AN150038 – Clerks (Retail Industry) Award

CLAUSE 7.5 CARERS LEAVE
OPDATE 12:03:2004 on and from

7.5.1 Definitions

7.5.1.1 Carers Leave means leave provided in accordance with this clause.

7.5.1.2 Immediate Family includes:

7.5.1.2(a) spouse (including a former spouse, a defacto spouse and a former defacto spouse) of the employee. A defacto spouse, in relation to a person, means a person of the opposite sex to 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; and

7.5.1.2(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 employee or spouse of the employee.

7.5.1.3 Sick Leave means leave provided for in accordance with clause 7.2.

7.5.2 Paid carers leave

7.5.2.1 An employee (other than a casual employee) with responsibilities in relation to either members of the employees immediate family or household who need the employees care and support is entitled to up to 38 hours in any completed year of continuous service (pro rata for part-time employees) to provide care and support for such persons when they are ill.

7.5.2.2 The entitlement to use carers leave is subject to the employee being responsible for the care of the person concerned.

7.5.2.3 The employee must, if required by the employer, 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.

7.5.2.4 In normal circumstances an employee must not take carers leave where another person has taken leave to care for the same person.

7.5.2.5 Notice Required

7.5.2.5(a) The employee must, where practicable, give the employer:

(a) notice prior to the absence of the intention to take leave,

(b) the name of the person requiring care and that persons relationship to the employee, and

(c) the reasons for taking such leave and the estimated length of absence.

7.5.2.5(b) If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone of such absence at the first opportunity on the day of the absence.

7.5.2.6 The amount of carers leave taken is to be deducted from:

(a) the bereavement leave entitlement provided for in clause 7.3.1 until exhausted; and then

(b) the amount of the employees sick leave credit.

7.5.3 Unpaid carers leave

An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care to an immediate family or household member who is ill.