34. Annual leave
34.1 Employees (other than casual employees) will accrue an annual leave credit of 20 days (4 weeks) for each full year of service. Annual leave will accrue and be credited to employees on a daily basis. Annual leave for part-time employees accrues on a pro-rata basis.
34.2 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 unreasonably refused.
34.3 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 Clerk 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 Clerk and the employee. The employee should be given minimum notice of the direction of one month. Alternatively, and subject to clause 34.5, the employee may seek approval to “cash out” the excess credit.
34.4 Employees may request to take their accrued annual leave entitlement at half pay over a period twice as long as the number of days of leave deducted. However, unless approved by the Clerk, annual leave may not be taken at half pay where the employee has an excess leave balance.
34.5 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.
34.6 Employees may apply to “cash out” their annual leave credits subject to the following:
- 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;
- the employee must have taken at least two weeks of annual leave or long service leave (or an equivalent pro rata amount for part-time) in the 12 months preceding the request to cash out leave;
- a separate written agreement is made between the Clerk and the employee for each period of “cashed out” annual leave; and
- the 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.
34.7 Where an employee’s approved annual leave is cancelled without reasonable notice, or an employee is recalled to duty from leave, they will be entitled to be reimbursed reasonable travel costs and incidental expenses not otherwise recoverable under any insurance or from any other source.
35. Purchased leave
35.1 The 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. Salary payments for the purchased leave are averaged over a maximum period of 12 months.
35.2 Salary for superannuation purposes will not be affected by an application for purchased leave.
36. Personal/carer’s leave
36.1 Employees will be entitled to 18 days personal/carer's leave for each full year of service. Personal/carer’s leave for part-time employees accrues on a pro-rata basis.
36.2 Ongoing employees (other than an employee who has unused accrued personal/carer’s leave, however described, recognised in accordance with clause 38) 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.
36.3 For non-ongoing employees, personal/carer’s leave will be credited as follows:
- Where a non-ongoing employee does not have a personal/carer’s leave credit upon their commencement with the department (including under clause 37), they will be provided a credit equivalent to the lesser of:
- the entitlement for one full year of service; or
- a pro-rata entitlement for the period of service of their non-ongoing engagement if the non-ongoing engagement is less than 12 months.
- A non-ongoing employee will accrue personal/carer’s leave daily, if the employee has not received a credit under clause 36.3(a), or after the shorter of:
- 12 months from the employee has received a credit under clause 36.3(a)(i); or
- the employee’s initial non-ongoing engagement has ended.
36.4 Personal/carer’s leave may be granted by the Clerk in the following circumstances:
- due to personal illness or injury;
- to attend appointments with a registered health practitioner;
- to manage a chronic condition;
- to provide care or support for a family or household member or a person they have caring responsibilities for, because:
- of a personal illness or injury affecting the other person; or
- of an unexpected emergency affecting the other person;
- to attend the funeral of a close friend or relative not covered by compassionate leave; or
- where the period of compassionate leave granted to an employee is not sufficient and the employee requires additional leave.
36.5 A person that an employee has caring responsibilities for may include a person who needs care because they:
- have a medical condition, including when they are in hospital;
- have a mental illness;
- have a disability;
- are frail or aged; or
- are a child, not limited to a child of the employee.
36.6 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 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
36.7 The granting 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.
36.8 Employees will be required to provide documentary evidence in the following circumstances:
- where the absence exceeds three consecutive working days; or
- where a total of eight days personal/carer’s leave not supported by documentary evidence has been taken in the calendar year;
otherwise the grant of personal/carer’s leave will be without pay.
36.9 The Clerk may, as an alternative to the grant of personal/carer’s leave without pay under subclause 36.8(b), grant the employee flex leave or annual leave.
36.10 Notwithstanding subclause 36.8(b), a manager may require an employee to provide documentary evidence, for future personal/carer’s leave absences where there is a pattern of regular or significant absences by the employee.
36.11 Where an employee has exhausted their 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.
36.12 An employee will not be entitled to access paid personal/carer’s leave while also entitled to paid leave under the ML Act.
