AT817064 - Residential Aged Care (Hostels) Award 2002 [Transitional]
26.1 Entitlement
26.1.1 Except as hereinafter provided, employees shall be entitled to six consecutive weeks leave after each twelve months continuous service.
26.1.2 Notwithstanding the provisions of 26.1.1, an employee employed regularly in a non-client related position including gardener, machinist, maintenance employee and storesperson who is not required to be available to work on any public holiday named in clause 27 - Public holidays, shall be entitled to four consecutive weeks’ leave after each twelve months continuous service.
26.1.3 The annual leave prescribed in 26.1.1 and 26.1.2, shall accrue pro rata on a weekly basis.
26.1.4 Shift employees who, in each roster rotate afternoon and/or night shift with day shift shall be granted an additional weeks leave. Provided that for employees whose shifts are not subject to regular rotation one days additional annual leave shall be accrued for each 30 afternoon or night shifts worked to a maximum of five annual leave days each twelve months.
26.2 Taking leave
[26.2 substituted by PR967297 ppc 17Mar06]
26.2.1 Annual leave shall be given as soon as practicable after falling due and shall not accumulate except with the consent of the employee, but in no case shall it accumulate for more than two years.
26.2.2 By agreement annual leave may be taken in advance of it having accrued. In such a case the advance payment shall be offset against any future accrual or against monies otherwise payable to the employee on termination of employment.
26.2.3 Annual leave may be split into more than one portion:
26.2.3(a) by the employer once per annum provided that no portion is less than two weeks; or
26.2.3(b) subject to sub-clause 26.2.4, by agreement between the employer and the employee.
26.2.4 An employee may request to take annual leave in single day portions:
26.2.4(a) to a maximum of ten single days; and
26.2.4(b) at the initiative of the employee; and
26.2.4(c) for the purpose of assisting employees in balancing their work and family responsibilities.
26.2.5 Each employee shall be given at least fourteen days notice of the commencement date of their leave except that by agreement between the employer and employee the notice period may be dispensed with.
26.3 Rate of pay
26.3.1 An employee on annual leave shall be paid the wage which the employee would have received (including any shift and weekend penalties) for any ordinary hours which the employee would have worked had the employee not been on annual leave during the relevant period.
26.3.1(a) An employee on annual leave (including an on call employee as defined in clause 6 - Definitions) shall also be paid any call allowance which the employee would have received in accordance with clause 20 - Call allowance, had the employee not been on leave during the relevant period.
26.3.1(b) Where it is not possible to calculate the shift and weekend penalties, or the call allowance, which the employee would have received, an estimate shall be made based upon the payments made to the employee in the twelve weeks prior to taking the leave.
26.3.2 Provided that an employee taking annual leave shall not be paid less than the applicable ordinary rate of wage in clause 13 - Wages, and a 17.5% loading for any ordinary hour which the employee would have worked had the employee not been on leave during the relevant period. This paragraph shall not apply to two of the six weeks’ leave prescribed by 26.1.1 or to proportionate annual leave on termination.
26.3.3 The employee is to be paid for a period of annual leave prior to commencing the leave.
26.4 Termination
26.4.1 Subject to this clause, if:
26.4.1(a) the employee lawfully terminates their employment; or
26.4.1(b) the employee’s employment is terminated by the employer for reasons other than misconduct;
the employee shall be paid (at the rate prescribed in 26.3) for any annual leave which has accrued but not been taken.
26.4.2 An employee whose employment is terminated because of misconduct is entitled to be paid only for any untaken leave that relates to a year of service completed before the misconduct occurred.
26.5 Absence from work
Any time in respect of which an employee is absent from work except time for which that employee is entitled to claim paid sick leave or unpaid sick leave up to three months, or the first calendar month of any absence on workers’ compensation, or any absence on annual leave, long service leave and compassionate leave shall not count for the purpose of determining annual leave entitlements.
26.6 Transmission of business
Where, pursuant to paragraph (3) of subclause 2 - long service, of the long service leave provisions published in volume 65 of the Western Australian Industrial Gazette at pages one to four, the period of continuous service which an employee has had with the transmittor (including any such service with any prior transmittor) is deemed to be service of the employee with the transmittee then that period of continuous service shall be deemed to be service with the transmittee for the purposes of this subclause.
26.7 Casuals
The provisions of this clause shall not apply to casual employees.
