AT801922 - Victorian Catholic Schools and Catholic Education Offices Award 1998 [Transitional]
13.1 Examinations
An employee shall be entitled to leave with pay to attend compulsory examinations in courses of study relevant to the employee’s classification under this award.
13.2 Degrees and diplomas
An employee shall be entitled to leave with pay for purposes of having an appropriate degree/diploma or other approved qualification conferred in courses of study relevant to the employee’s classification under this award.
13.3 Infectious diseases
An employee shall be entitled to leave with pay when the employee contracts one of the following infectious diseases through a contact in the workplace and where the Principal/employer is satisfied that the disease is prevalent in the workplace: German measles, chicken pox, measles, mumps, glandular fever, scarlet fever, whooping cough, rheumatic fever, hepatitis. The employee must produce a medical certificate which specifically names the disease and the employee shall request in writing that the leave be not debited against sick leave.
13.4 Jury service
[13.4 substituted by PR962601 ppc 13Sep05]
13.4.1 An employee required under the Juries Act 2000 (Vic) to appear and serve as a juror in any court shall be entitled to be granted leave with pay for the period during which attendance at court is required.
13.4.2 An employee must provide written proof to the employer of the requirement to attend for jury service and an estimate of the duration of the absence from duty if given by the court.
13.4.3 Any payments made to the employee by Court Authorities with respect to jury service by way of a prescribed rate of remuneration but excluding allowances shall be reimbursed to the employer.
13.5 Personal leave
[13.5 substituted by PR969567 ppc 03Feb06]
The provisions of this clause apply to full-time and regular part-time employees but do not apply to casual employees. The entitlements of casual employees are set out in clause 9.5.
13.5.1 Amount of paid personal leave
13.5.1(a) Paid personal leave will be available to an employee, when they are absent:
13.5.1(b) Personal leave of 15 days will be available in the first and subsequent years of service.
13.5.1(c) In any year unused personal leave accrues at the rate of the lesser of:
13.5.1(c)(i) fifteen days sick leave per year less the amount of sick leave taken from the current year’s personal entitlement in that year; or
13.5.1(c)(ii) the balance of that year’s unused sick leave.
13.5.2 Immediate family or household
13.5.2(a) The entitlement to use personal leave for the purposes of carer’s leave is subject to the person being either:
13.5.2(a)(i) a member of the employee’s immediate family; or
13.5.2(a)(ii) a member of the employee’s household.
13.5.2(b) The term immediate family includes:
13.5.2(b)(i) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis; and
13.5.2(b)(ii) 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.
13.5.3 Personal leave for personal injury or sickness (sick leave)
An employee shall be entitled to leave with pay when unable to perform duties because of personal ill health or accident provided that:
13.5.3(a) at the commencement of employment, a full-time employee shall be entitled to 15 days of sick leave, except where such an employee commences at a day other than the first day of the school year, in which case such an employee shall receive a pro-rata entitlement;
13.5.3(b) a full-time employee shall have 15 sick leave days added to their entitlement at the beginning of each school year;
13.5.3(c) part-time employees have a pro-rata entitlement to these 15 sick days calculated in hours per annum;
13.5.3(c)(i) entitlement per annum = hours employed per week x 3;
13.5.3(c)(ii) any unused sick leave at the end of each school year shall be converted to days per annum on the following basis:
13.5.3(c)(ii)(1) Teacher Curriculum Adviser, or Category B Placed Teacher:
Cumulative days |
= |
Unused hours |
÷ |
5 |
(Primary); or |
||||
Cumulative days |
= |
unused hours |
÷ |
4 |
(Secondary). |
13.5.3(c)(ii)(2) School Officers, Education Officer, Senior Education Officer, Catholic Education Office Clerical Employee or Category A Placed Teacher:
Cumulative days = unused hours ÷ 7.6.
13.5.3(d) any unused sick leave is fully cumulative and portable between respondent employers in respect of those workplaces listed in Schedule 1 of this award (subject to continuous service as defined in clause 22 – Service continuity);
13.5.3(e) employees on fixed term appointments have a pro-rata entitlement to these 15 sick days, calculated as a proportion of the term of the contract to a full year’s employment;
13.5.3(f) the ill health or accident:
13.5.3(f)(i) is not the subject of a current entitlement to payment under the provisions of the Accident Compensation Act 1985 (Victoria) and/or the Transport Accident Act 1986 (Victoria); or
13.5.3(f)(ii) has not been occasioned by the playing of professional sport or the engagement in other employment;
13.5.3(g) the employer shall deduct from the employee’s sick leave credit to the limit of the credit available:
13.5.3(g)(i) any days or part days for full-time employees; and
13.5.3(g)(ii) any hours for part-time employees, when the employee has been absent;
13.5.3(h) the employee shall produce a certificate of a legally qualified medical practitioner or other evidence satisfactory to the employer/principal for:
13.5.3(h)(i) any absence of more than two consecutive working days;
13.5.3(h)(ii) any absences where the number of sick days already taken without the production of a certificate of a legally qualified medical practitioner exceeds ten working days in the one school year (as defined);
13.5.3(h)(iii) any absence on the week day immediately before or immediately after a public holiday so long as that week day is a working day;
13.5.3(i) during an extended period of paid sick leave an employee may be required to produce a medical certificate every 28 days;
13.5.3(j) the employee shall not be entitled to paid sick leave:
13.5.3(j)(i) where sick leave credits are exhausted; or
13.5.3(j)(ii) unless that employee, or the authorised representative or the employee, within at least two hours after the normal commencement time of that employee, or as soon as reasonable practicable after that time, notifies the employer of the employee’s inability to attend for duty and the estimated duration of the absence;
13.5.3(k) where a full-time employee changes employment during a school year, and has an entitlement to portability of sick days under 13.5.3(d), the total amount of sick leave credited for that school year shall not exceed 15 days, or pro-rata for a part-time employee;
13.5.3(l) an employee who is unable to perform duties because of personal ill health or accident, and where paid sick leave credits have been exhausted, shall be entitled to unpaid sick leave. This entitlement is subject to the production at least each 28 days of a certificate of a legally qualified medical practitioner or other evidence satisfactory to the employer.
13.5.4 Personal leave to care for an immediate family or household member
13.5.4(a) Subject to 13.5.4(b) and (c) an employee is entitled to use up to ten days personal leave each year 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. This limit applies to the employee’s total accrued personal leave which includes any untaken personal leave from the current year’s entitlement and any untaken personal leave which has accumulated from previous years.
13.5.4(b) Evidence supporting claim
The employee shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the employee is responsible for the care of the person concerned.
13.5.4(c) Employee must give notice
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.
13.5.4(d) By agreement between an employer and an individual employee, the employee may access an additional amount of their accrued personal leave for carer’s leave as defined at 13.5.4(a) beyond the relevant limit set out above at 13.5.4(c). In such circumstances, the employer and the employee shall agree upon the additional amount that may be accessed.
13.5.4(e) Unpaid personal leave
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 of 13.5.4(b) and (c) are been met.
