(b) Employee must give notice
(i) The payment of personal/xxxxx's leave is subject to the employee being responsible for promptly advising the care and support employer of the employee's absence and its expected duration.
(ii) In the usual course:
(A) shiftworkers are to advise their designated site person concerned. In normal circumstances of their intended absence or absence as early as possible on an employee is not entitled agreed telephone number; and
(B) dayworkers are to take advise their designated site person of their intended absence or absence as early as possible;
(iii) A failure to provide the appropriate amount of notice in accordance with the site procedure may result in personal/carer's leave where another person has taken leave to care for the same personentitlements not being paid. Immediate family has the meaning set out in the ActExceptional cases will be considered on a case by case basis.
(c) Employees will be paid Total Salary while on personal/ carer's leave.Evidence supporting a claim
(d) The balance Monitoring of any unused personal/ personal/xxxxx's leave
(i) Formal monitoring of personal/carer's leave will accumulate from year be undertaken. If an employee is taking regular personal/carer's leave, management may make further enquires as to yearwhether the personal/carer's leave is genuine.
(ii) Such enquiries may result in counselling procedures being followed, or evidence required in excess of the evidence required in 7.8(c) above before an employee's request for personal/carer's leave is accepted.
(iii) If any counselling procedures are followed, the employee is entitled to have a representative of their choice present.
(e) An employee shall, as soon as possible, inform the company of their inability to attend for duty and, as far as possible state the nature of the illness or incapacity and the estimated duration of the absence. In any case, the employee shall inform the company of their inability to attend prior to the transportation pick-up time or the commencement time of the shift, unless it is not practicable to do so.
(f) The employee must, if required by the company establish by production of a medical certificate or other form to the satisfaction of the company:Accumulated personal/xxxxx's leave
(i) that An employee's accumulated personal/xxxxx's leave entitlements are preserved when:
(A) the employee was unable to attend work because of personal injury having been dismissed or personal illnessstood down by Xxxxxx, or the employee having himself/herself terminated their employment with Xxxxxx, for any period not exceeding three months: provided that employee shall have been re-employed by that employer;
(iiB) that the period during which the employment of the employee was unable to attend work because they were providing care with Wilmar shall have been interrupted or support to an immediate family member because determined in any of a personal illnessthe circumstances mentioned in paragraph (A) hereof shall not be taken into account in calculating the period of employment of the employee with Xxxxxx. For the avoidance of doubt, injury or unexpected emergency affecting that member.
(g) In the event an employee has exhausted their personal/ employees who qualify for paid personal/carer's leave entitlement or if the employee is a casual employee, the employee may take up to two days unpaid leave to provide care (as outlined above) on each permissible occasion.
(h) An employee may request in writing, once per year, to:
(i) forfeit a portion of their accrued but untaken personal / carer’s leave and receive a payment at the Total Salary rate in lieu thereof; or
(ii) Subject to the NES, salary sacrifice into an approved superannuation fund nominated by the employee any future personal leave entitlements provided that any such decision is made prior to the employee’s employment anniversary date and subject to any applicable Australian Taxation Office (ATO) rulings on superannuation; provided that the employee retains a balance of personal / carer’s leave equivalent to an accrued entitlement of at least 15 days accrual.
(i) On termination, employees will be paid the Total Salary rate for any untaken personal / carer’s leave accrualprovided with that entitlement based on their continuous service with Wilmar.
Appears in 1 contract
Samples: Enterprise Agreement
PERSONAL/XXXXX’S LEAVE. This clause applies to Employees, other than Casual Employees.
(a) Personal/ xxxxx's leave includes personal sick leave and xxxxx's leave. Employees (other than casuals) will be An Employee is entitled to 10 days of paid personal/ carerPersonal/Xxxxx's leave per based on the Employee's ordinary hours of duty and the Employee's ordinary rate of pay for each completed year of continuous serviceemployment with the Company.
