AP784988CRV - Insurance Industry Award 1998
[23 substituted by PR969170 ppc 23Jan06]
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 11.
23.1 Definitions
23.1.1 The term immediate family includes:
23.1.1(a) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis; and
23.1.1(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.
23.2 Amount of paid personal leave
23.2.1(a) Paid personal leave is available to an employee, other than a casual employee, when they are absent:
23.2.1(b) The amount of personal leave to which a full-time employee is entitled depends on how long they have worked for the employer and accrues as follows:
Length of time worked for the employer |
Personal leave |
(days) | |
1st year of employment |
8 |
2nd year of continuous employment |
10 |
3rd and subsequent year of continuous employment |
12 |
23.2.1(c) For the purpose of the above, year is the period of twelve months between the date of engagement and the corresponding date in the following calendar year and each successive period of twelve months.
23.2.3 Accumulation of personal leave
Unused personal leave accumulates from year to year to a maximum of 52 working weeks.
23.2.4 Entitlement for part-time employees
23.2.4(a) The number of working days personal leave to which a part-time employee will be entitled without loss of pay will bear the same proportion to the number of days personal leave a full-time employee in the same year of service would be entitled to under 23.2.1(b) as the number of days the part-time employee works per week to a working week of five days.
23.2.4(b) The following table sets out the number of working days personal leave to which part-time employees are entitled without loss of pay in various years of service.
Years of Service | |||
Number of days worked per week |
lst |
2nd |
3rd and subsequent |
1 |
2 |
2 |
2 |
2 |
3 |
4 |
5 |
3 |
5 |
6 |
7 |
4 |
6 |
8 |
10 |
5 |
8 |
10 |
12 |
23.2.5 The effect of workers’ compensation
An employee receiving workers’ compensation payments is not entitled to personal leave for illness or injury.
23.3 Personal leave for personal injury or sickness
An employee is entitled to use the full amount of their personal leave entitlement including accrued leave for the purposes of personal illness or injury, subject to the conditions set out in this clause.
23.4 Personal leave to care for an immediate family or household member
23.4.1 An employee is entitled to use up to 10 days personal leave, including accrued leave, each year 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 Subject to the conditions set out in this clause. Leave may be taken for part of a single day.
23.4.2 The entitlement in 23.4.1 is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take leave for this purpose where another person has taken leave to care for the same person.
23.4.3 By agreement between an employer and an individual employee, the employee may access an additional amount of their accrued personal leave for the purposes set out in 23.4.1, beyond the limit set out in 23.4.1. In such circumstances, the employer and the employee shall agree upon the additional amount that may be accessed.
23.5 Employee must give notice
23.5.1 When taking leave to care for members of their immediate family or household, 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 their relationship to the employee, the reasons for taking such leave and the estimated length of absence.
23.5.2 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.
23.6 Evidence supporting claim
23.6.1 Where an employee takes leave for personal illness or injury, the following will occur.
23.6.1(a) An employer may require that an application for sick leave by an employee be supported by a certificate from a duly registered medical practitioner that the employee was unable to work because of injury or personal illness with the following exception:
23.6.1(a)(i) an employer must not require the provision of such a medical certificate in respect of up to four days absence within a year in circumstances where no period of absence exceeds two consecutive working days.
23.6.1(b) Should the employee voluntarily supply a certificate from a duly registered medical practitioner in support of a sick leave application for a single or two day absence, such action will not negate the right of the employee to take within that year up to 4 days sick leave referred to in the above paragraph without proof of illness.
23.6.1(c) Where an employee with the consent of an employer, leaves work on a particular day as a result of illness, the employer must not for that day require production of a medical certificate as proof of illness.
23.6.2 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 the illness is such as to require care by another.
23.6.3 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 production of a medical certificate or statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.
23.7 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) per occasion, provided the requirements of 23.5 and 23.6 are met.
