Operational
Ambulance Officers (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Health
Administration Corporation.
(No. IRC 383 of 2006)
Before The Honourable
Justice Wright, President
|
13 February 2006
|
VARIATION
SCHEDULE 1
1. Delete the
words "28. Personal/Carer’s Leave,
Family and Community Services Leave" and "Schedule B -
Personal/Carer’s leave, Family and Community Service Leave (Policy Directive
2005_431)", appearing in clause 2, Arrangement, of the award published 16
June 2006 (359 I.G. 948), and insert in lieu thereof the following:
28. Family and
Community Services Leave and Personal/Carer’s Leave
Schedule B - Family and Community Services Leave and Personal/Carer’s
Leave
2. Delete clause
28, Personal/Carer’s Leave, Family and Community Services Leave, and insert in
lieu thereof the following:
28. Family and
Community Services Leave and Personal/Carer’s Leave
Employees shall be granted family and community services
leave and personal/carer’s leave in accordance with the provisions at Schedule
B - Family and Community Services Leave and Personal/Carer’s Leave of this
award.
3. Delete clause
29, Maternity, Adoption and Parental Leave, and insert in lieu thereof the
following:
29. Maternity,
Adoption and Parental Leave
This clause is to be read in conjunction with the Service’s
Instructional Circular 05/16 or subsequent replacement Instructional Circulars
as issued by the Service.
A. Maternity Leave
(a) Eligibility
for Paid Maternity Leave
(i) Full time
employees
Female employees who prior to the expected date of
birth, have completed at least forty (40) weeks continuous service (of not less
than 31.25 hours per week) are eligible for paid maternity leave.
(ii) Permanent
part-time employees
Permanent part-time employees are employees engaged on
a permanent part-time basis as defined by their Award. Female employees
employed on this basis are entitled to pro-rata paid maternity leave after
forty (40) weeks continuous service.
(iii) An employee
who has once met conditions for paid maternity leave will not be required to
again work the forty (40) weeks continuous service in order to qualify for a
further period of paid maternity leave, unless:
(1) there has been
a break in service where the employee has been re-employed or re-appointed
after resignation, medical retirement, or after her services have been
otherwise dispensed with; or
(2) the employee
has completed a period of leave without pay of more than forty (40) weeks. In
this context, leave without pay does not include sick leave without pay,
maternity leave without pay, or leave without pay associated with an illness or
injury compensable under workers’ compensation legislation.
(b) Entitlements
to Paid Maternity Leave
(i) Eligible
employees are entitled to fourteen (14) weeks at the ordinary rate of pay from
the date maternity leave commences. This leave may commence up to fourteen (14)
weeks prior to the expected date of birth.
(ii) Paid
maternity leave may be paid:
on a normal fortnightly basis; or
in advance in a lump sum; or
at the rate of half pay over a period of twenty-eight
(28) weeks on a regular fortnightly basis.
Annual and/or long service leave credits can be
combined with periods of maternity leave on half pay to enable an employee to
remain on full pay for that period.
(iii) Should an
employee return to duty during the period of paid maternity leave, such paid
leave ceases from the date duties are resumed.
(c) Entitlements
to Unpaid Maternity Leave
(i) An employee
entitled to paid maternity leave is entitled to a further period of unpaid
maternity leave of not more than twelve (12) months from the actual date of birth.
The leave therefore does not extend beyond the child’s first birthday.
(ii) Full time or
permanent part time female employees who are not eligible for paid maternity
leave are entitled to unpaid maternity leave of not more than 12 months.
(d) Applications
for Maternity Leave
(i) An employee
who intends to proceed on maternity leave should formally notify their
Operations Manager/Operations Centre Manager (in writing) of such intention as
early as possible however, not less than eight (8) weeks prior to the
commencement of leave. This notice must include a statement of:
(1) The intention
to proceed on maternity leave;
(2) The expected
date of birth certified by a medical practitioner;
(3) The period of
leave to be taken;
(4) The date on
which maternity leave is to commence;
(5) You must also
attach a Statutory Declaration stating any period of parental leave sought or
taken by your spouse. This declaration must also state that the applicant is
the child’s primary caregiver for the period of leave sought.
