AP806313CRV - National Fast Food Retail Award 2000
30.1 Use of sick leave
[30.1.1 substituted by PR966844 ppc 09Dec05]
30.1.1 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, any current or accrued sick leave entitlement provided for at clause 28 – Sick leave, for absences to provide care and support for such persons when they are ill or who requires care due to an unexpected emergency. Such leave may be taken for part of a single day. The entitlements of casual employees are set out in clause 12.3.
30.1.2 Evidence supporting claim
[30.1.2 substituted by PR966844 ppc 09Dec05]
30.1.2(a) The employee shall, if required, 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 person. In normal circumstances an employee must not take carer’s leave under this sub-clause where another person has taken leave to care for the same person.
30.1.2(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.
30.1.3 The entitlement to use sick leave in accordance with this subclause is subject to:
30.1.3(a) the employee being responsible for the care of the person concerned; and
30.1.3(b) the person concerned being:
30.1.3(b)(i) spouse of the employee; or
30.1.3(b)(ii) a de facto spouse, who, in relation to a person, is 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; or
30.1.3(b)(iii) a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
30.1.3(b)(iv) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
30.1.3(b)(v) a relative of the employee who is a member of the same household, where for the purposes of this paragraph:
30.1.3(b)(v)(1) relative means a person related by blood, marriage of affinity;
30.1.3(b)(v)(2) affinity means a relationship that one spouse because of marriage has to blood relatives of the other; and
30.1.3(b)(v)(3) household means a family group living in the same domestic dwelling.
30.1.4 An 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 that person's 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.
30.2 Unpaid leave for family purpose
[30.2 substituted by PR966844 ppc 09Dec05]
Where an employee has exhausted all paid family leave entitlements they are entitled to take unpaid family 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 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 30.1.2 and 30.1.4 are met.
30.3 Annual leave
[30.3.1 substituted by PR966844 ppc 09Dec05]
30.3.1 An employee may elect with the consent of the employer, to take annual leave not exceeding ten days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.
30.3.2 Access to annual leave, as prescribed in 30.3.1 of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.
30.3.3 An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.
30.4 Time off in lieu of payment for overtime
30.4.1 For the purpose only of providing care and support for a person in accordance with 30.1, and despite the provisions of 30.4, clause 25 - Overtime, the following provisions shall apply:
30.4.2 An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within twelve months of the said election.
30.4.3 Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.
30.4.4 If, having elected to take time as leave in accordance with 30.4.2 the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry date of the twelve month period or on termination.
30.4.5 Where no election is made in accordance with the said 30.4.2 the employee shall be paid overtime rates in accordance with the award.
30.5 Make-up time
30.5.1 An employee may elect, with the consent of the employer, to work 'make-up time', under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.
30.5.2 An employee on shift work may elect, with the consent of the employer, to work 'make-up time' (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.
30.6 Rostered days off
30.6.1 An employee may elect, with the consent of the employer, to take a rostered day off at any time.
30.6.2 An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.
30.6.3 An employee may elect, with the consent of the employer, to accrue some or all rostered days off for purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.
30.6.4 This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.
