|Employer Information > Horse Training Industry Award (1998) - PRE 2010 > Part 7 - Leave of Absence & Public Holidays > Personal Leave|
This clause describes an employee’s (other than a casual employee’s) entitlement to personal leave, that is sick leave, carer’s leave and bereavement leave.
21.1 Amount of paid personal leave
21.1.1 Paid personal leave is available to an employee when they are absent due to
· personal illness or injury (sick leave); or
· for the purposes of caring for an immediate family or household member who is sick and requires the employee’s care and support (carer’s leave); or
· bereavement on the death of an immediate family or household member (bereavement leave).
21.1.2 The amount of personal leave to which an employee is entitled depends on how long the employee has worked for the employer and accrues as follows:
21.2 Accumulation of personal leave
21.2.1 First year of employment
At the end of the first year of employment unused personal leave accrues by the lesser of:
· 40 hours less the amount of sick leave and carer’s leave taken during the year; or
· the balance of that year’s unused personal leave.
21.2.2 Second and subsequent years of employment
At the end of the second and subsequent years of employment, unused personal leave accrues by the lesser of:
· 64 hours less the amount of sick leave and carer’s leave taken; or
21.2.3 Maximum amount of accumulated personal leave
Personal leave may accumulate for a period of 5 years but for no longer from the end of the year in which it accrues.
21.2.4 Accumulated personal leave is leave accumulated under 21.2.1 and 21.2.2 hereof.
21.3 Immediate family or household
21.3.1 The entitlement to use personal leave for the purposes of carer’s or bereavement leave is subject to the person being either:
21.3.1(a) a member of the employee’s immediate family; or
21.3.2 The term immediate family includes:
21.3.2(a) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis; and
21.3.2(b) child or an adult child (including an adopted child, a step child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.
21.4 Sick leave
21.4.1(a) An employee is entitled to use up to three and one-third (3.34) hours ordinary pay for each completed month of service in the first year of service and 64 hours in the second and subsequent years of service.
21.4.1(b) Accumulated personal leave may be used for of sick leave if the current sick leave entitlement is exhausted.
21.4.1(c) If an employee is receiving workers’ compensation payments, the employee is not entitled to sick leave.
21.4.2 Evidence supporting claim
An employee shall prove, if required by the employer, by production of medical certificate or other evidence satisfactory to the employer that the employee was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed.
21.4.3 Employee must give notice
21.4.3(a) An employee shall not be eligible for payment of sick leave unless, where the employee is in a position to do so, the employee takes all reasonable steps to advise the employer of absence from duty as near as possible to but no later than one hour after the normal commencement time.
21.4.3(b) Such advice shall, as far as practicable, state the nature of the injury or illness and the estimated duration of the absence.
21.4.3(c) If it is not practicable to inform the employer within one hour of the normal commencement time, the employee shall inform the employer as soon as practicable thereafter.
21.5 Bereavement leave
21.5.1 Paid leave entitlement
21.5.1(a) Death in
A full-time employee is entitled to use up to 16 hours personal leave as bereavement leave on each occasion, and on production of satisfactory evidence (if required by the employer), on the death in Australia of either a member of the employee’s immediate family or household. In the case of bereavement leave, this includes parents-in-law, grandparents and step-children, as well as de facto spouses but not the wife or husband from whom the employee is separated. Such leave shall commence on the day immediately following such a death.
21.5.1(b) Death outside
A full-time employee is entitled to use up to 16 hours personal leave as bereavement leave on each occasion and on production of satisfactory evidence (if required by the employer) of the death outside Australia of either a member of the employee’s immediately family or household, where the employee travels outside Australia to attend the funeral.
21.5.2 Part-time employees
A part-time employee is entitled to take two days, up to a maximum of 16 hours, bereavement leave on the same basis as prescribed for full-time employees in 21.5.1 hereof except that leave is only available where the part-time employee would normally work on either or both of the two working days following the death.
21.5.3 Unpaid leave
Where an employee has exhausted all personal leave entitlements, including accumulated entitlements, they are entitled to take unpaid bereavement leave. The employer and the employee should agree on the length of the unpaid leave. In the absence of agreement, a full-time employee is entitled to take up to 16 hours unpaid leave, provided the requirements of 21.5.1 hereof are met, and a part-time employee is entitled to take up to two days unpaid leave, to a maximum of 16 hours, provided the requirements of 21.5.2 hereof are met.
An employee is entitled to use up to 40 hours personal leave each year to care for members of the immediate family or household who are sick and require care and support. This entitlement is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take carer’s leave where another person has taken leave to care for the same person.
21.6.2 Notice required
21.6.2(a) When taking carer’s leave the employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of inability to attend for duty. It if is not reasonably possible to inform the employer during the ordinary hours of the first day or shift of such absence, the employee will inform the employer within 24 hours of such absence.
21.6.2(b) The notice must include:
· the name of the person requiring care and support and the relationship to the employee;
· the reasons for taking such leave; and
· the estimated length of absence.
21.6.2(c) The employee must, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that such illness requires care by another.
21.6.3 An employee may take unpaid carer’s leave by agreement with the employer.