AN120505 – Social and Community Services Employees (State) Award
43.1 Use of Sick Leave
(a) An employee with responsibilities in relation to a class of person set out in (c) (ii) who needs their care and support shall be entitled to use, in accordance with this sub-clause, any sick leave entitlement for absences to provide care and support for such persons when they are ill or who require care due to an unexpected emergency. Such leave may be taken for part of a single day.
(b) The employee shall, if required,
(i) establish 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, or
(ii) establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.
(c) The entitlement to use sick leave in accordance with this sub-clause is subject to:
(i) the employee being responsible for the care or support of the person concerned; and
(ii) the person concerned being:
(a) a spouse of the employee; or
(b) 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
(c) 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
(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(e) a relative of the employee who is a member of the same household, where for the purpose of this paragraph:
1. "relative" means a person related by blood, marriage or affinity
2. "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and
3. "household" means a family group living in the same domestic dwelling.
(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 their relationship to the employee, the reasons for taking such leave and the estimated length of absence.
Note: In the unlikely event that more than 10 days sick leave in any year is to be used for caring purposes the employer and the employee shall discuss appropriate arrangements which, as far as practicable, take account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the disputes procedure at clause 48 should be followed.
43.2 Unpaid Leave for Family Purpose
(a) 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 43.1 (c) (ii) above who is ill or who requires care due to an unexpected emergency.
43.3 Annual Leave
(a) To give effect to this clause, an employee may elect, with the consent of the employer, to take annual leave not exceeding ten days in single day periods in any calendar year at a time or times agreed by the parties.
(b) Access to annual leave, as prescribed in 43.3 (a) above, shall be exclusive of any shutdown period provided for elsewhere under this Award.
(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.
(d) An employee may elect with the employer’s agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.
43.4 Time Off in Lieu of Payment for Overtime
(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.
(b) Overtime taken as time off during ordinary hours shall be taken at the ordinary time rate, that is an hour for each hour worked.
(c) An employer shall, if requested by an employee, provide payment, at the rate provided for the payment of overtime in the Award, for any overtime worked under sub-clause (a) above where such time has not been taken within four weeks of accrual. Notwithstanding anything contained elsewhere in this sub-clause, on notice from the employer, an employee must elect within six months of accrual, whether to take overtime worked under (a) above as an overtime payment or as time off work at the ordinary time rate of pay.
43.5 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.
43.6 Catholic Employers Personal Carer’s Leave
Clause 43 - Personal/Carer’s Leave of this Award shall not apply to employees of a body which has been established by the Catholic Church to propagate religion, who are covered by the Social and Community Services Catholic Personal Carer’s Leave (State) Award published 7 May 1999 (309 IG 204) as varied.
