AP789529CRV - Metal, Engineering and Associated Industries Award 1998
[Pt I:Pt 7:7.2 substituted by PR964989 ppc 11Nov05]
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 4.2.3(g).
The term immediate family includes:
7.2.1(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
7.2.1(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.
7.2.2 Amount of paid personal leave
7.2.2(a) Paid personal leave is available to an employee, other than a casual employee, when they are absent:
7.2.2(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 |
(hours) | |
Less than 1 month |
0 |
1 month to less than 2 months |
7.6 |
2 months to less than 3 months |
15.2 |
3 months to less than 4 months |
22.8 |
4 months to less than 5 months |
30.4 |
5 months to less than 12 months |
38 |
Each year thereafter |
60.8 |
7.2.2(c) Provided that, an employee who normally works eight or more hours per day so as to provide a rostered day(s) off in a work cycle in accordance with 6.1.4 is entitled to the following amount of personal leave:
Length of time worked for the employer |
Personal leave |
(hours) | |
Less than 1 month |
0 |
1 month to less than 2 months |
8 |
2 months to less than 3 months |
16 |
3 months to less than 4 months |
24 |
4 months to less than 5 months |
32 |
5 months to less than 12 months |
40 |
Each year thereafter |
64 |
7.2.2(d) After the first five months of service, an employee must be paid for any personal leave to which they were not entitled, due to insufficient service, up to a maximum of 38 hours (or 40 hours if the employee normally works eight or more hours per day).
7.2.3 Accumulation of personal leave
Unused personal leave accumulates from year to year to a maximum of 729.6 hours (or 768 hours if the employee normally works eight or more hours per day).
7.2.4 The effect of workers’ compensation
If an employee is receiving workers’ compensation payments, they are not entitled to personal leave.
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.
7.2.6 Personal leave for personal injury or sickness
Full-time employees may take up to the full amount of their personal leave for the purposes of personal illness or injury, subject to the conditions set out in this clause.
7.2.7 Personal leave to care for an immediate family or household member
7.2.7(a) Subject to 7.2.7(b) and 7.2.7(c), a full-time 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.
7.2.7(b) The entitlement in 7.2.7(a) 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.
7.2.7(c) Except as provided for in 7.2.7(d), not more than 76 hours of personal leave can be used in a year by an employee for the purposes set out in 7.2.7(a). Provided that, an employee who normally works eight or more hours per day so as to provide a rostered day(s) off in a work cycle in accordance with 6.1.4 is entitled to use up to 80 hours of their accrued personal leave in a year for the purposes set out in 7.2.7(a).
7.2.7(c)(i) These limits apply to the employee’s total accrued personal leave which includes any untaken personal leave from the current year’s entitlement and any untaken personal leave which has accumulated from previous years.
7.2.7(d) 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 7.2.7(a), beyond the relevant limit set out in 7.2.7(c). In such circumstances, the employer and the employee shall agree upon the additional amount that may be accessed.
7.2.8 Employee must give notice
7.2.8(a) The employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer or their inability to attend for duty and as far as practicable state the nature of the injury, illness or emergency and the estimated duration of the absence. If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the employee will inform the employer within 24 hours of such absence.
7.2.8(b) When taking 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 notice must include:
7.2.9 Evidence supporting claim
7.2.9(a) When taking leave for personal illness or injury, the employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, that the employee was unable to work because of injury or personal illness.
7.2.9(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.
7.2.9(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.
7.2.10(a) An employee who has already had two paid personal leave absences in the year for personal illness or injury, the duration of each absence being of one day only, is not entitled to further paid personal leave for personal illness or injury in that year of a duration of one day only without production to the employer of a certificate of a qualified medical practitioner which states that the employee was unable to attend for duty on account of personal illness or injury.
7.2.10(b) An employer may agree to accept a Statutory Declaration in lieu of the required medical certificate.
7.2.10(c) Nothing in this clause limits the employer’s right under 7.2.9.
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 7.2.8 and 7.2.9 are met.