(6) Your
entitlement to maternity leave is reduced by any period of parental leave taken
by your spouse. Apart from parental leave of one (1) week at the time of birth,
maternity leave is not to be taken concurrently with parental leave except as
otherwise provided at subclause (a)(i) of Part D of this clause.
(e) Applications
for Further Maternity Leave
(i) Where an
employee becomes pregnant whilst on maternity leave, a further period of
maternity leave may be granted. If an
employee enters on the second period of maternity leave during the currency of
the initial period of maternity leave, then any residual maternity leave from
the initial entitlement ceases.
(ii) An employee
who has taken no more than 12 months full time equivalent maternity leave is
entitled to be paid at their normal rate (i.e. the rate at which they were paid
before proceeding on maternity leave) for another period of such leave
regardless of whether they resume their normal hours of work before proceeding
on the second period of maternity leave.
(iii) An employee
who commences a subsequent period of maternity leave during the first 12 months
of a return to duty on a part time basis as provided under subclause (a)(iii) of
Part D of this clause is entitled to be paid at their substantive full time
rate for the subsequent period of maternity leave.
(iv) An employee who
commences a subsequent period of maternity leave more than 12 months after
returning to duty on a part time basis under subclause (a)(iii) of Part D of
this clause, will be entitled to paid maternity leave for the subsequent period
of maternity leave at their part time rate.
(f) Variations of
Maternity Leave
After commencing maternity leave, an employee may vary
the period of her maternity leave -
(i) once without
the consent of the Service, but with a minimum of fourteen (14) days notice in
writing; and
(ii) otherwise
with the consent of the Service, with a minimum of fourteen (14) days notice in
writing.
However, more advanced notice is encouraged, especially
for uniformed staff because of roster arrangements.
(g) Staffing
Provisions
In accordance with obligations established by the
Industrial Relations Act 1996 (Section 69) any person who occupies the position
of an employee on maternity leave must be informed that the employee has the
right to return to her former position. Additionally, since an employee has the
right to vary the period of her maternity leave; offers of temporary employment
should be in writing, stating clearly the temporary nature of the contract of
employment. The duration of employment should be also set down clearly; to a
fixed date or until the employee elects to return to duty, whichever occurs
first.
(h) Effect of
Maternity Leave on Accrual of Leave, Increments, etc
(i) Unpaid
maternity leave does not count as service for the purposes of accruing sick
leave (unless the period of unpaid leave is less than one month, although it is
unlikely that unpaid maternity leave would be for such a lesser period), annual
leave (unless the period of unpaid maternity leave is less than 28 calendar
days) or long service leave (unless the employee has completed ten years
service and the period of unpaid maternity leave is less than six months).
(ii) Unpaid
maternity leave is not to be counted as service for determining incremental
progression. Periods of maternity leave at full pay and at half pay are to be
regarded as service for incremental progression on a pro-rata basis.
Notwithstanding the foregoing, increments based on age must be paid on
attainment of the appropriate age.
(iii) During a
period of unpaid maternity leave the employee will not be required to meet the
employer’s superannuation liability. The employee will, however, be required to
make any necessary arrangements for their own contributions.
(iv) When the
employee has resumed duties, any period of full pay leave is counted in full
for the accrual of annual leave and any period of maternity leave on half pay
is taken into account to the extent of one half thereof when determining the
accrual of annual leave.
(v) Except in the
case of employees who have completed ten (10) years service the period of
maternity leave without pay does not count as service for long service leave purposes.
Where the employee has completed ten (10) years service, the period of
maternity leave without pay shall count as service provided such leave does not
exceed six (6) months.
