AN170101 – Tasmanian Information Technology Industry Award
(a) An employee shall on the death of a member of the employee’s immediate family, or a member of the employee’s household be entitled upon application being made to, and approved by, the employer, to leave up to and including the day of the funeral of such relative and such leave will be without deduction of pay not exceeding the number of ordinary hours worked by the employee in the three ordinary days.
The employee to the satisfaction of the employer shall furnish proof of such death, in the form of a death notice or other written evidence.
The term ‘immediate family’ includes:
(i) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse, in relation to a person, means 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 bone fide domestic basis although not legally married to that person: and
(ii) child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including foster parent, step parent and legal guardian), grandparent, grandchild
(b) Unpaid Bereavement Leave
An employee may take unpaid bereavement leave by agreement with the employer.
(c) Casual Employees and Employees in Receipt of a Loading in lieu of Paid Leave
(i) Subject to the evidentiary requirements in subclause (a), casual employees and employees in receipt of a loading in lieu of paid leave are entitled to not be available to attend work, or to leave work upon the death in Australia of an immediate family or household member.
(ii) The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. Casual employees and employees in receipt of a loading in lieu of paid leave are not entitled to any payment for the period of non-attendance.
(iii) An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.
