AP839983 - Airline Operations - Licensed Aircraft Engineers - Qantas Airways Limited - Award 2005
24.1 Definitions
24.1.1 Immediate family includes:
24.1.1(a) a spouse, including a former spouse, a de facto spouse and a former de facto spouse; and
24.1.1(b) a child or adult child, including an adopted child, a step child or an ex nuptial child, of the employee or the employee’s spouse; and
24.1.1(c) a parent, grandparent, grandchild or sibling of the employee or the employee’s spouse.
24.1.2 De facto means a person of the opposite sex to the person who lives with the person as the husband or wife of that person on a bona fide domestic basis although not legally married to the person.
24.2 Entitlement
24.2.1 Subject to 24.3.1, an employee, except a casual employee, is entitled to paid personal leave in the following circumstances:
24.2.1(a) when the employee is absent from work due to personal illness or injury (sick leave);
24.2.1(b) for the purposes of caring for a member of the employee’s immediate family or household who is sick and who requires the employee’s care and support (carer’s leave);
24.2.1(c) when a member of the employee’s immediate family dies (bereavement leave).
24.2.2 Personal leave of 13 days is available in the first year of service. Eighteen days personal leave is available in each second and subsequent year of service.
24.2.3 In any year, unused personal leave accrues at the rate of either:
24.2.3(a) the current year’s sick leave entitlement less the number of sick leave days taken; or
24.2.3(b) the balance of that year’s unused personal leave,
whichever is the lesser.
24.2.4 Personal leave is not paid in lieu on termination of employment.
24.3 Sick leave
24.3.1 Entitlement
24.3.1(a) An employee shall be granted leave of absence without deduction of pay on account of illness or accident on the basis of the following and subject to the limitations set out in subclauses hereof.
On engagement |
five working days (38 hours). |
After six months service |
additional five working days (38 hours). |
After12 months service |
15 working days for each year of service (114 hours). |
24.3.1(b) An employee is entitled to use accumulated personal leave for the purposes of sick leave if the employee’s current year’s sick leave entitlement has been exhausted.
24.3.2 Notice of illness or injury
24.3.2(a) An employee must notify his or her supervisor within eight hours of the commencement of the absence of:
24.3.2(a)(i) the employee’s inability to attend for duty;
24.3.2(a)(ii) as far as practicable, the nature of the injury or illness; and
24.3.2(a)(iii) the estimated duration of the absence.
24.3.2(b) If it is not reasonably practicable for the employee to notify the Company of the absence within eight hours of the commencement of the absence, the employee must inform the Company of the absence within 24 hours of the absence.
24.3.3 Proof of illness or injury
24.3.3(a) An employee shall prove to the satisfaction of the employer that he or she was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed.
24.3.3(b) If an employee is absent on sick leave either the day before or the day after a 20th day, the employee must provide satisfactory evidence to the Company.
24.3.3(c) If an employee is sick on his or her 20th day, the employee is not entitled to a sick leave credit or a substitute day.
24.3.4 Sick leave and workers’ compensation
An employee is not entitled to be paid sick leave for any period for which he or she is receiving workers’ compensation.
24.3.5 Sick leave and public holidays
Leave under this clause is exclusive of public holidays.
24.3.6 Sick leave and annual leave
If an employee falls sick while on annual leave, and provides the Company with satisfactory medical evidence, the employee may be granted additional annual leave equivalent to the period of sickness. The additional annual leave may be granted at a time convenient to the Company and the employee. The period of sickness within the annual leave must be recorded as sick leave.
24.3.7 Maximum period of sick leave
The maximum period allowable with pay in respect of any continuous absence shall be 52 weeks, and where an employee has exhausted all leave allowable with pay he or she may be granted leave without pay, such combined absence with and without pay shall not exceed 78 weeks.
24.4 Bereavement leave
24.4.1 An employee is entitled to use up to three days personal leave as bereavement leave on each occasion of the death of a member of the employee’s immediate family or household.
24.4.2 Employees must produce satisfactory evidence of the death of the member of the employee’s immediate family or household to the Company.
24.5 Carer’s leave
24.5.1 Entitlement
24.5.1(a) An employee is entitled to use up to five days personal leave each year as carer’s leave. This entitlement is subject to:
24.5.1(a)(i) the employee being responsible for the care of the person concerned; and
24.5.1(a)(ii) the person concerned being either:
24.5.1(a)(ii)(1) a member of the employee’s immediate family; or
24.5.1(a)(ii)(2) a member of the employee’s household.
24.5.1(b) In normal circumstances an employee must not take carer’s leave under this clause if another person has taken leave to care for the same person.
24.5.1(c) Carer’s leave may be taken for part of a single day.
24.5.2 Proof of illness
The employee must, if required, 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.
24.5.3 Notice requirements
24.5.3(a) Before taking carer’s leave an employee must give the employer notice before his or her next rostered starting time, unless he or she has a good reason for not doing so.
24.5.3(b) The notice must include:
24.5.3(b)(i) the intention to take leave;
24.5.3(b)(ii) the name of the person requiring care and their relationship to the employee;
24.5.3(b)(iii) the reasons for taking leave; and
24.5.3(b)(iv) the estimated length of absence.
24.5.3(c) If it is not practicable for the employee to give the Company prior notice of the absence, the employee must notify the Company by telephone of such absence at the first opportunity on the day of absence.
24.5.4 Unpaid carer’s leave
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.
24.5.5 Make-up time
24.5.5(a) If the Company consents, an employee may take time off during ordinary hours, for the purposes of this clause.
24.5.5(b) If the employee takes time off under this subclause, the employee must work those hours at a later time, as make-up time, during the spread of ordinary hours as provided in this award.
24.5.6 Time off in lieu of payment for overtime
24.5.6(a) If the Company agrees, an employee may take time off in lieu of payment for overtime, for the purposes of this clause.
24.5.6(b) Overtime taken as time off during ordinary time must be taken at the ordinary time rate (i.e. an hour for each hour worked).
24.5.6(c) If the employee does not take time in lieu of overtime within four weeks of accrual of that time the employee may request payment for that overtime. The Company must pay the employee if requested, at the overtime rate.
24.5.7 Using annual leave as carer’s leave
24.5.7(a) Notwithstanding the provision of this clause, an employee may elect, with the consent of the employer, to take annual leave for the purposes of carer’s leave in single day periods not exceeding five days in any calendar year at a time or times agreed between the parties.
24.5.7(b) Access to annual leave, as prescribed in paragraph 24.5.7(a) above, shall be exclusive of any shutdown period provided for elsewhere under this award.
24.5.7(c) An employee and the employer may agree to defer payment of the annual leave loading in respect of single day periods, until at least five consecutive annual leave days are taken.