(vi) Where public
holidays occur during the period of paid maternity leave, payment is at the
rate of maternity leave received, i.e. public holidays occurring in a period of
full pay maternity leave are paid at full rate and those occurring during a
period of half pay leave are paid at half rate.
(i) Illness
Associated with Pregnancy
(i) If, because
of an illness associated with her pregnancy, an employee is unable to continue
to work, then she can elect to use any available paid leave (sick, annual
and/or long service leave) or to take any sick leave without pay.
(ii) Where an
employee is entitled to paid maternity leave but, because of illness or injury,
is on workers’ compensation, sick, annual, long service leave, or sick leave
without pay prior to the birth, such leave will cease nine (9) weeks prior to
the expected date of birth. The employee will then commence on maternity leave
with the normal provisions applying.
(j) Effect of
Premature Birth on Payment of Maternity Leave
An employee who gives birth prematurely prior to
proceeding on maternity leave, shall be treated as being on maternity leave
from the date she enters on leave to give birth to the child.
(k) Stillbirth
In the case of a stillbirth, (as classified by the
Registry of Births, Deaths and Marriages) an employee may elect to take sick
leave or maternity leave, subject to production of a medical certificate. She
may resume duty at any time provided she produces a doctor's certificate as to
her fitness.
(l) Miscarriage
In the event of a miscarriage, any absence from work is
to be covered by the current sick leave provisions.
(m) Fitness to
Continue Working During Pregnancy and Alternative Work
(i) Whilst an
employee may commence maternity leave up to fourteen (14) weeks, prior to the
expected date of birth, this is not compulsory. However, if an employee decides
to continue working prior to taking maternity leave, she must be able to
satisfactorily perform her normal duties.
(ii) Where,
because of an illness or risk associated with her pregnancy, an employee cannot
carry out the duties of her position, an employer is obligated, as far as
practicable, to provide alternative employment in some other position that she
is able to satisfactorily to perform, until maternity leave commences. A position to which an employee is
transferred under these circumstances must be as close as possible in status
and salary to her substantive position.
(iii) Pregnant
Ambulance Officers and Patient Transport Officers may take up their entitlement
to alternative duties at any time during their pregnancy if their medical
condition determines they are unable to carry out normal duties.
(n) Medical
Certificate Requirement
In the case of Ambulance Officers and Patient Transport
Officers a medical certificate must be provided at 24 weeks gestation to their
supervisor, confirming fitness and ability to continue working in normal
duties.
(o) Right to
Return to Previous Position
(i) An employee
who returns to work after maternity leave has a right to return to her former
position.
(ii) Where this
position no longer exists, the employee is entitled to be placed in a position
nearest in status and salary to that of her former position and to which the
employee is capable and/or qualified.
(p) Portability of
Service for Paid Maternity Leave
When determining an employee’s eligibility for paid
maternity leave, continuous service with an organisation that is part of the
public sector service as defined in the Public Sector Employment and
Management Act 2002 will be recognised, provided that:
service was on a full time or permanent part time (as
specified) basis;
cessation of service with the former employer was not
by reason of dismissal on any ground, except retrenchment or reduction of work;
the employee commences duty with the new employer on
the next working day after ceasing employment with the former employer. (There
may be a break in service of up to 2 months before commencing duty with the new
employer, provided that the new position was secured before ceasing duty with
the former employer. However, such a break in service will not be counted as
service for the purpose of calculating any prior service prerequisite for paid
maternity leave.)
Portability of service for paid maternity leave
involves the recognition of service in public sector organisations for the
purpose of determining an employee’s eligibility to receive paid maternity
leave. For example, where an employee moves between a Public Service Department
and a public hospital, previous continuous service will be counted towards the
service prerequisite for paid maternity leave.
B. Adoption Leave
(a) Eligibility
for Adoption Leave
(i) All full time
and permanent part time employees who are adopting a child and are to be the primary
care giver of the child are entitled to unpaid adoption leave .
