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AP818795 - Queensland Post Compulsory and Higher Education Academic Staff (Conditions of Employment) Award 2002

16. PERSONAL LEAVE

16.1 Amount of paid personal leave

16.1.1 Paid personal leave is available to an employee when he or she is absent due to:

16.1.1(a) personal illness or injury (sick leave); or

16.1.1(b) for the purposes of caring for an immediate family or household member that is sick and requires the employee's care and support (carer's leave); or

16.1.1(c) because of bereavement on the death of an immediate family or household member (bereavement leave).

16.2 Immediate family or household

16.2.1 The entitlement to carer's or bereavement leave is subject to the person in respect of whom the leave is taken being either:

16.2.1(a) a member of the employee's immediate family; or

16.2.1(b) a member of the employee's household.

16.2.2 The term “immediate family” includes:

16.2.2(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

16.2.2(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.

16.3 Sick leave

16.3.1 Definition

Sick leave is leave to which an employee other than a casual is entitled without loss of pay because of his or her personal illness or injury.

16.3.2 Entitlement

An employee shall be entitled to paid sick leave at the rate of 10 accumulative working days per annum and in the first year of employment be available 12 months in advance.

16.4 Employee must give notice and provide evidence

16.4(a) An employee must apply in writing for sick leave and support the application with a Certificate from a duly qualified Medical Practitioner specifying the nature of the illness and the period or approximate period during which the employee will be unable to work or with other evidence of illness to the satisfaction of the University.

16.4(b) It shall not be necessary for an employee to produce such a Certificate if the absence from work on account of illness does not exceed 3 days.

16.5 Illness due to injury at work

In special and exceptional circumstances, such as an injury to an employee in the discharge of his or her duty, the University may grant special leave on such terms as to pay as the exceptional circumstances may warrant; but in no case will the total payment exceed an amount equal to his or her salay for a period of 39 weeks. Leave granted will not be deducted from any leave for which an employee is eligible under subclause (17.3.1).

16.6 Bereavement leave

16.6.1 Paid leave entitlement

An employee other than a casual is entitled to use up to 2 days personal leave as bereavement leave on each occasion on which a member of the employee's immediate family or household in Australia dies.

16.6.2 Evidence supporting claim

The employer may require the employee to provide satisfactory evidence of the death of the member of the employee's immediate family or household.

16.7 Carer's leave

16.7.1 Paid leave entitlement

An employee other than a casual is entitled to use up to 5 days personal sick leave each year to care for members of his or her immediate family or household who are sick and require care and support. This entitlement is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take carer's leave where another person has taken leave to care for the same person.

16.7.2 Notice required

16.7.2(a) Before taking carer's leave, an employee must give at least two hours' notice before his or her next rostered starting time, unless he or she has a good reason for not doing so.

16.7.2(b) The notice must include:

16.7.2(b)(i) the name of the person requiring care and support and his or her relationship to the employee;

16.7.2(b)(ii) the reasons for taking such leave; and

16.7.2(b)(iii) the estimated length of absence.

16.7.2(c) If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone at the first opportunity.

16.7.3 Evidence supporting claim

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 the illness is such as to require care by another.

16.7.4 Unpaid leave

An employee may take unpaid carer's leave by agreement with the employer.

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