AT809096 - Salaried, Professional and Technical (TransAdelaide) Award 2001 [Transitional]

30. PERSONAL LEAVE

[30 substituted by PR969416 ppc 21Feb06]

The provisions of this clause apply to full-time and regular part-time employees (on a pro rata basis).

30.1 Definitions

The term immediate family includes:

30.1.1 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

30.1.2 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.

30.2 Amount of paid personal leave

30.2.1 Paid personal leave is available to an employee, when they are absent:

• due to personal illness or injury; or
• for the purposes of caring for an immediate family or household member who is sick and requires the employee’s care and support or who requires care due to an unexpected emergency.

30.2.2 The amount of personal leave to which a full-time employee is entitled depends on how long they have worked for the employer, is recorded in working hours and accrues on a financial year basis as follows:

• on the commencement of the employee’s employment, the equivalent of five working days (37.5/38 hours);
• if an employee commenced between 1 July and 31 December in a calendar year, then on 1 January in the following calendar year, the equivalent of a further five working days (37.5/38 hours);
• on 1 July each year, the equivalent of 10 working days (75/76 hours).

30.3 Accumulation of personal leave

Unused personal leave accumulates from year to year. There is no limit on the amount of personal leave credit that an employee may accrue during employment.

30.4 Personal leave for personal injury or sickness

An employee is entitled to use the full amount of their personal leave entitlement including accrued leave for the purposes of personal illness or injury, subject to the conditions set out in this clause.

30.5 Personal leave to care for an immediate family or household member

30.5.1 An employee is entitled to use up to 10 days personal leave (75/76 hours), including accrued 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, subject to the conditions set out in this clause.

30.5.2 The entitlement in 30.5.1 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.

30.5.3 By agreement between TransAdelaide and an individual employee, the employee may access an additional amount of their accrued 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, beyond the limit set out in 30.5.1. In such circumstances, TransAdelaide and the employee shall agree upon the additional amount that may be accessed.

30.6 Employee must give notice

30.6.1 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 employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform TransAdelaide of their inability to attend for work. If it is not reasonably possible to inform TransAdelaide during the ordinary hours of the first day or shift of such absence, the employee will inform TransAdelaide within 24 hours of such absence.

30.6.2 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:

• the name of the person requiring care and support and their relationship to the employee;
• the reasons for taking such leave; and
• the estimate length of absence.

30.7 Evidence supporting claim

30.7.1 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 illness.

30.7.2 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.

30.7.3 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.

30.8 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 15/16 hours) per occasion, provided the requirements of 30.6 and 30.7 are met.