(ii) Employees who
are adopting a child and are to be the primary care giver of the child are
entitled to paid adoption leave as follows:
Full time employees
Employees who, prior to the date of taking custody of
the child, have completed 40 weeks continuous service (of not less than 31.25
hours per week) are eligible for paid adoption leave.
Permanent part-time employees
Permanent part-time employees are employees engaged in
a permanent part-time basis as defined by their Award. These employees are
entitled to pro-rata paid adoption leave after forty (40) weeks continuous
service.
(iii) An employee
who has once met conditions for paid adoption leave will not be required to
again work the forty (40) weeks continuous service in order to qualify for a
further period of paid adoption leave, unless:
(1) there has been
a break in service where the employee has been re-employed or re-appointed
after resignation, medical retirement, or after her services have been
otherwise dispensed with; or
(2) the employee
has completed a period of leave without pay of more than forty (40) weeks. In
this context, leave without pay does not include sick leave without pay,
maternity leave without pay, or leave without pay associated with an illness or
injury compensable under workers’ compensation legislation.
(b) Entitlements
(i) Paid Adoption
Leave
Eligible employees are entitled to fourteen (14) weeks
at the ordinary rate of pay. This leave may commence from the date of taking
custody of the child.
Paid adoption leave may be paid:
on a normal fortnightly basis; or
in advance in a lump sum; or
at the rate of half pay over a period of twenty-eight
(28) weeks on a regular fortnightly basis.
Annual and/or long service leave credits can be
combined with periods of adoption leave at half pay to enable an employee to
remain on full pay for that period.
(ii) Unpaid
Adoption Leave
Eligible employees are entitled to unpaid adoption
leave as follows:
where the child is under the age of 12 months - a
period of not more than 12 months from the date of taking custody;
where the child is over the age of 12 months and under
18 years old - a period of up to 12 months, such period to be agreed upon by
both the employee and the employer.
(c) Applications
for Adoption Leave
(i) Due to the
fact that an employee may be given little notice of the date of taking custody
of a child, employees who believe that, in the reasonably near future, they
will take custody of a child, should formally notify the employer as early as
practicable of the intention to take adoption leave, normally 8 weeks prior.
This will allow arrangements associated with the adoption leave to be made.
(ii) A statement
must also be provided from the adoption agency or appropriate body/government
authority confirming that the applicant/ employee is to have custody and the
expected date of placement of the child.
(d) Applications
for Further Adoption Leave
Same provisions as maternity leave.
(e) Variations of
Adoption Leave
Same provisions as maternity leave.
(f) Staffing
Provisions
Same provisions as maternity leave.
(g) Effect of
Adoption Leave on Accrual of Leave, Increments, etc
Same provisions as maternity leave.
(h) Right to
Return to Previous Position
Same provisions as maternity leave.
(i) Portability
of Service for Paid Adoption Leave
Same provisions as maternity leave.
C. Parental Leave
(a) Eligibility
for Parental Leave
(i) Full time employees
Employees who, prior to the expected date of birth or
to the date of taking custody of the child, have completed 40 weeks continuous
service (of not less than 31.25 hours per week) are eligible for parental
leave.
(ii) Permanent
part-time employees
Permanent part-time employees are employees engaged in
a permanent part-time basis as defined by their Award. These employees are
entitled to pro-rata paid parental leave after forty (40) weeks continuous
service.
(iii) An employee
who has once met conditions for parental leave will not be required to again
work the forty (40) weeks continuous service in order to qualify for a further
period of parental leave, unless:
(1) there has been
a break in service where the employee has been re-employed or re-appointed
after resignation, medical retirement, or after her services have been
otherwise dispensed with; or
(2) the employee
has completed a period of leave without pay of more than forty (40) weeks. In
this context, leave without pay does not include sick leave without pay,
maternity leave without pay, or leave without pay associated with an illness or
injury compensable under workers’ compensation legislation.