36.13 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.
Evidence
36.14 Acceptable evidence includes:
- a certificate from a registered health practitioner
- a statutory declaration; or
- another form of evidence approved by the Clerk.
36.15 A certificate from a registered health practitioner may be used as evidence of a chronic condition for up to 12 months for both personal and carer’s leave.
Extended periods of personal/carer’s leave
36.16 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.
36.17 The Clerk may, where such a grant is justified, allow an employee with a significant period of service with the Commonwealth a grant of additional personal/carer’s leave with pay where all paid personal/carer’s leave and other leave entitlements have been exhausted.
Unpaid carer’s leave
36.18 An employee who has exhausted their paid personal/carer’s leave credits, is entitled to two days’ unpaid carer’s leave on each caring occasion.
36.19 A casual employee may be absent without pay when not fit for work due to personal illness or injury. A casual employee may access two days unpaid carer’s leave per occasion, consistent with the NES.
36.20 Periods of unpaid carer’s leave granted to a casual employee will be treated as leave not to count as service.
37. Portability of Leave
37.1 Where an employee moves into the department from another Parliamentary Service or Australian Public Service agency where they were an ongoing Parliamentary Service or Australian Public Service employee, the employee’s unused accrued annual leave and personal/carer’s leave will be transferred, provided there is no break in continuity of service.
37.2 Where an employee is engaged in the department immediately following a period of ongoing employment in the ACT Government Service, the employee’s unused accrued annual leave and personal/carer’s leave will be recognised unless the employee received payment in lieu of those entitlements on cessation of employment.
37.3 Where a person is engaged as an ongoing employee in the department, and immediately prior to the engagement the person was employed as a non-ongoing Parliamentary Service or Australian Public Service employee (whether in the department or another), at the employee’s request, any unused, accrued annual leave (excluding accrued leave paid out on separation) and personal/carer’s leave will be recognised.
37.4 Where an employee is engaged as a non-ongoing Parliamentary Service or Australian Public Service employee, and immediately prior to the engagement the person was employed as a non-ongoing Parliamentary Service or Australian Public Service employee (whether in the department or another) at the employee’s request, any unused accrued annual leave (excluding accrued leave paid out on termination of employment) and personal/carer’s leave will be recognised.
37.5 Where an employee is engaged as an ongoing employee in the department, and immediately prior to the engagement the person was employed by a Commonwealth Government entity (other than in the Australian Public Service which are covered in clause 37.1), the Clerk will recognise any unused, accrued personal/carer’s leave at the employee’s request.
37.6 Where an employee is engaged as an ongoing employee in the department, and immediately prior to the engagement the person was employed by a State or Territory Government, the Clerk may recognise any unused accrued personal/carer’s leave, on engagement, provided there is not a break in continuity of service.
37.7 For the purposes of this provision, an employee with a break in service of less than two months is considered to have continuity of service.
38. Re-crediting of Leave
38.1 Where an employee is on:
- annual leave;
- purchased leave;
- defence reservist leave;
- First Nations ceremonial leave;
- NAIDOC leave;
- cultural leave; or
- long service leave; and
becomes eligible for under legislation or this agreement:
- personal/carer’s leave;
- compassionate or bereavement leave;
- jury duty;
- emergency services leave;
- leave to attend to family and domestic violence circumstances; or
- parental leave, premature birth leave, stillbirth leave or pregnancy loss leave;
the affected period of leave will be re-credited.
38.2 When an employee is on personal/carer’s leave and becomes eligible for parental leave, premature birth leave, stillbirth leave or pregnancy loss leave, the affected period of leave will be re-credited.
38.3 Re-crediting is subject to appropriate evidence of eligibility for the substituted leave.
39. Long Service Leave
39.1 An employee is eligible for long service leave in accordance with the Long Service Leave (Commonwealth Employees) Act 1976.
39.2 The minimum period for which long service leave will be granted is seven calendar days (whether taken at full or half pay). Long service leave cannot be broken with other periods of leave, except as otherwise provided by legislation or provided for in the re-crediting of leave clause at clause 38 of this agreement.
