AT807604 - Print Centre (Canberra Times) Award 2000 [Transitional]
[24 renumbered as 23 and substituted by PR970566 ppc 14Mar06]
The provisions of this clause apply to full-time and regular part-time employees (on a pro rata basis) but do not apply to casual employees except for the entitlements for casual employees set out in 23.8.
23.1 Definitions
23.1.1 The term immediate family includes:
23.1.1(a) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis; and
23.1.1(b) 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.
23.1.2 The term day means the duration of a rostered shift.
23.2 Amount of paid personal leave
23.2.1 Paid personal leave is available to an employee, other than a casual employee, when they are absent:
23.2.2 The amount of personal leave to which a full-time employee is entitled depends on how long they have worked for the employer and accrues as follows:
23.2.2(a) 5 days in the first year of service; and
23.2.2(b) 8 days in each subsequent year.
23.2.3 Unused personal leave accumulates from year to year.
23.3 Personal leave for personal injury or sickness
Full-time employees may take up to the full amount of their personal leave for the purposes of personal illness or injury, subject to the conditions set out in this clause.
Personal leave for personal injury or sickness will only be claimed when the physical limitations imposed by the illness do not allow the employee to undertake duties in a safe manner.
23.4 Personal leave to care for an immediate family or household member
23.4.1 Subject to 23.4.2 and 23.4.3, a full-time employee is entitled to use their 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.
23.4.2 The entitlement in 23.4.1 is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take leave for this purpose where another person has taken leave to care for the same person.
23.4.3 Except as provided for in 23.4.4, not more than 10 days of personal leave can be used in a year by an employee for the purposes set out in 23.4.1.
23.4.3(a) These limits apply 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.
23.4.4 By agreement between an employer and an individual employee, the employee may access an additional amount of their accrued personal leave for the purposes set out in 23.4.1, beyond the relevant limit set out in 23.4.3. In such circumstances, the employer and the employee shall agree upon the additional amount that may be accessed.
23.5 Employee must give notice
23.5.1 The employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer or their inability to attend for duty and as far as practicable state the nature of the injury, illness or emergency and the estimated duration of the absence.
If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the employee will inform the employer within 24 hours of such absence.
23.5.2 When taking 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 notice must include:
23.6 Evidence supporting claim
23.6.1 When taking leave for personal illness or injury, the employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, that the employee was unable to work because of injury or personal illness.
A medical certificate or statutory declaration will be required if personal leave is in excess of 2 consecutive shifts.
23.6.2 When taking leave to care for members of their immediate family or household who are sick and require care and support, the employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that such illness requires care by the employee.
23.6.3 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.
23.7 In certain circumstances the certificate of a duly qualified medical practitioner will also be required for single day absences immediately on return to work and prior to personal leave being paid. These are:
23.7.1 A personal leave day being claimed immediately prior to or following a period of leave;
23.7.2 A personal leave day claimed when the employee has been rostered to work on a public holiday;
23.7.3 A personal leave day claimed immediately prior to or following a public holiday which the employee is not rostered to work;
23.7.4 A personal leave day claimed immediately prior to or following a day (or days) in lieu granted to the employee.
23.8 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 the requirements of 23.8 and 23.9 are met.
23.9 Casuals – caring responsibilities
23.9.1 Subject to the evidentiary and notice requirements in 23.5 and 23.6 casual employees are entitled to not be available to attend work, or to leave work:
23.9.2 The employer and the casual employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.
23.9.3 An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.
24. SICK LEAVE
[24 deleted by PR970566 ppc 14Mar06]
