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AP825433 - Coles Supermarkets Australia Pty Ltd and Bi-Lo Pty Limited Clerical and Administrative Employees Award 2003

27. FAMILY LEAVE

[27.1 substituted by PR970514 ppc 16Mar06]

27.1 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 sick leave entitlement which accrues after the date of this order 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 10.4.3.

[27.2 substituted by PR970514 ppc 16Mar06]

27.2.1 The employee shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned.

27.2.2 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.

27.3 The entitlement to use sick leave in accordance with this subclause is subject to:

27.3.1 the employee being responsible for the care of the person concerned; and

27.3.2 the person concerned being either:

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

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

27.3.3 The term immediate family includes:

27.3.3(a) a spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee; and

27.3.3(b) 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.

27.3.4 The employee shall, wherever practical, 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.

27.4 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. 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 27.2 and 27.3 are met.

27.5 Make-up time

An employee 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, at ordinary rates.

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