AN170101 – Tasmanian Information Technology Industry Award
(a) Paid Carer’s Leave
(i) In accordance with this subclause, an employee is entitled to use up to a maximum of five days per annum of any current or accrued personal leave entitlement provided for at Part VI, Clause 4 - Personal Leave of the award for absences to provide care and support for either members of their immediate family or household who need their care and support when they are ill.
Leave may be taken for part of a single day.
For the purposes of this clause part-time employees shall be entitled to use up to a maximum of one week of any current or accrued personal leave entitlement per annum.
Where a part-time employee’s hours of work are not constant, the employee’s entitlement to carer’s leave shall be based on the average number of weekly hours worked by the employee during the 12 month period immediately preceding the commencement of the relevant period of carer’s leave or the employee’s actual period of service if less than 12 months
(ii) If required the employee must establish, either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person.
(iii) The entitlement to use personal leave in accordance with this subclause is subject to the person being either:
(1) a member of the employee’s immediate family, or
(2) a member of the employee’s household.
The term ‘immediate family’ includes
(A) 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 bona fide domestic basis although not legally married to that person; and
(B) 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 or sibling of the employee or spouse of the employee.
(iv) Where practicable the employee must give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and the person’s relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable 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.
(v) In normal circumstances an employee must not take carer’s leave under this clause where another person has taken leave to care for the same person.
(b) Unpaid Carer’s Leave
An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care to a family or household member who is ill.
(c) Grievance Process
Any dispute or claim arising out of the Carer’s Leave provisions of the award shall be dealt with in the following manner:
(i) the matter shall first be discussed between the employee and the employee’s immediate supervisor.
(ii) if not settled the matter shall be discussed between the employee’s workplace delegate or representative and the immediate supervisor and the relevant manager with the authority to approve leave.
(iii) if not settled the employee may refer the matter to the relevant union official to enable discussions between the appropriate union representatives and management representatives to occur.
(iv) if not settled the matter may be submitted to the Tasmanian Industrial Commission for determination.
