AP834748 - Industrial Catering, Cleaning and Incidental Services (AWU and LHMU) Award 2000
The provisions of this clause apply to full-time and regular part-time employees, but do not apply to casual employees.
34.1 Amount of paid personal leave
34.1.1 Paid personal leave is available to an employee when he or she is absent due to:
34.1.2 The amount of personal leave to which an employee is entitled depends on how long he or she has worked for the employer and accrues as follows:
Length of time worked for the employer |
Personal leave |
(hours) | |
Less than 1 month |
16 |
1 month to less than 3 months |
32 |
3 months to less than 6 months |
48 |
6 months to less than 12 months |
92 |
Each year thereafter |
92 |
34.1.3 In any year unused personal leave accrues by the lesser of:
34.1.3(a) 76 hours less the total amount of sick leave and carer’s leave taken during the year; or
34.1.3(b) the balance of the year’s unused personal leave.
34.2 Immediate family or household
34.2.1 The entitlement to carer’s or bereavement leave is subject to the person in respect of whom the leave is taken being either:
34.2.1(a) a member of the employee’s immediate family; or
34.2.1(b) a member of the employee’s household.
34.2.2 The term immediate family includes:
34.2.2(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
34.2.2(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.
34.3.1 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.
34.3.2 Entitlement
34.3.2(a) The amount of personal leave an employee may take as sick leave depends on how long he or she has worked for the employer and accrues as follows:
Length of time worked for the employer |
Rate of accrual of paid sick leave |
(hours) | |
Less than 1 month |
0 |
1 month to less than 3 months |
16 |
3 months to less than 6 months |
32 |
6 months to less than 12 months |
76 |
Each year thereafter |
76 |
34.3.2(b) After the first six months of service, an employee must be paid for any sick leave to which he or she was not entitled, due to insufficient service, up to a maximum of 76 hours.
34.3.2(c) Accumulated personal leave may be used as sick leave if the current sick leave entitlement is exhausted.
34.3.2.(d) The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to year and subject to this clause may be claimed by the employee if the absence by reason of personal ill health or injury exceeds the period for which entitlement has accrued during the year at the time of the absence. Provided that an employee shall not be entitled to claim payment for any period exceeding ten weeks in any one year of service.
34.3.3 Employee must give notice
34.3.3(a) Before taking sick 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.
34.3.3(b) The notice must include:
34.3.3(b)(i) the nature of the injury or illness (if known); and
34.3.3(b)(ii) how long the employee expects to be away from work.
34.3.3(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.
34.3.4 Evidence supporting claim
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.
Provided that the employee shall not be required to produce a certificate from a medical practitioner with respect to absences of two days or less unless after two such absences in any year of service, the employer requests in writing that the next and subsequent absences in that year, if any, shall be accompanied by a medical certificate.
34.3.5 The effect of workers’ compensation
If an employee is receiving workers’ compensation payments, he or she is not entitled to sick leave.
34.4.1 Paid leave entitlement
An employee other than a casual is entitled to use up to sixteen hours personal leave as bereavement leave on any occasion on which a member of the employee’s immediate family or household dies.
34.4.2 Unpaid leave entitlement
Where an employee has exhausted all personal leave entitlements, including accumulated leave entitlements, he or she is entitled to take unpaid bereavement leave. The employer and the employee should agree on the length of the unpaid leave. In the absence of agreement, the employee is entitled to take up to sixteen hours unpaid leave.
34.4.3 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.
34.5.1 Paid leave entitlement
An employee other than a casual is entitled to use up to 40 hours personal 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.
34.5.2 Notice required
34.5.2(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.
34.5.2(b) The notice must include:
34.5.2(b)(i) the name of the person requiring care and support and his or her relationship to the employee;
34.5.2(b)(ii) the reasons for taking such leave; and
34.5.2(b)(iii) the estimated length of absence.
34.5.2(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.
34.5.3 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.
34.5.4 Unpaid leave
An employee may take unpaid carer’s leave by agreement with the employer.
