Section 7: Leave provisions
Employees may be granted leave in accordance with the provisions outlined in this section.
All existing accrued leave credits of current employees will be retained under this Agreement.
To improve both the efficiency of leave administration and the management of leave in the work areas, electronic processing of leave will be utilised where available.
37. Recreation leave
37.1 Full-time employees will receive a recreation leave credit of 20 days (150 hours) for each full year that they are employed. Part-time employees will be credited with recreation leave on a pro rata basis. Recreation leave will accrue and be credited to employees on a daily basis.
37.2 The grant of recreation leave is subject to approval by the Clerk. When considering requests for 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 leave will not be unreasonably refused.
37.3 Consistent with the purpose of recreation leave, and subject to clause 37.7, employees are encouraged to utilise their recreation leave entitlement within 12 months of it accruing. To assist with the management of leave, section heads and supervisors, in consultation with employees, will develop and implement a plan for the clearance of each employee’s recreation leave credits.
37.4 Employees may elect to take their recreation leave at half pay. Where a public holiday falls within a period of recreation leave taken at half pay, the rate of pay for the public holiday will be full pay.
37.5 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 recreation leave will be reduced proportionate to the number of days leave without pay taken in that year.
37.6 Where agreement cannot be reached in identifying suitable dates for the taking of at least 2 weeks recreation leave, and the employee has a recreation leave credit in excess of 40 days, the program manager may (subject to the limitation contained in the note below) direct the employee to take a period of recreation leave. Such a direction shall only be given after consultation has taken place between the program manager, the employee and HRM. The employee should be given minimum notice of 1 month.
Note: for the purposes of clause 37.6 the maximum period of leave that an employee may be directed to take is one quarter of their recreation leave credit at the time the direction is given.
37.7 Employees may apply to “cash out” their recreation leave credits in accordance with the following:
- the employee has taken a minimum of 2 weeks (10 days) recreation leave in the previous 12 months;
- the minimum amount that may be paid out in any 12 month period is 1 week (5 days);
- the maximum amount that may be paid out in any 12 month period is 2 weeks (10 days); and
- salary for this purpose will be an employee’s ongoing salary, except where an employee has been on temporary assignment at a higher level for a continuous period in excess of 12 months.
37.8 Where an employee has a recreation leave credit in excess of 45 days as at 1 April each year, he/she will, unless the program manager approves the retention of the leave, be deemed to be on leave for a period equal to the excess credit (ie the credit in excess of 45 days). Alternatively, the employee may seek approval to cash out the excess credit.
Note: for the purposes of clause 37.8 the maximum period of leave that an employee may be deemed to have taken is one quarter of their recreation leave credit on the first day on which the employee is deemed to be on leave, and the maximum amount of leave that may be cashed out in any 12 month period is 2 weeks (10 days).
37.9 Where an employee’s approved recreation 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 other source.
37.10 An employee who is medically unfit for duty for 1 day or longer while on recreation leave and who produces satisfactory medical evidence, may apply for sick leave. Recreation leave will be re-credited to the extent of the period of sick leave granted.
37.11 Unused recreation leave will be paid out where an employee resigns or retires from the Parliamentary Service or their employment is otherwise terminated.
38. Personal leave
For the purposes of this Agreement, personal leave comprises separate sick leave and carer’s leave credits.
Sick leave
Sick leave credits
38.1 Ongoing employees will be granted an initial sick leave credit of 3 weeks full pay (15 days for full-time employees) on the date of their engagement. Thereafter, sick leave will accrue at the rate of 3 weeks per year, with the leave being credited on a daily basis.
38.2 Non-ongoing employees will accrue sick leave at the rate of 3 weeks per year (15 days for full-time employees) from the date of commencement, and will be credited with the leave on a daily basis.
38.3 Part-time employees will accrue sick leave credits (whether under clause 38.1 or 38.2) on a pro rata basis.
38.4 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 sick leave will be reduced proportionate to the number of days leave without pay taken in that year.
38.5 Where personal circumstances require, an employee may apply to convert full pay sick leave credits to half pay sick leave credits.
38.6 A non-ongoing employee who on 23 November 1999 had an existing sick leave credit, will retain the credit and may access it in accordance with the arrangements in place prior to the introduction of the loading in lieu of leave. The credit will expire where a break in service exceeds 2 months, other than a break relating to the parliamentary sitting pattern.
Granting of sick leave
38.7 The grant of sick leave is subject to approval by the Clerk. Access to paid sick leave is subject to availability of credits and the production of a medical certificate where required.
