AT809686 - Analabs Consent Award 2001 [Transitional]
[27 substituted by PR968933 ppc 01Feb06]
The provisions of this clause apply to full-time and regular part-time employees, but do not apply to casual employees. The entitlement of casual employees is set out at clause 27A.
27.1 Amount of paid personal leave
27.1.1 Paid personal leave will be available to an employee when they are absent due to:
27.1.2 The amount of personal leave to which an employee is entitled shall be 10 days per annum.
27.1.3 In any year personal leave shall accrue by the balance of that year’s unused personal leave.
27.1.4 Unused personal leave shall accumulate.
27.2 Definitions
The term immediate family includes:
27.2.1 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
27.2.2 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.
27.3 Personal leave for personal injury or sickness
27.3.1 If a full-time employee is absent from work on account of personal illness or injury that employee shall be entitled to leave of absence without deduction of pay.
27.3.2 An employee may access leave for personal injury or illness for part day absences and such absences shall be calculated on a proportionate basis.
27.4 Personal leave to care for an immediate family or household member
An employee with family responsibilities in relation to either members of their immediate family or members of their household who need care and support, are entitled to use any personal leave entitlement which has been accrued for absences to provide care and support for such person when they are ill, or who require care due to an unexpected emergency.
27.5 Employee must give notice
When taking leave for personal injury or illness, the employee shall as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of the inability to attend for duty and as far as is practicable, state the nature of the injury or illness and the estimated duration.
27.6 Evidence supporting claim
27.6.1 When taking leave for personal injury or illness:
27.6.1(a) Absences in excess of two days must be supported by a medical certificate.
27.6.1(b) Employees absent on either side of a weekend or public holiday shall be required, if notified by the employer within 48 hours of their return to work, to provide satisfactory evidence of their sickness within ten days to be entitled to payment for the absence.
27.6.1(c) When an employee has had five absences due to sickness in a year, the employer may request in writing that the employee furnish evidence of sickness for each following such absence in that year before payment for sick leave will be made.
27.6.2 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.
27.7 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 are met.