40. Miscellaneous leave
40.1 The Clerk may grant miscellaneous leave with or without pay as set out in departmental guidelines.
40.2 Where an employee is granted in excess of 30 days’ miscellaneous 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 miscellaneous leave without pay taken in that year.
41. Cultural, ceremonial and NAIDOC leave
NAIDOC leave
41.1 First Nations employees may access up to one day of paid leave per calendar year to participate in NAIDOC week activities.
41.2 NAIDOC leave can be taken in part days.
First Nations ceremonial leave
41.3 First Nations employees may access up to six days of paid leave over two calendar years to participate in significant activities associated with their culture or to fulfil ceremonial obligations.
41.4 The Clerk may approve additional leave for cultural or ceremonial purposes as miscellaneous leave, with or without pay.
41.5 First Nations ceremonial leave can be taken as part days.
41.6 First Nations ceremonial leave is in addition to compassionate and bereavement leave.
Cultural leave
41.7 The Clerk may grant up to three days of paid leave per calendar year for the purpose of attending significant religious or cultural obligations associated with the employees’ particular faith or culture.
41.8 The Clerk may approve additional leave for cultural purposes as miscellaneous leave, with or without pay.
41.9 Cultural leave can be taken as part days.
41.10 For the avoidance of doubt, this leave does not cover cultural purposes or obligations which are eligible for paid leave under clauses 41.3 to 41.6.
42. Parental leave
42.1 A primary caregiver, secondary caregiver and ML Act is defined in clause 4 of this agreement.
42.2 An employee who is a primary caregiver or secondary caregiver is entitled to parental leave up until 24 months from the date of the child’s birth or placement (parental leave period). For the avoidance of doubt, this is inclusive of all legislated leave entitlements. The parental leave period does not extend non-ongoing employment where the employment period remaining is less than 24 months. An employee is only eligible for parental leave with pay as either a primary caregiver or a secondary caregiver for the particular parental leave period, and cannot switch roles for the purpose of accessing additional paid leave.
42.3 For the pregnant employee, the parental leave period starts on commencement of maternity leave as per ML Act requirements, and ceases 24 months from the date of birth. Medical certification requirements for the pregnant employee will be as required by the ML Act.
42.4 Conditions in this agreement will continue to apply in circumstances where successor legislation to the ML Act does not provide parental leave conditions included in this agreement.
Payment during parental leave
42.5 An employee is entitled to parental leave with pay as per clauses 42.7 and 42.8 within the parental leave period. Any further parental leave during the parental leave period is without pay. Unused paid parental leave remaining at the end of the employee’s parental leave period will lapse. An employee may choose to use their accrued paid leave entitlements in accordance with usage and eligibility requirements in this agreement during the parental leave period that would otherwise be without pay.
42.6 Employees newly engaged or who have moved to the department from another Parliamentary Service or Australian Public Service department are eligible for the paid parental leave clause in clauses 42.7 and 42.8 where such paid leave had not already been provided by another Parliamentary Service, Australian Public Service or Commonwealth employer in the 24 months since the child’s date of birth or placement. If the paid leave used by the employee with the previous Commonwealth, Parliamentary Service or Australian Public Service employer is less than the limits specified in clauses 43.7 and 43.8, the balance is available to the employee.
42.7 An employee who is a primary caregiver is entitled to parental leave with pay during the parental leave period to a maximum of 18 weeks as provided in Table 1 below.
42.8 An employee who is a secondary caregiver is entitled to parental leave with pay during the parental leave period as provided in Table 2 below.
Flexibility
42.9 Parental Leave with pay, whether provided as maternity leave under the ML Act or under this agreement, can be accessed flexibly during the parental leave period and does not have to be taken in a single block. For the avoidance of doubt, parental leave can be used to replicate a part-time work arrangement, and can be taken concurrently with another parent in relation to the same child.
Rate of payment
42.10 The rate of payment during paid parental leave is the same as for an absence on personal/carer’s leave and based on the employee’s weekly hours at the time of the absence.