38.8 Employees will be required to produce a medical certificate in the following circumstances:
38.8.1 where the absence exceeds 3 consecutive working days; or
38.8.2 where a total of 37.5 hours sick leave (5 days for full-time employees), not supported by a medical certificate, has been taken in the calendar year;
otherwise the grant of sick leave shall be without pay.
Note: for the purposes of clause 38.8.2, the number of hours sick leave that a part-time employee may use without the support of a medical certificate in a calendar year will be equal to their agreed weekly hours of duty.
38.9 The relevant program manager may, as an alternative to the grant of sick leave without pay under clause 38.8.2, grant the employee flex leave, recreation or purchased leave.
38.10 The relevant program manager may waive the requirement for a medical certificate in special circumstances, such as where an employee is suffering a recurring or chronic medical condition (see clause 38.8.2), or where the employee has ongoing caring responsibilities (see clause 38.14).
38.11 Notwithstanding clause 38.8.2 a supervisor may require the provision of a medical certificate for future sick leave absences where there is a pattern of the employee taking regular or significant part-day absences.
38.12 Medical certificates from registered health practitioners will only be accepted for sick or carer’s leave purposes where they are issued in respect of the area of practice in which the practitioner is registered or licensed.
38.13 Employees are encouraged to use flextime arrangements to cover part-day absences for medical or dental appointments instead of accessing sick leave credits.
38.14 Subject to the note below, an employee may access up to 5 days of his or her sick leave credit for carer’s leave purposes where the employee has exhausted his or her annual carer’s leave credit and a medical certificate is provided which certifies the need for carer’s support. The grant of further sick leave for carer’s leave purposes in the calendar year may be approved by the program manager in exceptional circumstances.
Note: the Workplace Relations Act 1996 allows employees to use, as a minimum, 10 days paid personal leave per year for caring purposes
38.15 Where an employee is granted sick leave without pay, the period of leave will count as service for all purposes.
38.16 In accordance with the relevant Parliamentary Service legislation, the Clerk may require an employee to undergo a medical examination to determine fitness for continued duty.
38.17 An employee will not be entitled to access paid sick leave while also entitled to paid leave under the Maternity Leave (Commonwealth Employees) Act 1973.
38.18 Sick leave will not be debited where an employee is medically unfit for duty on a public holiday which the employee would otherwise have observed.
Extended periods of sick leave
38.19 An employee will not, without his/her consent, have their employment terminated on the grounds of physical or mental incapacity before that employee’s sick leave credit has expired.
38.20 An employee who is absent from work because of illness is not normally able to use leave other than sick leave to cover the absence. However, where the employee has exhausted all paid sick leave, the Clerk may, as an alternative to the grant of sick leave without pay, approve the use of recreation leave and/or long service leave for sick leave purposes. Periods of sick leave without pay in excess of 78 weeks will not count as service for any purpose except long service leave.
38.21 The Clerk may, where such treatment is justified, allow employees with long service a grant of additional sick leave with pay (usually on half pay) where all paid sick leave and other leave entitlements have been exhausted.
Carer’s leave
38.22 Ongoing employees will receive a non-accumulating credit of 5 days carer’s leave on 1 January each year. Part-time employees, and employees who commence with the department during the calendar year, will have access to carer’s leave on a pro rata basis. Non-ongoing employees will be credited with carer’s leave on a pro rata basis based on the length of their contract.
38.23 Managers may grant paid carer’s leave in the following circumstances:
- 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;
- where the employee is unfit for duty due to illness and has used all available sick leave credits;
- to attend the funeral of a close friend or relative not covered by compassionate leave, or
- to attend to other emergencies as considered appropriate by the manager.
Note: the Workplace Relations Act 1996 allows employees to use, as a minimum, 10 days paid personal leave per year for caring purposes. Under this Agreement, an employee who exhausts his/her carer’s leave entitlements may access his/her separate sick leave credit for caring purposes (see clause 38.14).
38.24 An employee will be entitled to the grant of unpaid carer’s leave of up to 2 days on each caring occasion where he/she has exhausted his/her paid personal leave credits, or where the employee has exceeded the limit of paid leave for caring purposes available under this Agreement (see clause 38.14).
38.25 Periods of unpaid carer’s leave will be treated as leave not to count as service.
39. Compassionate leave
39.1 Up to 3 days paid compassionate leave may be granted:
- for the purposes of spending time with a person who is a member of the employee’s immediate family, or household, who is ill or injured to the extent that it poses a serious threat to their life; or
- after the death of a member of the employee’s immediate family or household.
