AP798297 - South Australian Government Departments and Instrumentalities (Metal Trades) Award 1999
[30 substituted by PR970411 from 24Mar06]
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 30.9.
All other provisions of personal leave are as agreed between the parties and contained in employer policy manuals. Any changes to these provisions will be by agreement between the parties excepting where it involves legislative changes or Government direction.
30.1 Definitions
The term immediate family includes:
30.1.1 spouse (including a former spouse, a defacto 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
30.1.2 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.
30.2 Amount of paid personal leave
30.2.1 Paid personal leave is available to an employee, other than a casual employee, when they are absent:
30.2.2 The amount of personal leave to which an employee is entitled is 76 hours per year payable at the ordinary base rate of pay.
30.3 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.
30.4 Personal leave to care for an immediate family or household member
30.4.1 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.
30.4.2 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 30.4.1, beyond the limit set out in 30.4.1. In such circumstances, the employer and the employee shall agree upon the additional amount that may be accessed.
30.5 Employee must give notice
30.5.1 When taking personal leave to care for an immediate family or household member, 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. 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.
30.5.2 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:
30.6 Evidence supporting claim
30.6.1 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.
30.6.2 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 such illness requires care by the employee.
30.6.3 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 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.
30.7 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 30.5 and 30.6 are met.
30.8 Bereavement leave
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 30.9.
All other provisions of bereavement leave are as agreed between the parties and contained in employer policy manuals. Any changes to these provisions will be by agreement between the parties excepting where it involves legislative changes or Government direction.
30.8.1 Paid leave entitlement
An employee is entitled to up to two days bereavement leave on each occasion of the death in Australia of either a member of the employee’s immediate family or household.
30.8.2 Unpaid bereavement leave
An employee may take unpaid bereavement leave by agreement with the employer.
30.9 Casual employment
30.9.1 Caring responsibilities
30.9.1.1 Subject to the evidentiary and notice requirements in 30.5 and 30.6, casual employees are entitled to not be available to attend work, or to leave work:
30.9.1.2 The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.
30.9.1.3 An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.