(b) Entitlements
Eligible employees whose spouse or partner (including a
same sex partner) is pregnant or is taking custody of a child, are entitled to
a period of leave not exceeding 52 weeks, which includes one week of paid
leave, and may be taken as follows:
(i) An unbroken
period of up to one week at the time of the birth of the child, taking custody
of the child or other termination of the pregnancy (short parental leave).
(ii) The
entitlement of one week’s paid leave may be taken at anytime within the 52 week
period and shall be paid:
at the employees ordinary rate of pay for a period not
exceeding one week on full pay, or
two weeks at half pay or the period of parental leave
taken, whichever is the lesser period.
(iii) A further
unbroken period of unpaid parental leave not exceeding 52 weeks when added to short
parental leave in order to be the primary caregiver of the child (extended
parental leave).
(iv) Extended
parental leave cannot be taken at the same time as the employee’s spouse or
partner is on maternity or adoption leave, except as otherwise provided at
subclause (a)(i) of Part D of this clause.
Annual and/or long service leave credits can be
combined with periods of parental leave at half pay to enable an employee to
remain on full pay for that period.
(c) Applications
for Parental Leave
(i) An employee
who intends to proceed on parental leave should formally notify their employer
of such intention as early as possible, so that arrangements associated with
their absence can be made.
(ii) The employee
should give written notice of the intention to take the leave, at least four
weeks before proceeding on leave, and should detail the dates on which they
propose to start and end the period of leave. It is recognised in situations of
taking custody of a child, little or no notice may be provided to the employee.
In such an instance, the employee should notify the employer as early as
practicable.
(iii) The employee
must, before the start of leave, provide a certificate from a medical
practitioner confirming that their spouse or partner is pregnant and the
expected date of birth, or in the case of an adoption, an official form or
notification on taking custody of the child.
(iv) In the case of
extended parental leave, the employee must, before the start of leave, provide
a statutory declaration by the employee stating:
if applicable, the period of any maternity leave sought
or taken by his spouse, and
that they are seeking the period of extended parental
leave to become the primary caregiver of the child.
(d) Variations of
Parental Leave
Same provisions as maternity leave.
(e) Staffing
Provisions
Same provisions as maternity leave.
(f) Effect of
Parental Leave on Accrual of Leave, Increments, etc.
Same provisions as maternity leave.
(g) Right to
Return to Previous Position
Same provisions as maternity leave.
(h) Portability of
Service for Paid Parental Leave
Same provisions as maternity leave.
D. Right to
Request
(a) An employee
entitled to maternity, adoption or parental leave may request the employer to
allow the employee:
(i) to extend the
period of simultaneous parental leave use up to a maximum of eight weeks;
(ii) to extend the
period of unpaid maternity, adoption or extended parental leave for a further
continuous period of leave not exceeding 12 months;
(iii) to return
from a period of maternity, adoption or parental leave on a part time basis
until the child reaches school age;
to assist the employee in reconciling work and parental
responsibilities.
(b) The employer
shall consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer’s business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(c) The employee’s
request and the employer’s decision made under subclauses (a)(ii) and (iii) of
this Part must be recorded in writing.
(d) Where an
employee wishes to make a request under subclause (a)(iii) of this Part:
(i) the employee
is to make an application for leave without pay to reduce their full time
weekly hours of work;
(ii) such
application must be made as early as possible to enable the employer to make
suitable staffing arrangements. At
least four weeks notice must be given
(iii) salary and
other conditions of employment are to be adjusted on a basis proportionate to
the employee’s full time hours, that is for long service leave the period of
service is to be converted to the full time equivalent and accredited
accordingly.
E. Communication
During Leave
(a) Where an
employee is on maternity, adoption or parental leave and a definite decision
has been made to introduce significant change at the workplace, the employer
shall take reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing leave; and
(ii) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee’s decision regarding the duration of leave to be
taken, whether the employee intends to request to return to work on a part time
basis.
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer’s capacity to comply with subclause (a) of this
Part.