(b) Paid personal/ xxxxxAn employee’s entitlement to paid Personal/Xxxxx's leave accrues progressively during the first year of service at the rate of one day of leave on the first day of the month after commencement of employment, and on each successive first of the month up to the maximum credit of 10 days leave for the year.
(c) For the second and subsequent years of employment a credit of a further 10 days of personal/carers leave accrues on the anniversary of employment.
(d) All accrued personal leave shall be available for use as Xxxxx's leave in accordance with the provisions outlined below.
(e) An Employee may take paid Personal/Xxxxx's leave if the leave is available to an employee (other than taken:
i. Because the Employee is unfit for work because of a casual) when he or she is absent due to: o personal illness or personal injury injury, affecting the employee ("personal leave")Employee; or
ii. To provide care or o for the purposes of providing care and support to a member of the employeeEmployee's immediate family family, or household because of a personal illness or injury (“xxxxx's leave"). This entitlement is subject to the employee being responsible for the care and support member of the person concerned. In normal circumstances an employee is not entitled to take carerEmployee's leave where another person has taken leave to care for the same person. Immediate family has the meaning set out in the Act.
(c) Employees will be paid Total Salary while on personal/ carer's leave.
(d) The balance of any unused personal/ xxxxx's leave will accumulate from year to year.
(e) An employee shallhousehold, as soon as possible, inform the company of their inability to attend for duty and, as far as possible state the nature of the illness or incapacity and the estimated duration of the absence. In any case, the employee shall inform the company of their inability to attend prior to the transportation pick-up time or the commencement time of the shift, unless it is not practicable to do so.
(f) The employee must, if required by the company establish by production of a medical certificate or other form to the satisfaction of the company:
(i) that the employee was unable to attend work because of personal injury or personal illness;
(ii) that the employee was unable to attend work because they were providing who requires care or support to an immediate family member because of a personal illness, injury or personal injury, affecting the member; or,
iii. Because of an unexpected emergency affecting that membera member of the Employee's family.
(f) An Employee may take unpaid Xxxxx's leave on a particular occasion if the leave is taken to provide care or support as provided for in sub-clause 9.4.6 of this Agreement.
(g) In Casual Employees engaged in continuous service with the event an employee has exhausted their personal/ carer's Company shall be entitled to personal leave entitlement or if the employee is a casual employee, the employee may take up to two days unpaid leave to provide care (as outlined above) on each permissible occasion.
(h) An employee may request in writing, once per year, to:
(i) forfeit a portion of their accrued but untaken personal / carer’s leave and receive a payment at the Total Salary rate in lieu thereof; or
(ii) Subject limited to the NESprovision of the sub-clause 9.4.3 of this Agreement. Payment for such leave is loaded in the casual hourly rate provided in the relevant Appendices of this Agreement. Accordingly, salary sacrifice into an approved superannuation fund nominated by the employee any future personal it is agreed that casual Employees shall not receive further payment for leave entitlements provided that any such decision is made prior to the employee’s employment anniversary date and subject to any applicable Australian Taxation Office (ATO) rulings on superannuation; provided that the employee retains a balance of personal / carer’s leave equivalent to an accrued entitlement of at least 15 days accrualtaken under this clause.
(i) On termination, employees will be paid the Total Salary rate for any untaken personal / carer’s leave accrual.
Appears in 1 contract
Samples: Enterprise Agreement
PERSONAL/XXXXX’S LEAVE. (a) Personal/ xxxxx's leave includes personal sick leave and xxxxx's leave. 22.1 Full-time Employees (other than casuals) will be entitled to 10 days of ten days’ paid personal/ personal/carer's ’s leave per for each completed year of continuous serviceservice (accumulating year on year). Part-time Employees will be entitled to personal/carer’s leave in accordance with the NES, and casual Employees will not be entitled to paid personal/carer’s leave.
