AN120058 – Boarding House Staff (Independent Schools) (State) Award 2004
12.1. Use of Sick Leave
(a) A full-time or part-time employee with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c) of this subclause who needs the employee’s care and support shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for at Clause 7 of the award, for absences to provide care and support for such persons when they are ill. Such leave maybe taken for part of a single day.
(b) The employee shall, if required by the employer, establish either by production of a medical certificate, statutory declaration, written statement or other evidence that the person concerned is ill and requires care. In normal circumstances, an employee shall not take carer’s leave under this clause where another person has taken leave to care for a person referred to in subparagraph (ii) of paragraph (c) of this subclause.
(c) The entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee being responsible for the care and support of the person concerned; and
(ii) the person concerned being:
(A) a member of the employee’s immediate family; or
(B) a member of the employee’s household. The term ‘immediate family’ includes:
(1) a spouse (including 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 bonafide domestic basis although not legally married to the person; and
(2) a child or adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), a parent (including a foster parent or legal guardian), grandparent, grandchild or sibling of the employee or spouse of the employee.
(d) The employee shall not be entitled to paid carer’s leave unless he or she notifies the Principal of the school (or a person deputised by the Principal) of the need for carer’s leave and the estimated period of absence at the first available opportunity and where possible, before the first organised activity at the school on the day of absence. The employee will have sick leave credits available to the extent of the leave to be taken.
(e) Notwithstanding paragraph (a) of this subclause, a part-time employee is only entitled to an amount of carer’s leave in the same proportion the hours of a part-time employee bears to the hours of a full-time employee.
(f) Any carer’s leave taken in accordance with this clause shall be deducted from the sick leave entitlement of the employee in accordance with Clause 7 of the award.
12.2. Unpaid Leave
An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in subparagraph (ii) of paragraph (c) of subclause 12.1 of this clause who is ill.
12.3. Annual Leave
(a) to give effect to this clause, but subject to the Annual Holidays Act 1944, an employee may elect, with the consent of the employer, to take annual leave not exceeding five days in any calendar year at a time or times agreed by the parties.
(b) Access to annual leave, as prescribed in paragraph (a) of this subclause shall be exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee and employer may agree to defer payment of annual leave loading in respect of single day absences, until at least five annual leave days are taken.
12.4. Make-up Time
An employee may elect, with the consent of their employer, to work ‘make-up time’, under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.