4. Delete
Schedule B - Family and Community Services Leave and Personal/Carer’s Leave,
and insert in lieu thereof the following:
SCHEDULE B
Family and
Community Services Leave And Personal/Carers’ Leave
Family and Community Services (FACS) Leave and
Personal/Carer’s Leave are separate, stand alone entitlements.
A. FACS Leave
(a) FACS Leave -
General
(i) For the
purpose of this clause relating to FACS leave:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one
spouse because of marriage has to blood relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
(ii) A manager may
grant FACS leave to an employee:
(1) to provide
care and/or support for sick members of the employee’s relatives or household;
or
(2) for reasons
related to the family responsibilities of the employee (e.g. to arrange and or
attend a funeral of a relative; to accompany a relative to a medical
appointment where there is an element of emergency; parent/teacher meetings;
education week activities; to meet elder-care requirements of a relative); or
(3) for reasons
related to the performance of community service by the employee (e.g. in
matters relating to citizenship; to office holders in local government, other
than as a mayor, for attendance at meetings, conferences or other associated
duties; representing Australia or the State in major amateur sport other than
in Olympic/Commonwealth Games); or
(4) in a case of
pressing necessity (e.g. where an employee is unable to attend work because of
adverse weather conditions which either prevent attendance or threaten life or
property; the illness of a relative; where a child carer is unable to look
after their charge).
(iii) FACS leave
replaces compassionate leave.
(iv) An employee is not
to be granted FACS leave for attendance at court to answer a criminal charge,
unless the Chief Executive Officer or authorised delegate approves the grant of
leave in the particular case.
Applications for FACS leave to attend court, for
reasons other than criminal charges, will be assessed on an individual basis.
(b) FACS Leave -
entitlement
(i) The maximum
amount of FACS leave on full pay that may be granted to an employee is:
(1) 3 working days
during the first year of service, commencing on and from 1 January 1995, and
thereafter 6 working days in any period of 2 years; or
(2) 1 working day,
on a cumulative basis effective from 1 January 1995, for each year of service
after 2 years’ continuous service, minus any period of FACS leave already taken
by the employee since 1 January 1995,
whichever method provides the greater entitlement.
(ii) For the
purposes of calculating entitlements under (b)(i)(1) and (2) above, a working
day for employees working 38 hours per week shall be deemed to consist of 8
hours. For shift workers the rate at which FACS leave is paid out and utilised
shall be on actual hours absent from a rostered shift.
Example A: An employee working 38 hours per week will
have an entitlement, in their first year of employment, to 24 hours of FACS
leave. If the employee take FACS leave for a full 10 hour shift, the employee
would be debited 10 hours of FACS leave.
Example B: An employee, employed prior to 1 January
1995, applies for FACS leave on 20 February 1997. The employee is entitled to 6
days in any period of two years. Therefore, to calculate the employee’s
available FACS leave as at 20 February 1997, add all FACS leave taken from 21
February 1995 to 20 February 1997 and deduct that amount from the 6 days
entitlement.
(iii) FACS leave is
available to part-time employees on a pro rata basis, based on the average
number of hours worked per week. A working day shall consist of one-fifth of
the employee’s average weekly hours during the preceding 12 months or during
the employee’s period of employment, whichever is the lesser period.
Example: An employee working an average of 30 hours per
week will have an entitlement, in his/her first year of employment, of 18 hours
of FACS leave. If the employee takes FACS leave for a full rostered shift eg of
4 hours, the employee would be debited 4 hours of FACS leave. Likewise, if the
employee was rostered for 8 hours and was absent for the full 8 hours on FACS
leave, he/she would be debited 8 hours of FACS leave.
(c) Additional
FACS leave for bereavement purposes
Where FACS leave has been exhausted, additional FACS
leave of up to 2 days for bereavement may be granted on a discrete, "per
occasion" basis to an employee on the death of a relative or member of a household
as defined in subclause (a) (i) of Part A of this clause.
(d) Use of other
leave entitlements
A manager may grant an employee other leave
entitlements for reasons related to family responsibilities or community
service, by the employee.