22.2 Personal/xxxxx’s leave may be taken as:
(a) personal or sick leave, where the Employee has a personal illness or injury; or
(b) Paid personal/ xxxxx's leave carer’s leave, where an Employee is available required to provide care or support to an employee Immediate Family or Household Member who requires care or support because of:
(other than i) a casual) when he or she is absent due to: o personal illness or personal injury affecting the employee injury; or
("personal leave"); ii) an unexpected emergency.
22.3 An Employee (including a casual Employee) is entitled to two days’ unpaid carer’s leave for each occasion when an Immediate Family or o for the purposes of providing Household Member requires care and or support to a member of the employee's immediate family or household because of a personal illness or injury (“xxxxx's leave")injury, or an unexpected emergency. This entitlement is subject However, unpaid carer’s leave may not be taken by a part-time or full- time Employee when their paid personal/carer’s leave entitlements have not yet been exhausted.
22.4 Employees must give notice to the employee being responsible for the care and support their supervisor of the person concerned. In normal circumstances an employee is not entitled intention to take personal/carer's ’s or unpaid carer’s leave where another person has taken leave to care for the same person. Immediate family has the meaning set out in the Act.
(c) Employees will be paid Total Salary while on personal/ carer's leave.
(d) The balance of any unused personal/ xxxxx's leave will accumulate from year to year.
(e) An employee shall, as soon as possible, inform the company of their inability to attend for duty and, as far as possible state the nature of the illness or incapacity and the estimated duration of the absence. In any case, the employee shall inform the company of their inability to attend prior to the transportation pick-up time or the commencement time of the shift, unless it is not practicable to do so.
22.5 If an absence due to personal/carer’s or unpaid carer’s leave is two days or longer, an Employee may also be required to provide their supervisor with the following evidence as soon as reasonably practicable:
(fa) The employee must, if required by the company establish by production If an Employee requires a period of a medical certificate or other form to the satisfaction of the companypersonal leave:
(i) that the employee was unable to attend work because of personal injury or personal illness;
(ii) that the employee was unable to attend work because they were providing care or support to an immediate family member because of a personal illness, injury or unexpected emergency affecting that member.
(g) In the event an employee has exhausted their personal/ carer's leave entitlement or if the employee is a casual employee, the employee may take up to two days unpaid leave to provide care (as outlined above) on each permissible occasion.
(h) An employee may request in writing, once per year, to:
(i) forfeit a portion of their accrued but untaken personal / carer’s leave and receive a payment at the Total Salary rate in lieu thereofmedical certificate; or
(ii) Subject to the NESif not reasonably practicable, salary sacrifice into an approved superannuation fund nominated a statutory declaration made by the employee any future personal leave entitlements provided that any such decision is made prior to the employee’s employment anniversary date and subject to any applicable Australian Taxation Office (ATO) rulings on superannuation; provided Employee, stating that the employee retains Employee was, is or will be unfit to work during the period.
(b) If the Employee requires a balance period of personal / carer’s leave equivalent to an accrued entitlement of at least 15 days accrual.leave:
(i) On terminationa medical certificate stating that the Immediate Family or Household Member had or has a personal illness or injury; or
(ii) if not reasonably practicable, employees will or in the case of an unexpected emergency, a statutory declaration made by the Employee stating the reason that the Employee required the leave.
22.6 Employees that do not comply with the notice requirements under this clause when absent from work may not be paid the Total Salary rate for any untaken personal / and may face disciplinary action.
22.7 Personal/carer’s and unpaid carer’s leave accrualentitlements will not be debited for any day that falls on a prescribed public holiday.
22.8 Personal/xxxxx’s leave is not paid out on termination of employment.
22.9 If an Employee is receiving workers’ compensation payments, the Employee is not entitled to paid personal/carer’s leave for the period covered by the workers’ compensation payments, and the Employee is also not entitled to superannuation contributions on any workers’ compensation payments.
