AT812785CNV - Transport Workers’ (Refuse, Recycling and Waste Management) Award 2001 [Transitional]
[41 substituted by PR969534 ppc 19Jan06]
The provisions of this clause apply to full-time employees and regular part-time employees on a pro-rata basis, but do not apply to casual employees. The entitlements of casual employees are set out at clause 12.6.
41.1 Amount of paid personal leave
41.1.1 Paid personal leave will be available to an employee when they are absent due to:
41.1.2 Personal leave of:
41.1.2(a) 40 hours’ leave will be available in the first year of service;
41.1.2(b) 64 hours’ leave will be available per annum in the second and subsequent years of service.
41.1.3 In any year unused personal leave accrues at the rate of the lesser of:
41.1.3(a) 64 hours less the amount of personal leave taken for the purpose of personal injury and sickness from the current year’s personal leave entitlement in that year; or
41.1.3(b) the balance of that year’s unused personal leave.
41.1.4 Personal leave may accumulate from year to year so that any balance which has not been taken by an employee for the purpose of personal injury and sickness may be claimed by the employee and shall be allowed by the employer in the subsequent year or years.
41.2 Immediate family or household
41.2.1 The entitlement to use personal leave for the purposes of caring for an immediate family or household member who is sick or who requires the employee’s care and support or due to an unexpected emergency is subject to the person being either:
41.2.1(a) a member of the employee’s immediate family; or
41.2.1(b) a member of the employee’s household.
41.2.2 The term immediate family includes: .
41.2.2(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/her or her husband or wife on a bona fide domestic basis; and
41.2.2(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.
41.3 Personal Leave for personal injury and sickness
41.3.1 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.
41.3.2 An employee will be entitled to leave of absence without deduction of pay subject to the following conditions and limitations:
41.3.2(a) He/she will not be entitled to paid leave of absence for any period in respect of which he/she is entitled to workers’ compensation;
41.3.2(b) He/she shall not be entitled to paid personal leave for personal illness and injury during the first month of his/her employment.
41.3.3 In the case of an employee with not less than three months continuous service, his/her continuity of employment for the purposes of this clause shall not be affected by reason of his/her being stood off on account of seasonal fluctuations for any period not exceeding three months in any personal leave year.
For the purposes of this sub-clause, seasonal fluctuations include the termination of an employee’s services owing to completion of contracts.
41.3.4 An employee shall not be entitled to single days of paid personal leave for personal illness and injury on more than two occasions in any one year of service unless he/she produces to the employer a certificate from a qualified medical practitioner to the effect that he/she is unfit for duty on account of personal illness or injury by accident. Nothing in this clause shall limit the employer’s rights under paragraph 41.6.1.
41.3.5 An employee suffering injury through an accident arising out of and in the course of his/her employment (not being an injury in respect of which he/she is entitled to workers compensation) necessitating his/her attendance during working to a doctor, chemist or trained nurse, or at a hospital, shall not suffer any deduction from his/her pay for the time (not exceeding four hours) so occupied in the day of the accident, and shall be reimbursed by the employer all expenses reasonably incurred in connection with such attendance.
41.3.6 For the purposes of this clause year means the period from the date of commencement of an employee’s service to the anniversary of such date in each subsequent twelve months employment.
41.3.7 Where an employee is sick or injured on the week day he/she is to take off in accordance with the provisions of 32.3 of this award, he/she shall not be entitled to pay for personal leave for personal illness and injury, nor will his/her personal leave for personal illness and injury entitlement be reduced as a result of his/her sickness or injury on that day. Where practicable he/she will notify his/her employer prior to the commencement of his/her next period of work. He/she will within 24 hours of the commencement of such absence inform the employer of his/her inability to attend for duty and, as far as practicable, state the nature of the illness or incapacity and the estimated duration of the absence.
41.4 Personal Leave to care for an immediate family or household member
41.4.1 An employee is entitled to use up to 80 hours personal leave each year for the purpose of caring for an immediate family or household member who requires care due to injury or sickness or who requires care due to an unexpected emergency.
41.4.3 In normal circumstances an employee will not take personal leave to care for an immediate family or household member under this clause where another person has taken leave to care for the same person.
41.4.4 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) per occasion, provided the requirements of 41.5 and 41.6 are met.
41.5 Employee must give Notice
41.5.1 Where an absence is by reason of personal injury or sickness the employee shall, within 24 hours of the commencement of such absence, inform the employer of his/her inability to attend for duty and, as far as practicable, state the nature of the injury or illness, and the estimated duration of the absence.
41.5.2 Where an absence is by reason of the need to care for an immediate family or household member, 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 reason 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 will notify the employer by telephone of such absence at the first opportunity on the day of absence.
41.6 Evidence Supporting Claim
41.6.1 Where an absence is by reason of personal injury or sickness the employee shall prove to the satisfaction of his/her employer (or in the event of a dispute the matter will be determined pursuant to clause 11 - Settlement of disputes) that he/she was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed.
Provided that proof to the satisfaction of the employer referred to above may be a statutory declaration supplied to the employer by the employee within 24 hours of resumption of work.
41.6.2 Where an absence is due to the need to care for an immediate family or household member who is sick, the employee shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another
41.6.3 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.
