AP806214CRV - Home and Community Care Award 2001
27.1 Amount of paid personal/carer’s leave
An employee other than a permanent part-time or casual employee who is in receipt of the 20% loading, who is absent from work on account of personal illness or injury, or for bereavement reasons is entitled to the following amount of paid personal/carer’s leave:
27.2 Immediate family or household
27.2.1 The entitlement to use bereavement leave/compassionate leave and carer’s leave in accordance with this clause is subject to the person being either:
27.2.1(a) a member of the employee’s immediate family; or
27.2.1(b) a member of the employee’s household.
27.2.2 The term immediate family includes:
27.2.2(a) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse, 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
27.2.2(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.
27.3 Personal sick leave
27.3.1 An employee is entitled to the following amount of paid leave for absence due to personal illness or injury:
27.3.2 Leave taken by an employee under this paragraph is deducted from the amount of personal/carer's leave under 28.1.
27.3.3 An employee is entitled to use accumulated sick leave for personal sickness if the employee has already used:
27.3.3(a) the current year's sick leave component of the personal/carer's leave entitlement as personal sick leave; or
27.3.3(b) the current year's aggregated personal/carer's leave entitlement.
27.4 Bereavement/compassionate leave
[27.4 deleted by PR966165 ppc 18Jan06]
27.5 Carer's leave
[27.5.1 substituted by PR966165 ppc 18Jan06]
27.5.1 An employee, other than a casual employee, with responsibilities in relation to either members of their immediate family or members of their household who need their care and support shall be entitled to use, in accordance with this sub-clause, up to ten days personal leave per annum for absences to provide care and support for such persons when they are ill or who requires care due to an unexpected emergency. The entitlements of casual employees are set out in clause 11.6.
27.5.2 The entitlement to use personal/carer's leave is subject to the employee being responsible for the care of the person concerned.
[27.5.3 substituted by PR966165 ppc 18Jan06]
27.5.3(a) The employee shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned.
27.5.3(b) 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.
27.5.4 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.
27.5.5 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. 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.
[27.5.6 deleted by PR966165 ppc 18Jan06]
[27.5.7 renumbered as 27.5.6 and substituted by PR966165 ppc 18Jan06]
27.5.6 An employee is entitled to use accumulated personal 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 ten days carer's leave in the current year.
27.6 Unpaid leave for family purpose
[27.6 Unpaid carer's leave title changed and substituted by PR966165 ppc 18Jan06]
An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care to a family member who is ill. The employer and 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 in 27.5.3 and 27.5.5 are met.
