AT806816CRV - Hairdressing and Beauty Services - Victoria - Award 2001 [Transitional]
[34 substituted by PR967595 ppc 09Dec05]
34.1 Use of sick leave
34.1.1 An employee, other than a casual employee, with responsibilities in relation to either members of their immediate family or members of their household who need their care and support shall be entitled to use, in accordance with this clause, any sick leave entitlement which accrues after 28 December 1996 for absences to provide care and support for such persons when they are ill or who requires care due to an unexpected emergency. The entitlements of casual employees are set out in clause 11.4.6.
34.1.2 Evidence supporting claims
34.1.2(a) The employee shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned.
34.1.2(b) When taking leave to care for members of their immediate family or household who require care due to an unexpected emergency, the employee must, if required by the employer, establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.
34.1.3 The entitlement to use sick leave in accordance with this clause is subject to:
34.1.3(a) the employee being responsible for the care of the person concerned; and
34.1.3(b) the person concerned being either:
34.1.3(b)(i) a member of the employee’s immediate family; or
34.1.3(b)(ii) a member of the employees’ household.
34.1.3(c) The term immediate family includes:
34.1.3(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
34.1.3(c)(ii) a child or an adult child (including an adopted child, a stepchild or an ex nuptial child) parent, grandparent, grandchild or sibling of the employee or spouse of the employee.
34.1.4 The employee must, where 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 must notify the employer by telephone of such absence at the first opportunity on the day of absence.
34.2 Unpaid leave for family purpose
Where an employee has exhausted all paid family leave entitlements they are entitled to take unpaid family 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 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) per occasion, provided the requirements in 34.1.2 and 34.1.4 are met.
34.3 Use of annual leave
34.3.1 Consistent with 31.2.3 an employee may elect, with the consent of the employer, to take annual leave in single periods not exceeding ten days in any calendar year at a time or times agreed between them for any purpose including family leave.
34.3.2 Access to annual leave, as prescribed in 34.3.1, is exclusive of any shutdown period provided for elsewhere under this award.
34.4 Time off in lieu of payment for overtime
An employee’s entitlement to time off in lieu of overtime is to be the entitlement under 30.4 of this award.
34.5 Make-up time
An employee may elect, with the consent of their employer, 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.
34.6 Grievance process
In the event of any dispute arising in connection with any part of this clause, such a dispute is to be processed in accordance with the dispute settling provisions of this award.
