AT817064 - Residential Aged Care (Hostels) Award 2002 [Transitional]
[25 substituted by PR967297 ppc 17Mar06]
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. The entitlements of casual employees are set out in clause 25B.
25.1 Definitions
The term immediate family includes:
25.1.1 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
25.1.2 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.
25.2 Amount of paid personal leave
25.2.1 Paid personal leave is available to an employee, when they are absent:
25.2.2 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:
Length of time worked for the employer |
Personal leave (hours) |
less than 1 month |
16 |
1 month to less than 3 months |
32 |
3 months to less than 6 months |
48 |
6 months to less than 12 months |
76 |
Each year thereafter |
76 |
25.2.3 Unused personal leave accrues fully from year to year.
25.2.4 An employee shall not be entitled to claim payment for any period exceeding 380 hours in any one year of service.
25.2.5 Paid personal leave shall be paid at the ordinary rate.
25.3 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.
25.3.1 An employee who suffers personal ill health or injury whilst on annual leave may be paid personal leave for personal injury or sickness in lieu of annual leave subject to:
25.3.1(a) providing a medical certificate stating the illness or injury necessitated confinement to home or hospital for seven consecutive days or more;
25.3.1(b) the portion of annual leave coinciding with the paid personal leave for personal injury or sickness is to be taken at a time agreed by the employer and employee or shall be added to the next period of annual leave.
25.3.1(c) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in clause 26 - Annual leave, shall be deemed to have been paid with respect to the replaced annual leave.
25.3.2 Where a business has been transmitted from one employer to another and the employee’s service has been deemed continuous in accordance with clause 2(3) of the long service leave provisions published in volume 77 of the Western Australian Industrial Gazette at pp 1 to 4, the paid personal leave for personal injury or sickness standing to the credit of the employee at the date of transmission from service with the transmittor shall stand to the credit of the employee at the commencement of service with the transmittee and may be claimed in accordance with the provisions of this clause.
25.3.3 The provisions of this clause with respect to payment do not apply to employees who are entitled to payment under the Workers’ Compensation and Assistance Act 1981 (WA), nor to employees whose injury or illness is the result of the employee’s own misconduct.
25.3.4 No paid personal leave for personal injury or sickness shall be granted if the illness or injury has been caused by the misconduct of the employee.
25.4 Personal leave to care for an immediate family or household member
25.4.1 An employee is entitled to use up to 10 days’ personal leave, 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.
25.4.2 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 25.4.1, beyond the limit set out in 25.4.1. In such circumstances, the employer and the employee shall agree upon the additional amount that may be accessed.
25.5 Employee must give notice
25.5.1 To be entitled to payment in accordance with clause 25.3 – Personal Leave for Personal Injury or Sickness, the employee shall as soon as reasonably practicable advise the employer of their inability to attend for work, the nature of the illness or injury and the estimated duration of the absence. Except in extraordinary circumstances the employee shall provide this advice to the employer prior to the commencement of the employee’s rostered ordinary hours.
25.5.2 Before taking personal leave to care for an immediate family or household member under subclause 25.4 – Personal Leave to Care for an Immediate Family or Household Member, an employee must give at least two hours’ notice before their next rostered starting time, unless they have a good reason for not doing so.
25.5.2(a) The notice must include:
25.5.2(b) If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone at the first opportunity.
25.6 Evidence supporting claim
25.6.1 Evidence required for clause 25.3 - personal leave for personal injury or sickness:
25.6.1(a) An employee shall not be entitled to be paid leave for personal injury or sickness for any absence of more than two consecutive days unless the employee provides the employer with a medical certificate for the absence, dated at the time of the absence.
25.6.1(b) An employee is allowed a maximum of two absences without a medical certificate in any twelve month period. The employer will put in writing that the next and subsequent absences in that year, if any, shall be accompanied by such certificate.
25.6.2 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 the illness is such as to require care by another.
25.6.3 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.
25.7 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) per occasion, provided the requirements of 25.5 and 25.6 are met.
