35.1 Full-time employees will accrue an annual leave
credit of 20 days (150 hours) for each full year that they are
employed. Annual leave will accrue and be credited to employees on a daily
35.2 The grant of annual leave is subject to approval
by the Clerk. When considering requests for annual leave, the Clerk will have
regard to the operational requirements of the work area and the employee’s
personal circumstances and preferences. The grant of annual leave will not be
35.3 Consistent with the purpose of annual leave,
and subject to clause 35.6, employees are encouraged to utilise their annual
leave entitlement within 12 months of it accruing. Where considered necessary
to assist with the management of annual leave, a section head or supervisor may
require an employee to discuss and agree on a plan for the clearance of his or her
annual leave credits.
35.4 Where an employee has an annual leave credit in
excess of 45 days as at 1 April in any year and agreement cannot be
reached in identifying suitable dates for the taking of at least two weeks’ annual
leave, the program manager may direct the employee to take a period of annual
leave. Such a direction will only be given after consultation has taken place
between the program manager and the employee. The employee should be given
minimum notice of the direction of one month. Alternatively, and subject to
clause 35.6, the employee may seek approval to “cash out” the excess
35.5 Employees may request to take their annual
leave at half pay. Where a public holiday falls within a period of annual
leave taken at half pay, the rate of pay for the public holiday will be full
35.6 Employees may apply to “cash out” their annual
leave credits subject to the following:
(a) the employee has taken a minimum of two weeks’
(10 days’) annual leave in the previous 12 months;
(b) the minimum amount that may be paid out in any 12-month
period is one week (five days);
(c) the cashing out of the leave must not result in
the employee’s annual leave balance after the cashing out being less than four weeks;
(d) a separate written agreement is made between the
Clerk and the employee for each period of “cashed out” annual leave; and
(e) salary for this purpose will be the employee’s
ongoing salary, except where the employee has been on temporary assignment at a
higher classification for a continuous period in excess of 12 months.
35.7 Where an employee’s approved annual leave is
cancelled without reasonable notice, or an employee is recalled to duty from
leave, he or she will be entitled to be reimbursed reasonable travel costs and
incidental expenses not otherwise recoverable under any insurance or from any
36.1 Personal/carer’s leave may be granted by the
Clerk in the following circumstances:
(a) where an employee is ill or injured or for
attendance at a medical or dental appointment;
(b) to provide care or support to a member of the
employee’s immediate family, or household, who requires care or support because
of a personal illness, injury or unexpected emergency;
(c) to attend the funeral of a close friend or
relative not covered by compassionate leave;
(d) to attend to other emergencies as considered
(e) where the period of compassionate leave granted to
an employee is not sufficient and the employee requires additional leave.
36.2 Ongoing employees will receive an initial personal/carer’s
leave credit of 18 days on the date of their engagement. Thereafter, personal/carer’s
leave will accrue and be credited on a daily basis, at the rate of 18 days
36.3 Non-ongoing (temporary) employees will accrue personal/carer’s
leave at the rate of 18 days per year from the date of commencement, and
will be credited with the leave on a daily basis.
36.4 Where personal circumstances require, an employee
may request to convert full pay personal/carer’s leave credits to half pay personal/carer’s
leave credits. Where a public holiday falls within a period of personal/carer’s
leave taken at half pay, the rate of pay for the public holiday will be full
Granting of personal/carer’s
36.5 The grant of personal/carer’s leave is subject to
approval by the Clerk. Access to paid personal/carer’s leave is subject to
availability of credits and the provision of a medical certificate, or other
documentary evidence, where required.
36.6 Employees will be required to provide a medical
certificate, or other documentary evidence, in the following circumstances:
(a) where the absence exceeds three consecutive
working days; or
a total of 5 days (37 hours and 30 minutes) personal/carer’s leave
not supported by a medical certificate, or other documentary evidence, has been
taken in the calendar year;
the grant of personal/carer’s leave will be without pay.
36.7 The relevant program manager may, as an
alternative to the grant of personal/carer’s leave without pay under paragraph 36.6(b),
grant the employee flex leave, annual or purchased leave.
