AP777903 - Crisis Assistance Supported Housing (Queensland) Award 1999
PART 5 – LEAVE PROVISIONS
34. PERSONAL LEAVE
[34 varied by T3802; substituted by PR966380 ppc 14Dec05]
The provisions of this clause apply to full-time and regular part-time employees (on a pro rata basis) but do not apply to casual employees. The entitlements of casual employees are set out in clause 12.4.
34.1 Amount of paid personal leave
34.1.1 Paid personal leave is available to an employee, other than a casual employee, when they are absent:
34.1.2 The amount of paid personal leave an employee may take is set out below under the provisions dealing with the types of personal leave described in 33.1.1 above.
34.2 Sick Leave
34.2.1 A full-time employee who becomes sick and unfit for duty shall receive 7.6 hours leave for each completed month of service up to 76 hours leave for each completed year of service. In the case of a part-time employee, sick leave will be a fraction of 76 hours per year based on his/her weekly hours as a proportion of 38 hours.
34.2.2 The employee must, if required by the employer, establish by the production of a medical certificate or statutory declaration that he/she was unable to work because of injury or personal illness.
34.2.3 An employee must take all reasonable steps to notify the employer of his/her absence from work prior to the normal commencement time or, if not practicable, as soon as possible after this time.
34.2.4 Sick leave shall be taken in minimum units of one hour.
34.2.5 There shall be no payment of portions of leave not taken, on retirement or termination.
34.2.6 Sickness on accrued day off
Where an employee is sick or injured on the weekday they are to take off in accordance with rostered days off arrangements, they shall not be entitled to sick pay nor will their sick pay entitlements be reduced as a result of the sickness or injury on that day.
34.2.7 Unused sick leave shall accrue from year to year.
34.3 Bereavement leave
34.3.1 On the death of a person with whom the employee is in a bona fide domestic relationship (eg. spouse) or parent or child, brother, sister, father-in-law or mother-in-law, grandparent, grandchild or sibling of the employee or his/her spouse, an employee may take leave up to and including the day of the funeral. Three days of any such leave shall be without deduction of pay. The employee will give notice to the employer of his/her intention to take bereavement leave and will provide reasonable proof of death. However, this clause shall not apply for any period the bereavement leave coincides with any other period of leave.
34.3.2 Unpaid bereavement leave
Where an employee has exhausted all bereavement leave entitlements, including accumulated leave entitlements, the employee is entitled to take unpaid bereavement leave. The employer and employee should agree on the length of the unpaid leave. In the absence of agreement, an employee is entitled to take up to 16 hours unpaid leave.
34.3.3 Casual employment
The provisions of this clause do not apply to casual employees. The entitlements of casual employees are set out in clause 12.4.
34.4 Personal leave to care for an immediate family or household member
34.4.1 Use of personal leave
34.4.1(a) Subject to 34.4.1(b), an employee is entitled to use their personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency.
34.4.1(b) When taking leave to care for members of their immediate family or household who are sick and require care and support, 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 such illness requires care by the employee.
34.4.1(c) When taking leave to care for members of their immediate family or household who require care due to an unexpected emergency, the employee must, if required by the employer, 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.
34.5 Unpaid personal leave
Where an employee has exhausted all paid personal leave entitlements, they are entitled to take unpaid personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. The employer and the employee shall agree on the period. In the absence of agreement, the employee is entitled to take up to two days (up to a maximum of 16 hours) of unpaid leave per occasion, provided the requirements of 34.4.1(b) and 34.4.1(c) are met.
34.6 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 by the award.
34.7 Effect of workers’ compensation
If an employee is receiving workers’ compensation payments, they are not entitled to personal leave.
34.8 Broken service
If an employee is terminated by their employer and is re-engaged by the same employer within a period of six months then the employee’s unclaimed balance of personal leave shall continue from the date of re-engagement.
34.9 Casual employment
Casual employees are entitled to not be available to attend work or to leave work in certain circumstances as set out in clause 12.4.
