AT773671CRV - Community Pharmacy Award 1998 [Transitional]

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

[27 substituted by PR969389 ppc 27Feb06]

27.1 Use of personal leave

27.1.1 An employee with responsibilities in relation to either members of their immediate family or members of their household who are sick and require care and support shall be entitled to use, in accordance with this subclause personal leave entitlement which accrues after the date of this order, up to a maximum of five days per annum, for absences to provide care and support for such persons when they are ill.

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

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

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

27.1.3(b) the person concerned being either:

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

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

27.1.4 The term immediate family includes:

27.1.4(a) 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

27.1.4(b) 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.

27.1.5 The employee shall, wherever practicable, give the employer 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 the employer by telephone of such absence at the first opportunity on the day of absence.

27.1.6 Not more than 10 days paid leave for the specific purpose of providing care for family can be taken in any one year.

27.2 Unpaid leave for family purpose

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

27.2.2 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 excepted 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.

27.3 Annual leave for family purposes

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

27.3.2 Access to annual leave, as prescribed in 27.3.1 above, shall be exclusive of any shutdown period provided for elsewhere under this award.

27.3.3 An employee and employer may agree to defer payment of the annual leave loading in respect of single absences, until at least five consecutive annual leave days are taken.

27.4 This clause does not apply to casual employees.