An employee may elect, with the consent of the
employer, to take annual leave; long service leave; or leave without pay.
B. Personal/Carer’s
Leave
(a) Use of sick
leave to care for the person concerned - definitions
A person who needs the employee’s care and support is
referred to as the "person concerned" and is:
(i) a spouse of
the employee; or
(ii) 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
(iii) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) a relative of
the employee who is a member of the same household, where for the purpose of
this clause relating to Personal/Carer’s Leave:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one spouse
because of marriage has to blood relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
(b) Use of sick
leave to care for the person concerned - entitlement
(i) The entitlement
to use sick leave in accordance with this subclause is subject to:
(1) the employee
being responsible for the care and support of the person concerned; and
(2) the person
concerned being as defined in subclause (a) of Part B of this clause.
(ii) Other than an
employee who receives a loading in lieu of sick leave, an employee with
responsibilities in relation to a person who needs their care and support shall
be entitled to use the untaken sick leave, from that year’s annual sick leave
entitlement, to provide care and support for such persons when they are ill.
(iii) Sick leave
accumulates from year to year. In addition to the current year’s grant of sick
leave available under (ii) above, sick leave untaken from the previous 3 years
may also be accessed by an employee with responsibilities in relation to a
person who needs their care and support.
(iv) A manager may,
in special circumstances, make a grant of additional sick leave. This grant can
only be taken from sick leave untaken prior to the period referred to in
subclause (iii) above.
(v) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, that the illness of the person concerned is such as to
require care by another person.
(vi) The employee
has the right to choose the method by which the ground for leave is
established, that is, by production of either a medical certificate or
statutory declaration.
(vii) The employee is
not required to state the exact nature of the relevant illness on either a
medical certificate or statutory declaration.
(viii) The 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.
(ix) In normal
circumstances, the employee must not take leave under this part where another
person has taken leave to care for the same person.
(c) Use of other
leave entitlements
An employee may elect, with the consent of the
employer, to take:
(i) annual leave,
including annual leave not exceeding 10 days in single day periods or part
thereof, in any calendar year at a time or times agreed by the parties. An
employee and employer may agree to defer payment of the annual leave loading in
respect of single day absences, until at least 5 consecutive annual leave days
are taken. An employee may elect with the employer’s agreement to take annual
leave at any time within a period of 24 months from the date at which it falls
due.
(ii) long service
leave; or
(iii) leave without
pay for the purpose of providing care and support to the person concerned as
defined in subclause (a) of Part B of this clause.
(d) Time off in
lieu of payment of overtime
(i) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment of overtime at a time or times agreed with the employer within 12
months of the said election
(ii) Overtime
taken as time off during ordinary time shall be taken at the ordinary time
rate, that is, one hour off for each hour of overtime worked.
(iii) If, having
elected to take time as leave in accordance with (d)(i) above and the leave is
not taken for whatever reason, payment for time accrued at overtime rates shall
be made at the expiry of the twelve 12 month period from the date the overtime
was worked, or earlier by agreement, or on termination.
(iv) Where no
election is made in accordance with paragraph (d)(i) above, the employee shall
be paid overtime rates in accordance with the provisions of clause 13,
Overtime.
(e) Use of make-up
time
(i) An employee
may elect, with the consent of the employer, to work "make-up time".
"Make-up time" is worked when the employee takes time off during ordinary
hours for family or community service responsibilities, and works those hours
at another time, during the spread of ordinary hours provided for in clauses 10
and 11 of this Award, at the ordinary rate of pay.
(ii) An employee
on shift work may elect, with the consent of the employer, to work
"make-up time" (under which the employee takes time off during
ordinary hours and works those hours at another time) at the applicable shift
work rate which would have been applicable to the hours taken off.
5. This
variation shall take effect on and from 19 December 2005.
F.
L. WRIGHT J , President
____________________
Printed by
the authority of the Industrial Registrar.