employees will accrue an annual leave credit of 20 days for each full year of
service. Annual leave will accrue and be credited to employees on a daily
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 unreasonably refused.
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 28.5, the employee may seek
approval to “cash out” the excess credit.
may request to use up to 5 days of their accrued annual leave entitlement to
take annual leave at half pay (over a period twice as long as the number of
days of leave deducted) in each 12 month period ending 30 April. 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 pay.
may apply to “cash out” their annual leave credits subject to the following:
cashing out of the leave must not result in the employee’s annual leave balance
after the cashing out being less than four weeks;
separate written agreement is made between the Clerk and the employee for each
period of “cashed out” annual leave; and
employee must be paid at least the full amount that would have been payable to
the employee had the employee taken the leave that the employee has forgone.
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 other source.
leave may be granted by the Clerk in the following circumstances:
an employee is ill or injured and for a related medical or dental appointment;
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;
attend the funeral of a close friend or relative not covered by compassionate
attend to other emergencies as considered appropriate by the Clerk; or
the period of compassionate leave granted to an employee is not sufficient and
the employee requires additional leave.
leave must not be used for the purposes of subclause 29.1(c), (d) and (e) if it
would be detrimental to an employee in any respect, when compared to the NES
under the Fair Work Act 2009.
employees (other than an employee who has unused accrued personal/carer’s
leave, however described, recognised in accordance with clause 32) 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 for each year of service.
employees will accrue personal/carer’s leave at the rate of 18 days for each
year of service from the date of commencement, and will be credited with the
leave on a daily basis.
personal circumstances require, an employee may request to convert full pay
personal/carer’s leave credits to half pay personal/carer’s leave credits to
receive twice the amount of personal/carer’s leave. Where a public holiday
falls within a period of personal/carer’s leave taken at half pay, the employee
will not be taken to be on paid personal/carer’s leave and the rate of pay for
the public holiday will be full pay.
Granting of personal/carer’s leave
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
will be required to provide a medical certificate, or other documentary
evidence, in the following circumstances:
the absence exceeds three consecutive working days; or
a total of five 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;
otherwise the grant of
personal/carer’s leave will be without pay.
Clerk may, as an alternative to the grant of personal/carer’s leave without pay
under subclause 29.7(b), grant the employee flex leave or annual leave.
subclause 29.7(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 absences by
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 Medical Association.
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.
employee will not be entitled to access paid personal/carer’s leave while also
entitled to paid leave under the Maternity Leave (Commonwealth Employees)
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
Extended periods of personal/carer’s leave
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.
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 exhausted.
Unpaid carer’s leave
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.
sessional or casual employee will be entitled to the grant of unpaid carer’s
leave in accordance with the Fair Work Act 2009.
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.
employee is entitled to three days’ paid compassionate leave for each occasion
when a member of the employee’s immediate family, or household:
or develops a personal illness that poses a serious threat to his or her life;
a personal injury that poses a serious threat to his or her life; or
sessional or casual employee will be entitled to three days’ unpaid
compassionate leave in the circumstances outlined in clause 30.1.
of unpaid compassionate leave granted to a sessional or casual employee will be
treated as leave not to count as service for any purpose.
types of leave
Long service leave
entitlement to long service leave is provided for by the Long Service Leave
(Commonwealth Employees) Act 1976.
service leave will only be granted in blocks of at least seven calendar days at
full pay, or at least 14 calendar days at half-pay, per occasion. It is not to
be broken by other forms of leave unless required by legislation.
Clerk may approve an application from an ongoing employee for the purchase of up
to a maximum of two weeks of purchased leave per 12 month period ending 30
April. Salary payments for the purchased leave are averaged over a maximum
period of 12 months.
for superannuation purposes will not be affected by an application for
entitlement to maternity leave is provided for under the Maternity Leave
(Commonwealth Employees) Act 1973.
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 leave does not extend the total allowable absence
under the Act (i.e. 52 weeks).
employee who has an entitlement to paid leave under the Maternity Leave
(Commonwealth Employees) Act 1973 and clause 31.6 may elect to have the
payment for that leave spread over a maximum period of 28 weeks at a rate no
less than half of the normal salary. When payment is spread over a greater
period, a maximum of 14 weeks will count as service.
Parental leave – birth of a child – supporting
employee who is entitled to unpaid parental leave under the Fair Work Act
2009 associated with the birth of a child of the employee’s spouse or
partner, and who is not entitled to paid maternity or adoption leave, 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 service.
Parental leave – adoption of a child
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
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 allowance.
Community service leave –
voluntary emergency management activity
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
Clerk may grant an employee paid leave for one day per calendar year to enable
participation in National Aboriginal and Islanders Day Observance Committee
Clerk may grant discretionary leave with or without pay as set out in the
relevant departmental guidelines.
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 that year.
Defence Reserve leave
members of the Defence Force Reserves may be granted leave with pay for up to
10 working days to attend recruit/initial employment training.
(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 year.
further leave for training and deployment is required, leave without pay may be
granted as set out in the relevant departmental guidelines.
Leave for full-time defence service
employee may be granted leave to enable him or her to perform full-time defence
service. Leave may be granted as set out in the relevant departmental
War service sick leave
with Defence Force service prescribed by relevant legislation are eligible for
a credit of additional sick leave as follows:
special one-off credit of nine weeks on commencement; and
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.
additional leave may be granted when an eligible employee is unfit for duty
because of a medical condition accepted by the Department of Veterans’ Affairs
to be war-caused or defence-caused within the meaning of the relevant
leave substitution arrangements
during a period of annual or long service leave, an employee would otherwise be
entitled to another form of leave, the Clerk may grant that other leave if
satisfactory evidence is provided to support the employee’s entitlement to the
other form of leave. Annual or long service leave will be re-credited to the
extent that any other leave is granted.
of accrued leave entitlements and recognition of prior service
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) may be recognised, provided there is no break in continuity
an employee is engaged as either an ongoing or non-ongoing 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) may be recognised.
a person is engaged as an ongoing employee, and immediately prior to the
engagement the person was employed as a non-ongoing 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.
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