AP787043 - Liquefied Petroleum Gas Industry Award 1998
33.1 Amount of personal/carer’s leave
33.1.1 An employee is entitled to the following amount of paid personal/carer’s leave:
33.1.1(a) in the first year of service:
33.1.1(a)(i) an entitlement of sick leave on the employee’s normal rate of pay under this award on the basis of 1/26th of the weekly ordinary hours of work for each week of service plus bereavement leave without deduction of pay for a period not exceeding the number of hours worked by the employee in two ordinary days;
33.1.1(b) in the second and subsequent years of service:
33.1.1(b)(i) an entitlement of sick leave, on or after the commencement of each year of service, of 76 hours on the employee’s normal rate of pay under this award plus bereavement leave without deduction of pay for a period not exceeding the number of hours worked by the employee in two ordinary days work.
33.2 Immediate family or household
33.2.1 The entitlement to use bereavement leave and carer’s leave in accordance with this clause is subject to:
33.2.1(a) the person being either:
33.2.1(a)(i) a member of the employee’s immediate family; or
33.2.1(a)(ii) a member of the employee’s household
33.2.1(b) the term ‘immediate family’ includes:
33.2.1(b)(i) 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
33.2.1(b)(ii) 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.
33.3 Personal sick leave
33.3.1 An employee is entitled to the following amount of paid leave for absence due to personal illness or injury:
33.3.1(a) in the first year of service:
33.3.1(a)(i) a leave entitlement on the employee’s rate of pay under this award on the basis of up to 1/26th of the weekly ordinary hours of work for each week of service;
33.3.1(b) in the second and subsequent years of service:
33.3.1(b)(i) a leave entitlement, on or after the commencement of each year of service, of 76 hours on the employee’s normal rate of pay under this award.
33.3.2 Leave taken by an employee under subclause 7.2(c) is deducted from the amount of personal/carer’s leave under subclause 7.2(a).
33.3.3 An employee is entitled to use accumulated sick leave for personal sickness if the employee has already used:
33.3.3(a) the current year’s sick leave component of the personal/carer’s leave aggregated personal/carer’s leave entitlement as personal sick leave; or
33.3.3(b) the current year’s entitlement.
33.3.4 Sick leave entitlements which are untaken at the completion of the year shall accumulate on the following scale:
33.3.4(a) The balance of personal/carer’s leave provided that such remaining leave does not exceed 76 hours sick leave, in the first and subsequent years of service, less any personal sick leave or carer’s leave taken by the employee during the year.
33.3.5 Subject to sub-clause 7.2(c)(vi), an employee absent for more than one day must furnish within 24 hours a medical certificate stating the reason for such leave and the anticipated period of absence. A new certificate will be required if the period stated is exceeded. An employee will be entitled to a maximum of three single days leave on full pay without providing a medical certificate during each year of employment.
33.3.6 Any employee absent from work, on account of ill health, must notify the officer in charge of the intended absence by the normal starting time for that day.
33.3.7 Any employee absent, on account of ill health on the days before and after a public holiday, whose rights to pay without medical certificate under this award have been exhausted, will not be entitled to payment for such a public holiday unless a medical certificate is provided.
33.3.8 Any employee who becomes ill while on annual leave will, on production of a medical certificate, have such leave deducted from the employee's sick leave entitlement. The employer has the right to require annual leave credited in such circumstances to be taken at a mutually convenient time.
33.3.9 The employer may at any time during any period of sick leave require an employee to submit to an examination by a medical practitioner nominated by the employer. In the event of an employee refusing to such a request, sick leave payments will cease immediately.
33.3.10 Further leave may be granted by the employer to individual employees according to the merits of their case.
33.4 Bereavement leave
33.4.1 An employee is entitled on notice to paid leave up to and including the day of the funeral for a period not exceeding the number of hours worked by the employee in two ordinary days work on each occasion a member of the employee’ s immediate family or household dies.
33.4.2 Each day or part of a day used under subclause 7.2(d)(i) is deducted from the amount of personal/carer’s leave under subclause 7.2(a).
33.4.3 An employee is entitled to use accumulated sick leave as paid bereavement leave up to a period not exceeding the number of hours worked by the employee in two ordinary days work on each occasion when a member of the employee’s immediate family or household dies and the employee has already used the current year’s personal/carer’s leave entitlement under subclause 7.2(a).
33.4.5 An employee is entitled to use unpaid leave up to a period not exceeding the number of hours worked by the employee in two ordinary days work on each occasion when a member of the employee’s immediate family or household dies, if the employee has already used the current year’s personal/carer’s leave entitlement under subclause 7.2(a) and no accumulated sick leave is available.
33.4.6 An employee is entitled to leave in the following circumstances:
33.4.6(a) the employee is not a casual employee;
33.4.6(b) the employee’s entitlement to leave does not coincide with any other period of leave.
33.4.7 Proof of death must be provided to the satisfaction of the employer, if requested.
33.5 Carer’s leave
33.5.1 An employee with responsibilities in relation to either members of their immediate family or household who need their care and support is entitled to use up to 5 days per annum of their personal/carer’s leave entitlement to provide care and support for such person’s when they are ill. Leave may be taken for part of a single day.
33.5.2 The entitlement to use personal/carer’s leave is subject to the employee being responsible for the care of the person concerned.
33.5.3 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.
33.5.4 In normal circumstances an employee must not take carer’s leave under this clause where another person has taken leave to care for the same person.
33.5.6 The employer 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. 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.
33.5.7 Each day or part of a day of carer’s leave taken in accordance with subclause 7.2(e)(i) is to be deducted from the amount of personal/carer’s leave provided in subclause 7.2(a) of this clause up to a maximum of 5 days per annum.
33.5.8 An employee is entitled to use accumulated sick leave as paid carer’s leave if the employee has used the current year’s personal/carer’s leave entitlement. An exception to this is where an employee has already taken 5 days carer’s leave in the current year.
33.6 Unpaid carer’s leave
An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care to a family or household member who is ill.
33.7 Grievance process
The dispute settlement clause in this award applies to a dispute about the effect or operation of this clause.
