AN150039 – Clerks' (South Australia) Award

CLAUSE 7.5 PERSONAL LEAVE TO CARE FOR A FAMILY MEMBER
OPDATE 01:02:2006 on and from

7.5.1 Definitions

7.5.1.1 Personal leave to care for a family member means leave provided in accordance with this clause.

7.5.1.2 Family - the following are to be regarded as members of a person's family:

(a) a spouse;

(b) a child or step child;

(c) a parent or parent in-law;

(d) any other member of the person's household;

(e) a grandparent or grandchild;

(f) any other person who is dependent on the person's care.

7.5.1.3 Personal leave means leave provided for in accordance with clause 7.2.

7.5.2 Paid personal leave to care for a family member

7.5.2.1 An employee (other than a casual employee) with responsibilities in relation to a member of the employee’s family who need the employee’s care and support:

(a) due to personal injury; or

(b) for the purposes of caring for a family member who is sick and requires the employee’s care and support of who requires care due to an unexpected emergency,

is entitled to up to 10 days or 76 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 By agreement between the employer and an individual employee, the employee may access an additional amount of their accrued personal leave for the purposes set out in this clause. In such circumstances, the employer and the employee shall agree upon the additional amount that may be accessed.

7.5.2.3 The entitlement to use personal leave to care for a family member is subject to the employee being responsible for the care of the person concerned.

7.5.2.4 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.

7.5.2.5 In normal circumstances an employee must not take personal leave to care for a family member where another person has taken leave to care for the same person.

7.5.2.6 The employee must, where practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person’s 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 must notify the employer by telephone of such absence at the first opportunity on the day of the absence.

7.5.2.7 The amount of personal leave to care for a family member taken is to be deducted from the amount of the employees personal leave credit.

7.5.3 Unpaid personal leave to care for a family member

7.5.3.1 Where an employee has exhausted all paid personal leave entitlements, an employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care to a family member who is ill or who requires care due to an unexpected emergency.

7.5.3.2 The employer and the employee shall agree upon the period of unpaid personal leave to care for a family member which may be taken.

7.5.3.3 In absence of the agreement between the employer and the employee, the employee is entitled to take up to two days (of a maximum of 16 hours) of unpaid leave per occasion, provided that notice and evidentiary requirements are met.

7.5.4 Single day absences

Single day absences may be taken for personal leave to care for a family member as provided for in Clause 7.1.4 Time of Taking Annual Leave.

7.5.5 Casual employees caring responsibilities

7.5.5.1 Casual employees are not entitled to personal leave to care for a family member or bereavement leave but subject to the notice and evidentiary requirements in 7.5 and 7.3, casuals are entitled to not be available to attend work, or to leave work:

(a) to care for a member of their family who is sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child; or

(b) upon the death of a family member.

7.5.5.2 The period for which the employee will be entitled to not be available to attend work for each occasion in clause 7.5.5.1 is:

(a) the period agreed upon between the employer and the employee; or

(b) up to 48 hours (or 2 days) per occasion.

7.5.5.3 The casual employee is not entitled to any payment for the period of non-attendance under this clause.

7.5.5.4 An employer must not fail to re-engage a casual employee because the employee accessed the entitlement provided for under this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

7.5.5.5 This clause does not intend to alter the nature of casual employment and is without prejudice to any parties’ arguments about the nature of casual employment.