AP780630CRV - Entertainment and Broadcasting Industry - Theatre Managers - Cinema - Award 1998
26.1 Amount of paid personal leave
26.1.1 Paid personal leave is available to an employee when he or she is absent due to:
26.1.1(a) personal illness or injury (sick leave); or
26.1.1(b) for the purposes of caring for an immediate family or household member that is sick and requires the employee’s care and support (carer’s leave); or
26.1.1(c) because of bereavement on the death of an immediate family or household member (bereavement leave).
26.1.2 The amount of personal leave to which an employee is entitled depends on how long he or she has worked for the employer and accrues as follows:
Length of time worked for the employer (hours) |
Personal leave |
Less than 1 month |
16 |
1 month to less than 3 months |
32 |
3 months to less than 6 months |
48 |
6 months to less than 12 months |
92 |
Each year thereafter |
92 |
26.1.3 In any year unused personal leave accrues by lesser of:
26.1.3(a) 76 hours less the total amount of sick leave and carer’s leave taken during the year; or
26.1.3(b) the balance of the year’s unused personal leave.
26.1.4 Personal leave may accumulate to a maximum of 760 hours.
26.2 Immediate family or household:
26.2.1 The entitlement to carer’s or bereavement leave is subject to the person in respect of whom the leave is taken being either:
26.2.1(a) a member of the employee’s immediate family; or
26.2.1(b) a member of the employee’s household.
26.2.2 The term immediate family includes:
26.2.2(a) spouse (including a former spouse, a defacto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis; and
26.2.2(b) child or an adult child (including an adopted child, a step child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.
26.3.1 Definition
Sick Leave is leave to which an employee other than a casual is entitled without loss of pay because of his or her personal illness or injury.
26.3.2 The amount of personal leave an employee may take as sick leave entitlement is for an unlimited period of time, subject to the employee providing satisfactory evidence to the employer within 24 hours of the commencement of such absence, that the absence was reasonable because of either:
26.3.2(a) the illness was due to neither the employees’ own fault nor to an accident arising otherwise than out of and in the course of the employees employment; or
26.3.2(b) any injury to the employee caused by accident arising out of and in the course of the employees employment.
26.3.3 Should the employee fail to comply with the above provisions, the employee will not be paid for the period of such absence.
26.3.4 Should a dispute arise in regard to the deduction of pay on the ground that satisfactory evidence has not been produced or forwarded, the provisions set out in clause 9 (Procedure to avoid Industrial Disputation) will apply.
26.3.5 If an employee is receiving workers’ compensation payments, he or she is not entitled to sick leave.
26.4.1 Paid leave entitlement
An employee other than a casual is entitled to use up to two days personal leave as bereavement leave on any occasion on which a member of the employee’s immediate family or household in Australia dies.
26.4.2 Unpaid leave entitlement
Where an employee has exhausted all personal leave entitlements, including accumulated entitlements, he or she is entitled to up to two days unpaid bereavement leave.
26.4.3 Evidence supporting claim
The employer may require the employee to provide satisfactory evidence of the death of the member of the employee’s immediate family or household.
26.5.1 Paid leave entitlement
An employee other than a casual is entitled to use up to 40 hours personal leave each year to care for members of his or her immediate family or household who are sick and require care and support. 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.
26.5.2 Notice required
26.5.2(a) Before taking carer’s leave, an employee must give at least two hours’ notice before his or her next rostered starting time, unless he or she has a good reason for not doing so.
26.5.2(b) The notice must include:
26.5.2(b)(i) the name of the person requiring care and support and his or her relationship to the employee;
26.5.2(b)(ii) the reason for taking such leave; and
26.5.2(b)(iii) the estimated length of absence.
26.5.2(c) If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone at the first opportunity.
26.5.3 Evidence supporting claim
The employee must, if required by the employer, establish 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.
26.5.4 Unpaid leave
An employee may take unpaid carer’s leave by agreement with the employer.
