AP838502 - Post Fulfilment Online Consent Award 2004

28. PERSONAL LEAVE TO CARE FOR AN IMMEDIATE FAMILY OR HOUSEHOLD MEMBER

[28 Carers leave title changed and substituted by PR969136 ppc 09Dec05]

28.1 Use of personal leave

28.1.1 An employee with responsibilities in relation to either members of their immediate family or members of their household who need their care and support or who require care due to an unexpected emergency, shall be entitled to use any personal leave for absences to provide care and support for such persons.

28.1.2 The employee shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned. If the evidence required concerns taking leave for an unexpected emergency then the employee shall produce documentation acceptable to the employer or a statutory declaration stating the nature of the emergency and that such emergency resulted in the person concern requiring care by the employee.

28.1.3 The entitlement to use personal leave in accordance with this subclause is subject to:

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

28.1.3(b) the person concerned being either:

28.1.3(b)(i) a member of the employee’s immediate family; or

28.1.3(b)(ii) a member of the employee’s household.

28.1.3(c) the term immediate family includes:

28.1.3(c)(i) a spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse, in relation to a person, means a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; and

28.1.3(c)(ii) a 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.

28.1.3(d) The employee shall, wherever practicable, give PFO 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 PFO by telephone of such absence at the first opportunity on the day of absence.

28.2 Unpaid carer’s leave

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

28.2.2 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 that notice and evidentiary requirements are met.

28.3 Annual leave

28.3.1 Notwithstanding the provision of this clause, an employee may elect, with the consent of PFO, to take annual leave in single day periods not exceeding ten days in any calendar year at a time or times agreed between them.

28.3.2 An employee and PFO 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 Time off in lieu of payment for overtime

28.4.1 An employee may elect, with the consent of PFO, to take time off in lieu of payment for overtime at a time or times agreed with PFO.

28.4.2 Overtime taken as time off during ordinary time hours shall be credited at the appropriate overtime rate in accordance with clause 24.5.

28.4.3 PFO shall, if requested by an employee, provide payment, at the rate provided for the payment of overtime in the award, for any overtime worked under clause 28.4.1 where such time has not been taken within four weeks of accrual.

28.5 Make-up time

An employee may elect, with the consent of PFO, 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.