AP829982 - Metal Industry (Victorian Public Hospitals) Award 2002
[27 inserted by PR970582 ppc 24Mar06]
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 10.3.1.
27.1 Definitions
The term immediate family includes:
27.1.1 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
27.1.2 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.
27.2 Amount of paid personal leave
27.2.1 Paid personal leave is available to an employee, other than a casual employee, when they are absent:
27.2.2 An employee is entitled to the following amount of personal leave:
27.2.2(a) up to 8 hours for each month of service in the first year of service; and
27.2.2(b) up to 112 hours in each year in the second, third and fourth years of service;
27.2.2(c) up to 168 hours in the fifth and following years of service.
27.2.3 An employee is entitled to use accumulated personal leave where the current year’s personal leave entitlement has been exhausted.
27.3 Accumulation of personal leave
27.3.1 Personal leave entitlements which are untaken at the completion of the year shall accumulate in accordance with 27.3.2 provided that such remaining leave does not exceed the quantum of personal leave specified below less any personal leave taken by the employee during the year.
27.3.2 Personal leave accumulates by:
27.3.2(a) up to 8 hours for each month of service in the first year of service;
27.3.2(b) up to 112 hours in each year in the second, third and fourth years of service; and
27.3.2(c) up to 168 hours in the fifth and following years of service.
27.4 The effect of workers’ compensation
If an employee is receiving workers’ compensation payments, they are not entitled to personal leave.
27.5 Personal leave for personal injury or sickness
Full-time employees may take up to the full amount of their personal leave for the purposes of personal illness or injury, subject to the conditions set out in this clause.
27.6 Personal leave to care for an immediate family or household member
27.6.1 Subject to 27.6.2 and 27.6.3, a full-time employee is entitled to use their 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.
27.6.2 The entitlement in 27.6.1 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 leave for this purpose where another person has taken leave to care for the same person.
27.6.3 Except as provided for in 27.6.4 not more than 10 days of personal leave can be used in a year by an employee for the purposes set out in 27.6.1.
27.6.3(a) These limits apply to the employee’s total accrued personal leave which includes any untaken personal leave from the current year’s entitlement and any untaken personal leave which has accumulated from previous years.
27.6.4 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 27.6.1, beyond the relevant limit set out in 27.6.3. In such circumstances, the employer and the employee shall agree upon the additional amount that may be accessed.
27.7 Employee must give notice
27.7.1 The employee shall as soon as reasonably practicable and within 8 hours of commencement of the 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.
27.7.2 If it is not reasonably practicable to inform the employer within 8 hours of such absence, the employee will inform the employer within 24 hours of such absence.
27.7.3 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:
27.8 Evidence supporting claim
27.8.1 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.
27.8.2 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.
27.8.3 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.
27.9 Single day absences – personal leave for personal injury and sickness
If an employee claims paid personal leave in accordance with this clause for an absence of one day only and in the same year they have already been allowed paid personal leave on more than one occasion for one day only, the employee shall not be entitled to payment for the day claimed unless the employee provides evidence in support of the claim in accordance with 27.8.
27.10 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 27.7 and 27.8 are met.
27A. PERSONAL LEAVE – PUBLIC HOSPITALS
[27A deleted by PR970582 ppc 24Mar06]