40. Other types of leave
Long service leave
40.1 The entitlement to long service leave is provided for under the Long Service Leave (Commonwealth Employees) Act 1976.
40.2 Eligible employees may access long service leave for a minimum period of 7 calendar days at any one time for recreation purposes.
40.3 An employee who is medically unfit for duty for 1 day or longer while on long service leave and who produces satisfactory medical evidence, may apply for sick leave. Long service leave will be re-credited to the extent of the period of sick leave granted.
Purchased leave
40.4 The Clerk may approve an application from an ongoing employee for the purchase of between one and four additional whole weeks leave per year. Salary payments for the purchased leave are averaged over a maximum period of 12 months.
40.5 The taking of purchased leave is subject to operational requirements. The purchased leave should be taken within 12 months from the date of purchase.
40.6 The Clerk will consider proposals to vary the initial application on a case by case basis.
40.7 Purchased leave will be subject to the same provisions as apply to recreation leave in terms of effect on other entitlements. The salary for superannuation purposes will not be affected by an application for purchased leave.
40.8 A reconciliation, and any necessary adjustments to the salary deductions, will be made following a salary increase, and where the employee leaves the department, takes a period of leave in excess of 6 months, or transfers temporarily to another department.
Maternity leave
40.9 The entitlement to maternity leave is provided for under the Maternity Leave (Commonwealth Employees) Act 1973.
40.10 Employees entitled to paid leave under the Maternity Leave (Commonwealth Employees) Act 1973 will also be entitled to one additional week of paid leave under the terms of this Agreement. This does not extend the total allowable absence under the Act (ie 52 weeks).
40.11 In order to provide more flexible administration of maternity leave, an employee may elect to spread the payment for the mandatory period of absence and the leave provision in clause 40.10 up to a period of 26 weeks at a rate no less than half normal salary. The maximum period of paid leave to count as service will be 13 weeks in total.
Paternity leave
40.12 A male employee who is entitled to unpaid paternity leave under the Workplace Relations Act 1996 will be entitled, under the terms of this Agreement, to 1 week of paid paternity leave on the birth of his child. Periods of unpaid paternity leave will be treated as leave not to count as service.
Adoption leave
40.13 Employees who are entitled to unpaid adoption leave under the Workplace Relations Act 1996 will be entitled, under the terms of this Agreement, to 1 week of paid adoption leave when an adopted child is placed with them. Periods of unpaid adoption leave will be treated as leave not to count as service.
Jury leave
40.14 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.
Discretionary leave
40.15 There will be a single category of discretionary leave with or without pay. The relevant program manager will decide on each application after discussion with the employee as appropriate. The department’s Discretionary Leave Guidelines will apply.
Defence reserve leave
40.16 In accordance with the department’s Discretionary Leave Guidelines, the Clerk may approve the grant of paid and/or unpaid leave to enable an employee to undertake Defence Reserve activities.
War service sick leave
40.17 Employees with Defence Force service prescribed by the Veterans’ Entitlement Act 1986 are eligible for additional sick leave.
40.18 Eligible employees may accrue two separate credits, a non-accumulative credit of 9 weeks on commencement and an annual credit of 3 weeks for each year of service. Unused credits will accumulate subject to a maximum annual credit balance of 9 weeks.
41. Portability of accrued leave entitlements and recognition of prior service
41.1 Employees recruited to the department from another Australian Parliamentary Service or Australian Public Service agency or the Australian Capital Territory Government Service without a break in service will retain their existing recreation leave and sick leave credits, however described. Any existing half pay sick leave credits will be converted to full pay credits.
41.2 Provisions for the recognition of prior service for long service leave purposes are set out in the Long Service Leave (Commonwealth Employees) Act 1976. Employees who wish to have prior service recognised will be required to obtain the necessary documentary evidence of that service from their previous employer(s) and provide it to the department.
41.3 Employees who have a period of prior service recognised in accordance with the Long Service Leave (Commonwealth Employees) Act 1976 may also have the period of service recognised for sick leave, provided that any break in continuous service has not exceeded 2 months.
41.4 Where a period of service is recognised for sick leave purposes and the accrued sick leave credit cannot be determined, accrual will be calculated in accordance with clauses 38.1 to 38.3 for the prior service, less any sick leave taken or paid out in lieu. Where there are no available records of sick leave taken during a period of prior service, a deduction of 5 days per year of recognised service will be made.
41.5 Approval to use these accrued credits of recreation leave, personal leave and long service leave will be governed by the provisions in the relevant sections of this Agreement.
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