AP789529CRV - Metal, Engineering and Associated Industries Award 1998

11. TYPES OF LEAVE AND PUBLIC HOLIDAYS

[Pt II:11.1 varied by PR903178; substituted by PR912331; PR969366 ppc 06Mar06]

11.1 The following provisions of Part I apply to employees covered under Part II:

7.1	Annual Leave (except for 7.1.6(b) - Absence on the Day Following Annual Leave); and except that, despite the terms of 7.1.1(c), casual employees covered under Part II in receipt of the 17.5% loading alternative are not excluded from annual leave entitlements.
7.2	Personal Leave (except for 7.2.3 - Accumulation of personal leave, 7.2.8 -Employee must give notice and 7.2.10 – Single day absences)
7.2A	Bereavement leave
7.3	Jury Service
7.4	Parental Leave
7.5	Public Holidays (except for 7.5.2 - Payment for Time Worked on a Public Holiday and 7.5.3 - Effect on Payment if Absent on Working Day Before or After)

11.2 Deferment of Annual Leave Loading

An employee and employer may agree to defer payment of the annual leave loading in respect of annual leave taken in single days, until at least five consecutive annual leave days are taken.

11.3 Entitlement to Personal Leave

[Pt II:11.3 Entitlement to sick leave title changed and substituted by PR969366 ppc 06Mar06]

An employee (other than a casual) who is absent from duty due to personal injury or sickness or to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency, is entitled to personal leave in accordance with 7.2 of Part I provided that:

11.3.1 Employee must give notice

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 their inability to attend for duty and as far as practicable state the nature of the injury, illness or emergency and the estimated duration of the absence.

If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the employee will inform the employer within 48 hours of the commencement of such absence.

11.3.2 Evidence supporting claim

An employee who is absent for a period in excess of two days, or has already been absent for an aggregate of four days in any year of service, is not entitled to further paid personal leave in that year, without the production of a medical certificate.

An employer may agree to accept a statutory declaration in lieu of the required medical certificate.

Nothing in this subclause limits the employer’s rights under 7.2.9 of Part I.

11.4 Public Holidays

11.4.1 Payment for Time Worked on a Public Holiday

The provisions of clause 7.5.2 of Part I shall apply with the following amendments:

11.4.1(a) A four hour minimum applies in lieu of the three hour minimum in 7.5.2(c)(i).

11.4.1(b) By mutual agreement between the employer and the employee concerned, one day in lieu may be given for each holiday worked and the day worked shall be paid at ordinary rates instead of the rate specified in 7.5.2.

11.4.2 Employees covered by this Part are not entitled to a holiday on any day on which the majority of persons employed in the particular establishment are not entitled to a holiday; provided always that if the majority of the employees in the particular establishment are entitled to a holiday on any day or days other than the days specified in 7.5.1 of Part I, the employees covered by this Part are entitled to a holiday on such day or days.

11.4.3 Transport of Employees on Holidays.

The provisions of clause 6.4.12 of Part I shall apply also to work on Holidays for employees covered by Part II, except for continuous shift workers.