Half-pay option
42.11 The payment of any paid parental leave may be spread over a maximum period of 36 weeks at the rate of, no less than, half the normal rate of salary. All paid parental leave counts as service for all purposes, where permitted by legislation.
Adoption and long-term foster care
42.12 An employee who is a primary caregiver or secondary caregiver is entitled to parental leave in accordance with this agreement for adoption or long-term foster care, provided that the child:
- is under 16 as at the day (or expected day) of placement;
- has not lived continuously with the employee for a period of six months or more as at the day (or expected day) of placement; and
- is not (otherwise than because of the adoption) a child of the employee or the employee’s spouse or de facto partner.
42.13 Documentary evidence of approval for adoption or enduring parental responsibilities under formal fostering arrangements must be submitted when applying for parental leave for adoption or long-term foster carer purposes.
Stillbirth
42.14 Parents of a stillborn child remain eligible for parental leave, except for paid leave for the secondary caregiver which is two weeks.
42.15 A stillborn child is a child:
- who weighs at least 400g at delivery or whose period of gestation was 20 weeks or more; and
- who has not breathed since delivery; and
- whose heart has not beaten since delivery.
Pregnancy loss leave
42.16 A pregnant employee who experiences, or an employee whose partner experiences, pregnancy loss is entitled to one week paid leave. Pregnancy loss is a miscarriage or other loss of pregnancy that occurs between 12 and 20 weeks’ gestation that is not a stillbirth.
42.17 Pregnancy loss leave is in addition to entitlements to compassionate leave for miscarriage provided under the FW Act and this agreement.
Premature birth leave
42.18 In circumstances of a live birth before 37 weeks’ gestation a pregnant employee, or an employee whose partner has given birth prematurely, is entitled to paid premature birth leave from the date of the child’s birth up to just before 37 weeks’ gestation. Parental leave with pay is then available from what would have been 37 weeks’ gestation in accordance with Parental leave in this agreement, noting the parental leave period commences on the child’s date of birth.
Transitional provisions
42.19 Employees eligible for paid leave under the ML Act are required under legislation to use their paid maternity leave first. In this circumstance, the employee may postpone their paid premature birth leave otherwise payable under clause 42.18 until after the legislated paid maternity leave is used.
43. Compassionate and Bereavement Leave
Compassionate leave
43.1 Employees will be eligible for three days paid compassionate leave on each occasion when a member of their family (including a member of their household), or someone they have a close personal relationship with, contracts, develops or sustains a life-threatening illness or injury.
43.2 An employee may be asked to provide evidence to support their absences on compassionate leave.
43.3 Compassionate leave for an occasion may be taken as three consecutive days or in separate periods totalling three days. This can include part days.
43.4 For casual employees, compassionate leave is unpaid.
Bereavement leave
43.5 Employees will be eligible for three days paid bereavement leave on each occasion when:
- a member of their family (including a member of their household), or someone they had a close personal relationship with, dies;
- a child is stillborn, where the child was a member of their family (including a member of their household); or
- the employee or their spouse/partner has a miscarriage.
43.6 An employee may be asked to provide evidence to support their absences on bereavement leave.
43.7 Bereavement leave for an occasion may be taken as three consecutive days or in separate periods totalling three days. This can include part days.
43.8 For casual employees, bereavement leave is unpaid.
44. Emergency Response Leave
44.1 In line with section 108 of the FW Act, an employee who engages in an eligible community service activity is entitled to emergency response leave to volunteer for emergency management duties for:
- the time engaged in the activity;
- reasonable travelling time; and
- reasonable recovery time.
44.2 Full-time and part-time employees will be able to access 20 working days of paid emergency response leave per year if required. The Clerk may provide additional emergency response leave with pay.
- For the purposes of this clause, full rate of pay is to be as if the employee was at work.
44.3 Paid leave may be refused where the employee’s role is essential to the department’s response to the emergency.
44.4 An employee must provide evidence that the organisation requests their services. Employees can provide evidence before or as soon as practical after their emergency service activity.
