AP820387 - Clerks’ (Oil Companies) Award 2002
[32 substituted by PR966529 ppc 26Dec05]
The provisions of this clause apply to full-time and regular part-time employees (on a pro rata basis) but do not apply to casual employees. The entitlements of casual employees are set out in clause 13.2.
32.1 Definitions
The term immediate family includes:
32.1.1 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
32.1.2 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.
32.2 Amount of paid personal leave
32.2.1 Paid personal leave is available to an employee, other than a casual employee, when they are absent:
32.2.2 The amount of personal leave to which a full-time employee is entitled depends on how long they have worked for the employer and accrues as follows:
Length of time worked for the employer |
Personal leave days |
First year of service |
5 days |
Each year thereafter |
8 days |
32.3 Accumulation of personal leave
32.3.1 In any year unused personal leave accrues by the lesser of:
(a) 8 days less the amount of personal leave taken during the year; or
(b) the balance of that year’s unused personal leave.
32.3.2 Personal leave may accumulate to a maximum of 80 days.
32.4 Personal leave for personal injury or sickness
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.
32.5 Personal leave to care for an immediate family or household member
32.5.1 An employee is entitled to use up to 10 days personal leave, including accrued leave, each year 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, subject to the conditions set out in this clause.
32.5.2 By agreement between an employer and an individual employee, the employee may access an additional amount of their accrued personal leave for the purposes set out in 32.5.1, beyond the limit set out in 32.5.1. In such circumstances, the employer and the employee shall agree upon the additional amount that may be accessed.
32.6 Employee must give notice
32.6.1 The employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer or their inability to attend for duty and as far as practicable state the nature of the injury, illness or emergency and the estimated duration of the absence. If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the employee will inform the employer within 24 hours of such absence.
32.6.2 When taking 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 notice must include:
32.7 Evidence supporting claim
32.7.1 When taking leave for personal illness or injury, the employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, that the employee was unable to work because of injury or personal illness.
32.7.2 When taking leave to care for members of their immediate family or household who are sick and require care and support, 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 such illness requires care by the employee.
32.7.3 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.
32.8 Single day absences
32.8.1 An employee who has already had two paid personal leave absences in the year for personal illness or injury, the duration of each absence being of one day only, is not entitled to further paid personal leave for personal illness or injury in that year of a duration of one day only without production to the employer of a certificate of a qualified medical practitioner which states that the employee was unable to attend for duty on account of personal illness or injury.
32.8.2 An employer may agree to accept a statutory declaration in lieu of the required medical certificate.
32.8.3 Nothing in this clause limits the employer’s right under 32.7.
32.9 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 the requirements of 32.6 and 32.7 are met.
32.10 Casual employment
Casual employees are entitled to not be available to attend work or to leave work in certain circumstances as set out in clause 13.2. 2.
