AP799643 - Teachers (English Colleges) Award 1999
[12 substituted by PR969571 ppc 20Dec05]
The provisions of this clause apply to full-time and regular part-time employees but do not apply to casual employees. The entitlements of casual employees are set out in clause 12.4.7.
12.1 Amount of paid personal leave
12.1.1 Paid personal leave will be available to a employee, when they are absent:
12.1.2 Employees are entitled to ten days of personal leave in each year of service.
12.1.3 In any year unused personal leave accrues at the rate of the lesser of:
12.1.3(a) ten days less the amount of sick leave taken from the current year’s personal leave entitlement in that year; or
12.1.3(b) the balance of that year’s unused personal leave.
12.1.4 Accumulation of personal leave
Personal leave may accumulate for up to two years to a maximum of 20 days. Personal leave which accrues to a employee at the commencement of a year of service shall be taken prior to leave which a employee has accumulated.
12.1.5 A part-time or temporary employee shall be entitled to paid personal leave in proportion to the total period his or her appointment (excluding any holidays) bears to the number of weeks usually worked by an employee at the college.
12.2 Immediate family or household
12.2.1 The entitlement to use personal leave for the purposes of carer’s leave is subject to the person being either:
12.2.1(a) a member of the employee’s immediate family; or
12.2.1(b) a member of the employee’s household.
12.2.2 The term immediate family includes:
12.2.2(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
12.2.2(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.
12.3 Personal leave for personal injury or sickness
12.3.1 Full-time employees shall be entitled to use up to ten days of the current year’s personal leave entitlement as paid sick leave and such sick leave shall accrue as follows:
Length of time |
Accrued days leave |
Less than one month |
0 |
1 month to less than 2 months |
1 |
2 months to less than 3 months |
2 |
3 months to less than 4 months |
3 |
4 months to less than 5 months |
4 |
5 months to less than 6 months |
5 |
6 months to less than 7 months |
6 |
7 months to less than 8 months |
7 |
8 months to less than 9 months |
8 |
9 months to less than 10 months |
9 |
10 months to less than 11 months |
10 |
11 months to less than 12 months |
10 |
12.3.2 If the full period of sick leave as provided in 12.3.1 is not taken in any year, such portion as is not taken shall be cumulative for two years. There shall be no payment of portions of leave not taken, on retirement or termination.
12.3.3 An employee is entitled to use accumulated personal leave for the purposes of sick leave when the current year’s sick leave entitlement has been exhausted.
12.3.4 Other than in respect of the first two days sick leave in any year, a employee shall, upon request provide a medical certificate, or other evidence satisfactory to the College setting out the nature of the illness and its duration.
12.3.5 Part time or temporary employees shall be entitled to paid sick leave in proportion to the total period his or her appointment (excluding any holidays) bears to the number of weeks usually worked by a employee at the college.
12.3.6 Subject to 12.3.7 of this subclause, an employee shall not be entitled to sick leave for any period in respect of which such employee is entitled to workers’ compensation.
12.3.7 Nothing in this clause shall reduce an employee’s entitlement to workers compensation pursuant to the legislation of a state or territory.
12.4 Personal leave to care for an immediate family or household member
12.4.1 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.
12.4.2 An employee shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned.
12.4.3 Employee must give notice
The employee shall, wherever 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 shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
12.4.4 Evidence supporting claim
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
12.4.5 By agreement between an employer and an individual employee, the employee may access an additional amount of their accrued personal leave for the purposes of caring for members of the employee’s immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. In such circumstances, the employer and the employee shall agree upon the additional amount that may be accessed.
12.4.6 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 that notice and evidentiary requirements of 12.4.3 and 12.4.4 are met.
12.4.7 Casual employees – caring responsibilities
12.4.7(a) Casual employees are not entitled to personal leave but subject to notice and evidentiary requirements in 12.4.3 and 12.4.4, casual employees are entitled to not be available to attend work, or to leave work:
12.4.7(b) 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.
12.4.7(c) 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.