36.8 Notwithstanding paragraph 36.6(b), a
supervisor or manager may require an employee to provide a medical certificate,
or other documentary evidence, for future personal/carer’s leave absences where
there is a pattern of regular or significant part-day absences by the employee.
36.9 Medical certificates from registered health
practitioners will only be accepted for personal/carer’s leave purposes where
they are issued in accordance with relevant guidelines of the Australian
36.10 Where an employee has exhausted his or her paid
personal/carer’s leave credit and is granted personal/carer’s leave without
pay, the period of leave will count as service for all purposes.
36.11 An employee will not be entitled to access paid
personal/carer’s leave while also entitled to paid leave under the Maternity
Leave (Commonwealth Employees) Act 1973.
36.12 Personal/carer’s leave will not be debited where
an employee is medically unfit for duty on a public holiday, or other closedown
day, which the employee would otherwise have observed.
36.13 If during a period of annual or long service
leave, an employee is medically unfit for duty, or for other reasons
personal/carer’s leave is considered appropriate, and the period is for one day
or longer, he or she may apply for personal/carer’s leave, subject to a medical
certificate, or other documentary evidence, being provided. Annual or long
service leave will be re-credited to the extent of the period of personal/carer’s
Extended periods of personal/carer’s
36.14 An employee will not, without his or her consent,
have his or her employment terminated on the grounds of physical or mental
incapacity before that employee’s personal/carer’s leave credit has expired.
36.15 An employee who is absent from work because of
illness is not normally able to use leave other than personal/carer’s leave to
cover the absence. However, where the employee has exhausted all paid personal/carer’s
leave, the Clerk may, as an alternative to the grant of personal/carer’s leave
without pay, approve the use of annual leave and/or long service leave for an
absence because of illness.
36.16 The Clerk may, where such a grant is justified,
allow employees with a significant period of service with the Commonwealth, a
grant of additional personal/carer’s leave with pay (usually on half pay) where
all paid personal/carer’s leave and other leave entitlements have been
Unpaid carer’s leave
36.17 An employee, including a sessional or casual (temporary)
employee, who has exhausted his or her paid personal/carer’s leave credits, is
entitled to two days unpaid carer’s leave on each caring occasion.
36.18 Periods of unpaid carer’s leave granted to a
sessional or casual employee will be treated as leave not to count as service
for any purpose.
37.1 An employee is entitled to three days’ paid
compassionate leave for each occasion when a member of the employee’s immediate
family, or household:
(a) contracts or develops a personal illness that
poses a serious threat to his or her life; or
(b) sustains a personal injury that poses a serious
threat to his or her life; or
37.2 A sessional or casual (temporary) employee will
be entitled to the grant of unpaid compassionate leave in the circumstances
outlined in clause 37.1.
types of leave
Long service leave
38.1 The entitlement to long service leave is
provided for by the Long Service Leave (Commonwealth Employees) Act 1976.
38.2 Eligible employees may access long service leave
for a minimum period of seven calendar days at any one time.
38.3 The Clerk may approve an application from an
ongoing employee for the purchase of between one and four additional whole
weeks of leave per year. Salary payments for the purchased leave are
averaged over a maximum period of 12 months.
38.4 Salary for superannuation purposes will not be
affected by an application for purchased leave.
38.5 A reconciliation, and any necessary adjustments
to the salary deductions, will be made following a salary increase, or where
the employee leaves the department, takes a period of leave in excess of six months,
or transfers temporarily to another Commonwealth department or agency.
38.6 The entitlement to maternity leave is provided
for under the Maternity Leave (Commonwealth Employees) Act 1973.
38.7 Employees entitled to paid leave by the Maternity
Leave (Commonwealth Employees) Act 1973 will also be entitled to two additional
weeks of paid leave under the terms of this Agreement. This payment does not
extend the total allowable absence under the Act (i.e. 52 weeks).
