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AP766738CRV - Adult and Community Education Professional Administrative Clerical Computing and Technical (PACCT) Staff Award 1999

26. FAMILY LEAVE

26.1 Use of sick leave

26.1.1 An employee with responsibilities in relation to either members of their immediate family or members of their household who need their care and support is entitled to use, in accordance with clause 26, any sick leave entitlement which accrues after 23 May 1996 for absences to provide care and support for such persons when they are ill.

26.1.2 The employee must, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned.

26.1.3 The entitlement to use sick leave in accordance with clause 26 is subject to:

26.1.3(a) the employee being responsible for the care of the person concerned; and

26.1.3(b) the person concerned being either:

26.1.3(b)(i) a member of the employee's immediate family; or

26.1.3(b)(ii) a member of the employee's household

26.1.4 the term immediate family includes:

26.1.4(a) a spouse (including a 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 bona fide domestic basis although not legally married to that person, and

26.1.4(b) a 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.

26.1.5 The employee must, 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. 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 absence.

26.2 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 to a family member who is ill.

26.3 Annual leave

26.3.1 Notwithstanding the provision of clause 26 an employee may elect, with the consent of the employer, to take annual leave in single day periods not exceeding five days in any calendar year at a time or times agreed between them.

26.3.2 Access to annual leave, as prescribed in clause 26.3.1 above, must be exclusive of any shutdown period provided for elsewhere under this award.

26.3.3 An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least 5 consecutive annual leave days are taken.

26.4 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.

26.5 Grievance process

In the event of any dispute arising in connection with any part of clause 26, such a dispute must processed in accordance with the dispute settling provisions of this award.

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