AP815828CRV - Australian Workers' Union Construction and Maintenance Award 2002
The provisions of this clause apply to full-time and regular part-time employees, but do not apply to casual employees.
34.1 Amount of paid personal leave
34.1.1 Paid personal leave will be available to an employee when they are absent due to:
34.1.2 The amount of personal leave to which an employee is entitled depends on how long he or she has worked for the employer and accrues as follows:
34.1.2(a) a maximum of twelve days will be available in the first year of service as per the following:
Days of personal leave available | |
1st month of service |
3 |
2nd month of service |
4 |
3rd month of service |
5 |
4th month of service |
6 |
5th month of service |
7 |
6th month of service |
8 |
7th month of service |
9 |
8th month of service |
10 |
9th month of service |
11 |
10th month of service |
12 |
11th month of service |
12 |
12th month of service |
12 |
34.1.2(b) twelve days be available per annum in the second and subsequent years of service.
34.1.3 In any year unused personal leave accrues by the lesser of:
34.1.3(a) ten days less the amount of sick leave and carer’s leave taken during the year; or
34.1.3(b) the balance of that year’s unused personal leave.
34.2 Immediate family or household
34.2.1 The entitlement to carer’s or bereavement leave is subject to the person in respect of whom the leave is taken being either:
34.2.1(a) a member of the employee’s immediate family; or
34.2.1(b) a member of the employee’s household.
34.2.2 The term immediate family includes:
34.2.2(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/her or her husband or wife on a bona fide domestic basis; and
34.2.2(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.
34.3 Sick leave
34.3.1 An employee other than a casual employee as defined who is absent from work on account of personal illness or on account of injury by accident, other than that covered by workers' compensation, shall be entitled to leave of absence, without deduction of pay, subject to the following conditions and limitations:
34.3.1(a) He/she shall within 24 hours of the commencement of such absence inform the employer of his/her inability to attend for duty, and, as far as practicable, state the nature of the injury or illness and the estimated duration of his/her absence.
34.3.1(b) He/she shall prove to the satisfaction of the employer (or in the event of dispute the Commission) that he/she was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed.
34.3.1(c) An employee during his/her first year of employment with an employer shall be entitled to sick leave entitlement at the rate of one day at the beginning of each of the first ten calender months of his/her first year of employment.
34.3.1(d) Provided that an employee who has completed one year of continuous employment shall be credited with a further ten days sick leave entitlement at the beginning of his/her second and each subsequent year, which, subject to 34.3.3 hereof shall commence on the anniversary of engagement.
34.3.2 In the case of an employee who claims to be allowed paid sick leave in accordance with this clause for an absence of one day only such employee if in the year he/she has already been allowed paid sick leave on two occasions for one day only, shall not be entitled to payment for the day claimed unless he/she produces to the employer a certificate of a duly qualified medical practitioner stating that the employee was unable to attend for duty on account of personal illness or injury. Provided that an employer may agree to accept from the employee a statutory declaration, stating that the employee was unable to attend for duty on account of personal illness or injury in lieu of a medical certificate. Nothing in this subclause shall limit the employer's rights under 34.3.1(b) hereof.
34.3.3 Sick leave with an employer shall accumulate from year to year so that any balance of the period specified in 34.3.1(c) hereof which in any year has not been claimed by the employee and subject to the conditions herein prescribed shall be allowed by that employer in a subsequent year, without diminution of the sick leave prescribed in respect of that year.
34.3.4 Any sick leave for which an employee may become eligible under this award by reason of service with one employer shall not be cumulative upon sick leave for which the employee may become eligible by reason of subsequent service with another employer.
34.3.5 If an employee is terminated by his/her employer and is re-engaged by the same employer within a period of six months, then the employee's unclaimed balance of sick leave shall continue from the date of re-engagement.
34.3.5(a) In such case the employee's next year of service will commence after a total of twelve months has been served with that employer excluding the period of interruption in service from the date of commencement of the previous period of employment or at the anniversary of the commencement of the previous period of employment, as the case may be.
34.4 Bereavement leave
34.4.1 An employee shall on the death within Australia of a wife, husband, mother, father, parents-in-law, brother, sister, child, or stepchild, be entitled on notice to leave up to and including the day of the funeral of such relation (or where made necessary because of travel arrangements, the day after the funeral), and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in two ordinary days of work. Proof of such death shall be furnished by the employee to the satisfaction of the employer.
34.4.2 Provided that this clause shall have no operation while the period of entitlement to leave under it coincides with any other period of entitlement to leave.
34.4.3 For the purpose of this clause the words wife and husband shall include a person who lives with the employee as a de facto wife or husband.
34.4.4 Provided further that, with the consent of the employer, which consent shall not be unreasonably withheld, an employee shall, in addition to this entitlement to paid bereavement leave, be entitled to reasonable unpaid bereavement leave up to ten working days in respect of the death of a relation to whom the clause applies, and that any dispute as to the granting of unpaid bereavement leave may be referred to the Commission.
34.5 Carer’s leave
34.5.1 Use of sick leave
34.5.1(a) An employee with responsibilities in relation to either members of their immediate family or members of their household who need care and support shall be entitled to use, in accordance with this subclause, any sick leave entitlement which accrues after 2 April 1996 absences to provide care and support for such persons when they are ill.
34.5.1(b) The employee shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned.
34.5.1(c) The entitlement to use sick leave in accordance with this subclause is subject to:
34.5.1(c)(i) the employee being responsible for the care of the person concerned; and
34.5.1(c)(ii) the person concerned being either:
34.5.1(c)(iii) the term immediate family includes:
34.5.1(d) 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.
34.5.2 Unpaid leave for family purpose
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.
34.5.3 Annual leave
34.5.3(a) Notwithstanding the provision of this clause, an employee may elect, with the consent of the employer, to take annual leave in single day periods not exceeding five days in any calendar year at a time or times agreed between them.
34.5.3(b) Access to annual leave, as prescribed in 34.5.3(a) above, shall be exclusive of any shutdown period provided for elsewhere under this award.
34.5.3(c) 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.
34.5.4 Time off in lieu of payment for overtime
34.5.4(a) 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.
34.5.4(b) 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.
34.5.4(c) The employer shall, if requested by an employee, provide payment, at the rate provided for the payment of overtime in the award, for any overtime worked under 34.5.4(a) of this subclause where such time has not been taken within four weeks of accrual.
34.5.5 Make-up time
34.5.5(a) An employee on day work may elect, with the consent of their 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.
34.5.5(b) An employee on shift work may elect, with the consent of their 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.
34.5.6 Grievance process
In the event of any dispute arising in connection with any part of this clause, such a dispute shall be processed in accordance with the dispute settling provisions of this award.
34.5.7 Employer records
On each occasion that an employee elects to use the family leave prescribed by this clause, the employer shall cause the details to be recorded in the time and wages records or personnel fie or the records appropriate to that employee.