44.5 The Clerk may approve reasonable paid or unpaid leave for ceremonial duties and training.
44.6 Emergency response leave, with or without pay, will count as service.
45. Jury Duty
45.1 Employees who are required by a court to attend either for jury selection, or to act as a juror, will be released from duty for the required period, without the need to apply for leave.
- In accordance with Regulation 10 of the Jury Exemption Regulations 2019, certain roles within the department are exempt from jury service.
45.2 Full-time and part-time employees will be released from duty on full rate of pay. Payment for casuals will be as per the relevant State or Territory legislation.
- For the purposes of this clause, full rate of pay is to be as if the employee was at work.
45.3 The employee is required to inform their manager before they are released from duty and provide evidence of the need to attend.
45.4 If the employee receives a payment from the court for attendance (which are not expense related such as allowances and reimbursements), they must repay that amount to the department for the period of absence. This will be administered in accordance with clause 16.
46. Defence Reservist Leave
46.1 The Clerk will give an employee leave with or without pay to undertake:
- Australian Defence Force (ADF) Reserve continuous full-time service (CFTS); and
- Australian Defence Force Cadet obligations.
46.2 An employee who is a Defence Reservist can take leave with pay for:
- up to four weeks (20 days) in each financial year (pro-rata for part-time employees); and
- an extra two weeks (10 days) in the first year of ADF Reserve service (pro-rata for part-time employees).
46.3 Leave can be built up and taken over two consecutive years. This includes the extra two weeks in the first year of service.
46.4 An employee who is an Australian Defence Force Cadet officer or instructor can get paid leave up to three weeks in each financial year to perform their duties.
46.5 In addition to the entitlement at clause 46.2, paid leave may be granted to an employee to attend an interview or medical examination in connection with the enlistment of the employee in a Reserve Force of the Defence Force.
46.6 Paid defence reservist leave counts for service.
46.7 Unpaid defence reservist leave for six months or less counts as service for all purposes. This includes periods of CFTS.
46.8 Unpaid leave taken over six months counts as service, except for annual leave.
46.9 An employee will not need to pay their tax free ADF Reserve salary to their department for any reason.
47. Defence Service Sick Leave
47.1 An employee is eligible for defence service sick leave credits when the Department of Veterans Affairs (DVA) has certified that an employee’s medical condition is as a result of either:
- war like service; or
- non-war like service.
47.2 An eligible employee can get two types of credits:
- an initial credit of nine weeks (45 days) defence service sick leave (pro-rata for part-time employees) will apply as at the following dates, whichever is later:
- they start employment with the Parliamentary Service or Australian Public Service; or
- DVA certifies the condition; and
- an annual credit of three weeks (15 days) defence service sick leave (pro-rata for part-time employees).
47.3 An employee can use their defence service sick leave when a recognised medical practitioner provides a certificate that says they were away due to their DVA certified medical condition.
47.4 Unused annual credits can be built up to nine weeks.
47.5 An employee cannot use annual credits until the initial credit is exhausted.
47.6 Defence service sick leave is paid and counts as service for all purposes.
48. Leave to attend proceedings
48.1 An employee giving evidence before a Court, Tribunal or Royal Commission on behalf of the Commonwealth or a Commonwealth party in the course of their duties, will be considered on duty.
48.2 An employee who is not covered under clause 48.1, and is required to give evidence to, appear before or attend to instruct a representative at a Court, Tribunal or Royal Commission in relation to their duties will be released from duty without loss of pay. This includes in proceedings relating to a dispute between the employee and the department.
48.3 An employee may otherwise be granted paid or unpaid miscellaneous leave by the Clerk if required to give evidence to a Court, Tribunal or Royal Commission for any other reason. Where approval for unpaid leave is given, the employee may elect to use accrued annual leave, flex leave or TOIL.
48.4 The Clerk may refuse to release an employee from duty having regard to business requirements and whether the employee’s attendance is necessary for the Court, Tribunal or Royal Commission hearing.