38.8 In order to provide more flexible
administration of maternity leave, an employee may elect to spread the payment
for the first 14 weeks of absence and the leave provision in clause 38.7 over
a period of up to 28 weeks at a rate no less than half of the normal
salary. The maximum period of paid leave to count as service will be 14 weeks
Parental leave – birth
of a child – supporting partner
38.9 An employee who is entitled to unpaid parental
leave under the Fair Work Act 2009 will be entitled, under this
Agreement, to one week of paid parental leave on the birth of his or her child.
Periods of unpaid parental leave will be treated as leave not to count as
Parental leave – adoption
of a child
38.10 An employee who is entitled to unpaid adoption
leave under the Fair Work Act 2009, and who is the primary
caregiver for an adopted child, will be entitled to 14 weeks of paid parental
leave when an adopted child is placed with the employee. Periods of unpaid parental
leave will be treated as leave not to count as service.
Community service leave
– jury service
38.11 An employee is entitled to leave to attend jury
service. An employee will continue to be paid by the department but will be
required to pay to the department any amount received for jury service other
than an amount that is, or that is in the nature of, an expense related
service leave – voluntary emergency management activity
38.12 An employee who engages in a voluntary
emergency management activity as defined in the Fair Work Act 2009 is
entitled to be absent from work, on paid leave, for such time as is required,
including the time engaged in the activity, in regular training and for
ceremonial duties, reasonable travelling time and reasonable rest time
following such activities, providing that the employee’s absence is reasonable
in all the circumstances.
Aboriginal and Islanders Day Observance Committee week leave
38.13 The Clerk may grant an employee paid leave for
one day per calendar year to enable participation in National Aboriginal and Islanders
Day Observance Committee events.
38.14 The Clerk may grant discretionary leave with or
without pay in accordance with the relevant departmental guidelines.
38.15 Where an employee is granted in excess of 30 days
discretionary leave without pay not to count as service within a calendar year,
the employee’s accrual of annual and personal/carer’s leave will be reduced
proportionate to the number of days of discretionary leave without pay taken in
Defence reserve leave
38.16 New members of the defence force reserves may
be granted leave with pay for up to 10 working days to attend
recruit/initial employment training.
38.17 Reservists (including new recruits who have
been granted leave to attend recruit/initial employment training) may be
granted leave with pay for up to 20 working days per year for peacetime
training and deployment. Where all 20 working days are not utilised in a
calendar year, the remaining days may be carried forward and used the following
38.18 Where further leave for training and deployment
is required, leave without pay may be granted in accordance with the relevant departmental
Leave for full-time defence
38.19 An employee may be granted leave to enable him
or her to perform full-time defence service. Leave may be granted in
accordance the relevant departmental guidelines.
War service sick leave
38.20 Employees with Defence Force service prescribed
by the Veterans’ Entitlement Act 1986 are eligible for additional
38.21 Eligible employees will be granted war service
sick leave credits as follows:
(a) a special one-off credit of nine weeks on
(b) an annual credit of three weeks. A further
credit will accrue on completion of each year of service with the department.
This credit will accumulate but is subject to a maximum credit balance of nine weeks.
of accrued leave entitlements and recognition of prior service
39.1 Where an employee moves (including on promotion
or for an agreed period) from another Australian Parliamentary Service
department, where he or she was an ongoing employee, the employee’s unused
accrued annual leave and personal/carer’s leave (however described) will be
recognised, provided there is no break in continuity of service.
39.2 Where an employee is engaged as either an ongoing
or non-ongoing (temporary) Australian Parliamentary Service employee
immediately following a period of ongoing employment in the Australian Public
Service, another Commonwealth agency or the Australian Capital Territory
Government Service, the employee’s unused accrued annual leave and
personal/carer’s leave (however described) will be recognised.
39.3 Where a person is engaged as an ongoing employee,
and immediately prior to the engagement the person was employed as a
non-ongoing (temporary) Australian Public Service employee, the Clerk may, at
the employee’s request, recognise any accrued annual and personal/carer’s leave
(however described), provided there is no break in continuity of service. Any
recognised annual leave excludes any accrued leave paid out on separation.