AN120185 – Draughting Employees, Planners, Technical Employees, &c (State) Award
7.4.1 Use of Sick Leave
7.4.1(a) An employee other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph 7.4.1(c), who needs the employees care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for in 7.3 - Sick Leave for absences to provide care and support, for such persons when they are ill. Such leave may be taken for part of a single day.
7.4.1(b) The employees shall, if required, establish either 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 person. In normal circumstances, an employee must not take carers leave under this subclause where another person has taken leave to care for the same person.
7.4.1(c) The entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee being responsible for the care of the person concerned; and
(ii) the person concerned being:
(iii) a spouse of the employee; or
(iv) a de facto spouse, who, in relation to a person, is 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 bona fide domestic basis although not legally married to that person; or
(v) a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(a) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(b) a relative of the employee who is a member of the same household, where for the purposes of this paragraph:
(c) "relative" means a person related by blood, marriage or affinity;
(d) "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and
(e) "household" means a family group living in the same domestic dwelling.
7.4.1(d) An employee 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 that persons relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
7.4.2 Unpaid Leave for Family Purpose
An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph I of subclause 7.4.1 who is ill.
7.4.3 Use of Annual Leave
7.4.3(a) An employee may elect with the consent of the employer, subject to clause 7.1 - Annual Leave, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.
7.4.3(b) Access to annual leave, as prescribed in paragraph (a) of this subclause above, shall be exclusive of any shutdown period provided for elsewhere under this award.
7.4.3(c) An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.
7.4.4 Use of Time Off in Lieu of Payment for Overtime
7.4.4(a) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.
7.4.4(b) Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.
7.4.4(c) If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.
7.4.4(d) Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.
7.4.5 Use of Make-up Time
7.4.5(a) An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off during 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.
7.4.5(b) An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.
7.4.6 Use of Rostered Days Off
7.4.6(a) An employee may elect, with the consent of the employer, to take a rostered day off at any time.
7.4.6(b) An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.
7.4.6(c) An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.
7.4.6(d) This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.
7.4.7 Bereavement Leave
7.4.7(a) An employee, other than a casual employee shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed for in 7.4.1(c), provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.
7.4.7(b) The employee must notify the employer as soon as practicable of the intention to take bereavement leave. If required by the employer, the employee will provide to the satisfaction of the employer, proof of death.
7.4.7(c) An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.
7.4.7(d) Bereavement leave may be taken in conjunction with other leave available under 7.4.1, 7.4.2, 7.4.3, 7.4.4, 7.4.5 and 7.4.6. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.
