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AP831338 - Clerks’ (Alcoa of Australia – Victorian Operations) Award 2003

28. FAMILY LEAVE

28.1 Use of sick leave

28.1.1 An employee with responsibilities in relation to either members of their immediate family or household who need their care and support shall be entitled to use, in accordance with this clause, any sick leave entitlement which accrued after 27 April 1995 for absences to provide care and support for such persons when they are ill.

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

28.1.3 The entitlement to use sick leave in accordance with this clause is subject to:

28.1.3(a) the employee being the primary care-giver and responsible for the care of the person concerned;

28.1.3(b) the person concerned being either a member of the employee’s immediate family or employee’s household;

28.1.3(c) the term immediate family includes:

28.1.3(c)(i) a spouse of the employee, including a former or 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 husband or wife on a bona fide domestic basis;

28.1.3(c)(ii) a child of the employee, including an adopted child, step child, an ex-nuptial child or adult child residing in the employee’s household; and

28.1.3(c)(iii) a parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

28.1.4 The employee shall, wherever practicable, give the company notice prior to the absence of the intention to take leave, the name of the person requiring the 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 Company by telephone of such absence at the first opportunity on the day of absence.

28.2 Unpaid leave for family purposes

An employee may elect, with the consent of the Company, to take unpaid leave for the purpose of providing care to a family or household member who is ill.

28.3 Single day leave

28.3.1 Notwithstanding the provisions of this clause, an employee may elect, with the consent of the Company, to take annual leave in single day periods not exceeding five days in any calendar year at an agreed time or times.

28.3.2 An employee and the Company 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.

28.4 Make-up time

An employee may elect, with the consent of the Company, 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 this award.

28.5 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 procedure in clause 9 - Settlement of disputes.

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