AP818456CRV - Wool Scourers and Carbonisers Award 2002
31.1 Amount of paid personal leave
31.1.1 Paid personal leave is available to an employee when they are absent:
31.1.2 The amount of personal leave to which an employee is entitled depends on how long they have worked for the employer and accrues as follows:
Length of time worked for the employer |
Personal leave (Hours) |
Less then twelve months |
54 |
Twelve months or more |
76 |
Provided that an employee who normally works eight or more hours a day so as to provide a rostered day(s) off in a work cycle in accordance with this award is entitled to the following amount of personal leave:
Length of time worked for the employer |
Personal leave (Hours) |
Less than twelve months |
56 |
Twelve months or more |
80 |
31.2 Accumulation of personal leave
31.2.1 First year of employment
At the end of the first year of employment, unused personal leave accrues by the lesser of:
31.2.1(a) 38 hours (or 40 hours if the employee normally works eight or more hours in a day) less the amount of sick leave and carer’s leave taken during the year; or
31.2.1(b) the balance of the year's unused personal leave.
31.2.2 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:
31.2.2(a) 60.8 hours (or 64 hours if the employee normally works eight or more hours in a day) less the amount of sick leave and carer's leave taken; or
31.2.2(b) the balance of the year's unused personal leave.
31.2.3 Maximum amount of accumulated personal leave
Personal leave may accumulate to a maximum of 729.6 hours (or 768 hours if the employee normally works eight or more hours a day).
31.3 Definitions
31.3.1 The term immediate family includes
31.3.1(a) 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
31.3.1(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.
31.3.2 Accumulated Personal Leave is personal leave accumulated under 31.2.1 and 31.2.2.
31.4 Sick leave
31.4.1 Entitlement
31.4.1(a) The amount of personal leave an employee may take as sick leave depends on how long they have worked for the employer and accrues as set out in the following tables.
31.4.1(b) Accumulated personal leave may be used for sick leave if the current sick leave entitlement is exhausted.
Length of time worked for the employer |
Rate of accrual of paid sick leave |
Less than one month |
0 |
Three months to less than twelve months |
five days |
Each year thereafter |
eight days |
31.4.2 The effect of workers' compensation
If an employee is receiving workers' compensation payments, they are not entitled to sick leave.
31.5 Employee must give notice
The employee must, as soon as reasonably practicable and within 24 hours of the commencement of the absence, inform the employer of their inability to attend for duty and as far as practicable state the nature of the injury or illness and the estimated duration of the absence.
31.6 Evidence supporting claim
The employee shall prove to the satisfaction of the employer that he/she was unable to attend for duty on account of personal illness or injury.
31.7 Sickness on day off
Where an employee is sick or injured on a rostered day off, he/she shall not be entitled to sick pay nor will his/her sick pay entitlement be reduced as a result of sickness or injury that day
31.8 Bereavement leave
31.8.1 Paid leave entitlement
31.8.1(a) Death in Australia
A full time employee is entitled to use up to sixteen hours personal leave as bereavement leave on each occasion and on production of satisfactory evidence (if required by the employer) of the death in Australia of either a member of the employee's immediate family or household.
31.8.1(b) Death outside Australia
A full time employee is entitled to use up to sixteen hours personal leave as bereavement leave on each occasion, and on production of satisfactory evidence (if required by the employer) of the death outside Australia of either a member of the employee's immediate family or household, where the employee travels outside Australia to attend the funeral.
31.8.2 Part time employees
A part time employee is entitled to take two days, up to a maximum of sixteen hours bereavement leave on the same basis as prescribed for full time employees except that leave is only available where a part time employee would normally work on either or both of the two working days following the death.
31.8.3 Unpaid bereavement leave
Where an employee has exhausted all personal leave entitlements, including accumulated leave entitlements, they are entitled to take unpaid bereavement leave. The employer and employee should agree on the length of the unpaid leave. In the absence of agreement, a full time employee is entitled to take up to sixteen hours unpaid leave and a part time employee is entitled to take up to two days unpaid leave, to a maximum of sixteen hours, provided the requirements of 31.8.1 and 31.8.2 are met.
31.9 Carer's leave
31.9.1 Paid leave entitlement
An employee is entitled to use up to 40 hours personal leave each year to care for members of their 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.
31.9.2 Notice required
31.9.2(a) When taking carer's leave the employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty. If it is not reasonably possible to inform the employer during the ordinary hours of the first day or shift of such absence, the employee will inform the employer within 24 hours of such absence.
31.9.2(b) The notice must include:
31.9.2(c) The employee must, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that such illness requires care by another.
31.9.3 Unpaid carer's leave
An employee may take unpaid carer's leave by agreement with the employer.
