AP782505CR - Graphics Arts - General - Award 2000
[7.2 corrected by S2976; substituted by PR964986 ppc 11Nov05]
The provisions of this clause apply to full-time and regular part-time employees (on a pro rata basis) but do not apply to casual employees. The entitlements of casual employees are set out in 4.1.4(g).
7.2.1 Definitions
7.2.1(a) The term immediate family includes:
7.2.1(a)(i) spouse (including a former spouse, a de facto 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
7.2.1(a)(ii) 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.
7.2.1(b) Accumulated personal leave is personal leave accumulated under 7.2.3(a) and 7.2.3(b).
7.2.2 Amount of paid personal leave
7.2.2(a) Paid personal leave is available to a weekly employee when the employee is absent:
7.2.2(b) The amount of personal leave to which a weekly employee is entitled depends on how long the employee has worked for the employer and accrues as follows:
Length of time worked for the employer |
Personal leave |
(hours) | |
Less than 1 month |
0 |
1 month |
6-2/3 |
2 months |
13-1/3 |
3 months |
20 |
4 months |
26-2/3 |
5 months |
33-1/3 |
6 months to less than 12 months |
40 |
Each year thereafter |
64 |
7.2.3 Accumulation of personal leave
7.2.3(a) First year of employment
At the end of the first year of employment, unused personal leave accrues by the lesser of:
7.2.3(a)(i) 40 hours less the number of hours of personal leave taken during the year; or
7.2.3(a)(ii) the balance of the year's unused personal leave.
7.2.3(b) Second and subsequent years of employment
At the end of the second and subsequent years of employment, unused personal leave accrues by the lesser of:
7.2.3(b)(i) 64 hours less the number of hours of personal leave taken during the year; or
7.2.3(b)(ii) the balance of the year's unused personal leave.
7.2.3(c) Maximum amount of accumulated personal leave
Personal leave may accumulate to a maximum of 640 hours.
7.2.4 Personal leave for personal injury and illness
7.2.4(a) An employee is entitled to use the full amount of their personal leave entitlement including accrued leave for the purposes of personal illness or injury, subject to the conditions set out in this clause.
7.2.4(b) After the first six months of service, an employee may apply to be paid for any personal leave for personal injury and illness to which the employee was not entitled, due to insufficient service, up to a maximum of 40 hours.
7.2.5 Personal leave to care for an immediate family or household member
7.2.5(a) A full-time weekly employee is entitled to use up to 80 hours personal leave, including accrued leave, each year to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency, subject to the conditions set out in this clause.
7.2.5(b) 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 personal leave to care for an immediate family or household member where another person has taken leave to care for the same person.
7.2.5(c) By agreement between an employer and an individual employee, the employee may access an additional amount of their accrued personal leave for the purposes set out in this clause, beyond the limit set out in this clause. In such circumstances, the employer and the employee shall agree on the additional amount that may be accessed.
7.2.6 Employee must give notice
An employee must give, as soon as reasonably practicable and before the employee's ordinary hours of the first day or shift of such absence, inform the employer of the employee's inability to attend for duty and state:
7.2.6(a) in the case of personal leave for personal injury and illness the nature of the injury or illness and the estimated duration of the absence; or
7.2.6(b) in the case of personal leave to care for an immediate family or household member:
7.2.6(c) If it is not practicable for the employee to give prior notice of absence during the ordinary hours of the first day or shift of such absence, the employee must inform the employer within 24 hours of such absence.
7.2.7 Evidence supporting claim
The employee must, if required by the employer, establish to the satisfaction of the employer, by production of a medical certificate or statutory declaration:
7.2.7(a) in the case of personal leave for personal injury and illness, that the employee was unable to work because of injury or illness; or
7.2.7(b) in the case of personal leave to care for members of their immediate family or household who are sick and require care and support, that the illness is such as to require care by another; or
7.2.7(c) in the case of personal leave to care for members of their immediate family or household due to an unexpected emergency, the nature of the emergency and that such an emergency resulted in the person concerned requiring care by the employee.
7.2.8 The effect of workers' compensation
If an employee is receiving workers' compensation payments, the employee is not entitled to personal leave for personal injury and illness leave.
7.2.9 Limitation on single day absences
7.2.9(a) An employee who has already had two paid single days personal leave for personal injury and illness in the year, is not entitled to further paid single day personal leave for personal injury and illness in that year, without production to the employer of a medical certificate which states that the employee was unable to attend for duty on account of personal injury or illness.
7.2.9(b) An employer may agree to accept a statutory declaration instead of a medical certificate
7.2.9(c) Nothing in this clause limits the employer's rights under 7.2.7.
7.2.10 Unpaid leave
Where an employee has exhausted all paid personal leave entitlements, they are entitled to take unpaid personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. The employer and the employee shall agree on the period. In the absence of agreement, the employee is entitled to take up to two days (up to a maximum of 16 hours) per occasion, provided the requirements of 7.2.6 and 7.2.7 are met.