Appears in 1 contract
Samples: Enterprise Agreement
PERSONAL/XXXXX’S LEAVE. (a) Personal/ xxxxx's leave includes personal sick leave and xxxxx's leave. Employees (An Employee, other than casuals) a casual Employee, shall be entitled to 10 paid personal/carer’s leave days each year. An Employee will be entitled to take paid personal/carer’s leave days up to the total accrued by an employee year to year and will not be limited to 10 days of paid personal/ carer's leave per year of continuous serviceeach year.
(b) Paid personal/ xxxxx's Payment for personal/carer’s leave is available conditional upon the Employee:
(A) informing the Employer as soon as possible of their inability to an employee (other than a casual) when he or she is absent due to: o personal illness or personal injury affecting attend work, the employee ("personal leave"); or o for the purposes of providing care and support to a member nature of the employee's immediate family or household because of a personal illness or injury and the estimated duration of absence; and
(“xxxxx's leave"). This entitlement is subject B) providing a medical certificate or other suitable evidence to the employee being responsible Employer for any absence due to illness, only in the care and support case of the person concernedfollowing: - 2 consecutive sick days or. In normal circumstances an employee is - the day immediately before or after a Public Holiday or weekend. - For each additional day after taking more than 5 individual sick days within a six-month period for which you did not entitled to take carer's leave where another person has taken leave to care for the same person. Immediate family has the meaning set out in the Actprovide evidence.
(c) Employees If an Employee is absent from work other than on approved personal/carer’s leave and does not provide the above evidence, then that Employee will be deemed to have been absent from work without authorisation and will not be paid Total Salary while on personal/ carer's leavefor any hours not worked.
(d) The balance An Employee is not entitled to be paid personal/carer’s leave while in receipt of any unused personal/ xxxxx's leave will accumulate from year to yearworker’s compensation or income protection payments.
(e) An employee shall, Employee is entitled to use paid personal/carer’s leave accruals as soon as possible, inform the company carer’s leave to provide care and support for/to a member of their inability to attend for duty and, as far as possible state the nature immediate family or household who requires special care because of:
(A) a personal illness or injury of the illness or incapacity and family member; or
(B) an unexpected emergency affecting the estimated duration of the absence. In any case, the employee shall inform the company of their inability to attend prior to the transportation pick-up time or the commencement time of the shift, unless it is not practicable to do sofamily member.
(f) The employee mustAn Employee is entitled to a further 2 days unpaid carer’s leave on each occasion where care is required beyond the maximum paid carer’s leave. To qualify for unpaid carer’s, if required by leave the company establish by production Employee must have already used all of their paid carer’s leave entitlements and satisfy any requirements of the Fair Work Act.
(g) To qualify for paid xxxxx’s leave, the Employee must provide:
(A) a medical certificate or other form to reasonable evidence stating that there is an illness or injury and the satisfaction of the company:
(i) that the employee was unable to attend work because of personal injury or personal illness;
(ii) that the employee was unable to attend work because they were providing requirement for care or support to an immediate family member because of a personal illness, injury or unexpected emergency affecting that member.
(g) In the event an employee has exhausted their personal/ carer's leave entitlement or if the employee is a casual employee, the employee may take up to two days unpaid leave to provide care (as outlined above) on each permissible occasion.
(h) An employee may request in writing, once per year, to:
(i) forfeit a portion of their accrued but untaken personal / carer’s leave and receive a payment at the Total Salary rate in lieu thereofsupport; or
(iiB) Subject to a statutory declaration stating the NESnature of the emergency and the requirement for care or support, salary sacrifice into in the case of an approved superannuation fund nominated by the employee any future personal leave entitlements provided that any such decision is made prior to the employee’s employment anniversary date and subject to any applicable Australian Taxation Office (ATO) rulings on superannuation; provided that the employee retains a balance of personal / carer’s leave equivalent to an accrued entitlement of at least 15 days accrualemergency.
(i) On termination, employees will be paid the Total Salary rate for any untaken personal / carer’s leave accrual.
Appears in 1 contract
Samples: Enterprise Agreement