AP785611 - Journalists (Television) Award 1998
24.1 Amount of paid personal leave
24.1.1 Paid personal leave is available to a member when he or she is absent due:
to personal illness or injury (sick leave); or
for the purposes of caring for an immediate family or household member who is sick and requires the member’s care and support (carer’s leave); or
because of bereavement on the death of an immediate family or household member(bereavement leave).
24.1.2 The amount of personal leave to which a member is entitled to depends on how long he or she has worked for the employer and is as follows:
Length of time worked for the employer |
Personal leave |
Less than 13 weeks |
2 Days full pay |
13 weeks to 1 year |
22 days full pay, 20 days half pay and 20 days quarter pay |
1 year to 5 years |
22 days full pay, 20 days half pay and 20 days quarter pay per year |
More than 5 years |
42 days full pay, 40 days half pay and 40 days quarter pay per year |
24.2 Immediate family or household
24.2.1 The entitlement to carer’s leave or bereavement leave is subject to the person in respect of whom the leave is taken being either:
24.2.1(a) a member of the member’s immediate family; or
24.2.1(b) a member of the member’s household.
24.2.2 The term immediate family includes:
24.2.2(a) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the member. A de facto spouse means a person of the opposite sex to the member who lives with the member as his or her husband or wife on a bona fide domestic basis; and
24.2.2(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 member or spouse of the member.
24.3 Sick leave
24.3.1 Definition
Sick leave is leave to which a member, other than a casual, is entitled without loss of pay because of his or her personal illness or injury.
24.3.2 Entitlement
A member is entitled to sick leave from personal leave up to the amount specified in the scale set out below. The amount of sick leave a member is entitled to depends on how long he or she has worked for the employer and is as follows:
Length of time worked for the employer |
Personal leave |
Less than 13 weeks |
Nil |
13 weeks to 1 year |
20 days full pay, 20 days half pay and 20 days quarter pay |
1 year to 5 years |
20 days full pay, 20 days half pay and 20 days quarter pay per year |
More than 5 years |
40 days full pay, 40 days half pay and 40 days quarter pay per year |
24.3.3 The right to sick leave shall be subject to the employer being satisfied that the member's absence is due to sickness or incapacity. The employer shall be entitled to require the production of a medical certificate and/or to have a member claiming the benefits of this clause examined by a medical practitioner nominated by the employer at the employer's expense. A member who refuses to be examined by the medical practitioner shall not be entitled to the benefits of this clause.
24.3.4 Sickness or incapacity arising from misbehaviour, wilful contribution or lack of reasonable care, shall not entitle a member to the benefits of this clause.
24.3.5 If, in any particular case, an employer is required by law to make any payment or compensation to a member who is ill, then, to the extent of the payment of compensation actually made, the provisions in this clause or any substituted shall abate.
24.3.6 An employer shall not be obliged to make payment to a member in any 12 months of employment, dating from the date of his or her original engagement, in respect of a period longer than that specified in subclause 24.3 whether the member is absent on one or more occasions.
24.3.7 An employer shall not be liable for payment under the provisions of this clause to any member absent from duty as a result of an injury received from specific form of recreation, hobby or exercise, if the employer has given specific individual notification in writing to the member that, if the member further indulges in that particular form of recreation, hobby or exercise, no liability in the case of injury arising therefrom shall attach to the employer. A general notification by circular or otherwise shall not exempt an employer from liability under this subclause.
24.4 Bereavement leave
A member is entitled to use two days personal leave, as bereavement leave in accordance with the following provisions. Subject to prompt notice being given to the employer and proof of death being provided, a member shall be entitled to a maximum of two days leave on the death of a spouse, child, stepchild, father, mother, brother, sister, grandparent, mother-in-law, father-in-law.
24.5 Carer’s leave
24.5.1 Paid leave entitlement
A member is entitled to use up to five days 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 member being responsible for the care and support of the person concerned. In normal circumstances a member is not entitled to take carer’s leave where another person has taken leave to care for the same person.
24.5.2 Notice required
The member 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 their relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the member to give prior notice of absence, the member shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
24.5.3 Evidence supporting claim
The member must, if required by the employer, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that illness is such as to require care by another.
24.5.4 Unpaid leave
A member may take unpaid carer’s leave by agreement with the employer.
