AP836954 - Medibank Private Limited Award 2004
27.1.1 Paid personal leave will be available to an employee to whom this clause applies when they are absent due to:
27.1.1(a) personal illness or injury (sick leave); or
[27.1.1(b) varied by PR970673 ppc 24Mar06; corrected by PR976316 ppc 24Mar06]
27.1.1(b) for the purpose of caring for an immediate family or household member who is sick and requires the employee’s care and support or who requires care due to an unexpected emergency (carer’s leave); or
27.1.1(c) bereavement on the death of an immediate family or household member (bereavement leave).
27.1.2 The entitlement to use personal leave for the purposes of caring or bereavement is subject to the person being:
27.1.2(a) a member of the employee’s immediate family; or
27.1.2(b) a member of the employee’s household
27.1.3 The term immediate family includes:
27.1.3(a) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee, including same sex relationships, in a bona fide domestic basis; and
27.1.3(b) child or an adult child (including an adopted child or a step child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.
[27.2.1 varied by PR970673 ppc 24Mar06; corrected by PR976316 ppc 24Mar06]
27.2.1 For the purposes of personal leave, a permanent full-time employee is entitled to 15 days paid leave (accruable) from the date of appointment and for each twelve month period of service thereafter, of which up to a maximum of ten days per year may be accessed for carer’s purposes.
27.2.1(a) The entitlement to personal leave will accrue each fortnight, in hours and minutes, based on the number of hours worked during the fortnight.
27.2.2 Untaken personal leave will accrue for sick leave use only;
27.2.3 An employee in receipt of compensation for more than 45 weeks will accrue sick leave on the basis of hours actually worked;
27.2.4 Part-time employees will accrue personal leave on a pro rata basis, converted to hours and minutes, of which up to a maximum of five days per year (based on the employee’s ordinary daily hours of attendance) may be accessed for carer’s purposes.
[27.2.5 varied by PR970673 ppc 24Mar06; corrected by PR976316 ppc 24Mar06]
27.2.5 Fixed term employees will accrue personal leave each fortnight, in hours and minutes, based on:
Up to a maximum of ten days may be used for carer’s purposes.
27.2.6 An employee will not be entitled to paid personal leave while also on paid maternity leave.
27.3.1 Subject to available credits, an employee to whom this clause applies may access up to five days personal leave per year without production of a medical certificate. No more than three days paid leave can be taken consecutively without a medical certificate.
27.3.2 Personal leave will not be debited where an employee is medically unfit for duty on a public holiday which the employee would otherwise have observed.
27.3.3 MPL may grant sick leave without pay where paid sick leave credits are exhausted.
27.3.3(a) The maximum continuous period of sick leave will be 78 weeks, of which no more than 52 weeks may be paid sick leave.
27.3.3(b) Absence beyond 78 weeks may be granted, subject to the production of satisfactory medical evidence, and will be treated as leave without pay which does not count for service for any purposes.
27.3.4 An employee will not, without the employee’s consent, be retired on invalidity grounds before the employees full pay personal leave credits have expired, subject to the provisions of 27.3.3.
[27.4.1 varied by PR970673 ppc 24Mar06; corrected by PR976316 ppc 24Mar06]
27.4.1 An employee to whom this clause applies may access a maximum of ten days per annum carer’s leave when a member of their immediate family or household is ill and requires their care. Carer’s leave, as it relates to someone other than an employee, is uncertificated leave. A medical certificate or statutory declaration, stating that the ill person required care, may be required for evidentiary purposes. Carer’s leave may be taken for part of a day.
27.4.2 An employee, in normal circumstances, must not take carer’s leave where another person has taken leave to care for the same person.
27.4.3 An employee must, where practicable, give the Company notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the officer, the reasons for taking such leave and the estimated length of absence. If it is not practicable to give prior notice of absence, the employee must notify the Company by 10.00 a.m. on the day of absence.
27.4.4 An employee is entitled to paid personal/carer’s leave accumulated in previous years if the current year’s personal/carer’s leave entitlement has been exhausted for non-carer’s leave purposes. Carer’s leave cannot be anticipated.
27.4.5 An employee may seek to take unpaid carer’s leave as leave without pay which does not count as service.
An employee is entitled to three days paid leave on each occasion of the death of a member of the employee’s immediate family or household, including for these purposes foster parent, step parent, guardian or foster child of the employee.
An employee of Aboriginal or Torres Strait Islander descent is entitled to a maximum of ten days unpaid leave, in any two year period, for ceremonial purposes connected with the death of a member of the immediate family or extended family, or for other ceremonial obligations under Aboriginal and Torres Strait Islander law. This leave does not count as service for any purpose but shall not break the continuity of service.
27.7.1 An employee is entitled to five days paid leave per annum (non-accruable), taken as whole or part day, to meet special responsibilities not covered under other forms of leave. Such circumstances might include but are not limited to attending legal meetings, or unanticipated household emergencies.
27.7.2 Special leave does not apply to employees with less than twelve months continuous service with the Company.
[27.8 inserted by PR970673 ppc 24Mar06; corrected by PR976316 ppc 24Mar06]
27.8.1 Caring responsibilities
27.8.1(a) Subject to the evidentiary and notice requirements in 27.3.1 and 27.4.1 and 27.4.3, casual employees are entitled to not be available to attend work, or to leave work:
27.8.1(b) The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours 9i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.
27.8.1(c) An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage a casual employee are otherwise not affected.
