AP824076 - Australian Government Employment – Conditions and Salaries Award 2003
Paid personal/carer’s leave will be available for absence due to personal illness or injury (sick leave); where an employee is required to care for an immediate family or household member who is sick (carer’s leave); or for bereavement on the death of an employee’s immediate family or household member (bereavement leave).
20.1.1 Immediate family or household member
The entitlement to use bereavement leave and carer's leave under this clause is subject to the person in respect of whom the leave is being taken being either:
20.1.1(a) a member of the employee's immediate family; or
20.1.1(b) a member of the employee's household.
20.1.2 The term 'immediate family' includes:
20.1.2(a) a spouse, and a former spouse, of the employee; and
20.1.2(b) a 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.
20.2.1 Aggregation
For the purposes of personal/carer’s leave, full pay sick leave and bereavement leave entitlements will be aggregated per annum as follows:
full pay sick leave ten days
bereavement leave three days
20.2.2 Part-time employees
For the purposes of this subclause, a part-time employee’s personal/carer's leave entitlement of thirteen days will be converted to hours and minutes, based on the employee’s prescribed weekly hours of duty under 16.9.1 as of the day of accrual multiplied by 2.6 weeks.
20.2.2(a) Credits will be maintained in hours and minutes and subsequent accruals converted accordingly.
20.2.2(b) One full day’s absence will be counted as one day of any day’s paid leave allowed under this clause.
An employee is entitled to the following amount of sick leave for absence due to personal illness:
20.3.1(a) up to ten days full pay and ten days at half pay sick leave on appointment and on completion of each twelve month period of service.
20.3.1(b) An employee in receipt of compensation for more than 45 weeks will accrue sick leave on the basis of hours actually worked.
20.3.1(c) Sick leave credits will be cumulative.
20.3.2 Effect of leave without pay
Absences which do not count for service totalling more than 30 calendar days defer the next accrual by one day for each day’s absence.
20.3.3 Grant
When an employee is medically unfit for duty, leave of absence with pay may be granted subject to available credits on production of satisfactory medical evidence.
20.3.3(a) An employee may be granted sick leave with pay subject to available credits, without production of a medical certificate, to the extent of five days in any sick leave year. No more than three consecutive days may be taken without a medical certificate.
20.3.3(b) Where practicable, the employee must give notice prior to the absence of the intention to take leave, or otherwise notify of such absence at the first opportunity on the day of absence.
20.3.4 Conversion to full pay
The CEO may allow employees with long service to convert half pay sick leave credits to full pay sick leave credits, other than for short absences.
20.3.5 Additional half pay sick leave
The CEO may allow employees with long service a grant of additional leave on half pay where leave on pay is exhausted.
20.3.6 Anticipation of sick leave
The CEO may allow an employee engaged as a continuing employee, in the first ten years of service, when an employee is medically unfit for duty, to anticipate one year’s sick leave accrual where full pay credits are exhausted.
Sick leave without pay may be granted by the CEO where paid sick leave credits are exhausted. In exceptional circumstances and at the employee's request, an employee may be granted sick leave without pay while paid sick leave credits remain.
The maximum continuous period of sick leave will be 78 weeks, of which no more than 52 weeks may be paid sick leave.
20.3.8(a) Leave of absence due to illness beyond 78 weeks will be treated as if the employee has been granted additional sick leave without pay, subject to the production of satisfactory medical evidence. A period of leave taken under this sub-paragraph does not count as service for any purpose.
20.3.9 Invalidity
An employee will not, without the employee’s consent, be retired on invalidity grounds before the employee’s full pay sick leave credit has expired, subject to the provisions of 20.3.8 – Maximum.
20.3.10 Sick on annual leave
An employee who is medically unfit for duty for one day or longer while on annual leave and who produces satisfactory medical evidence, may apply for sick leave. Annual leave will be re-credited to the extent of the period of sick leave granted.
20.3.11 Maternity Leave
An employee will not be entitled to paid sick leave while also entitled to paid maternity leave under the relevant Commonwealth legislation.
20.4.1 Grant
An employee with responsibilities in relation to members of either their immediate family or household is entitled to use up to a maximum of five days per annum of their aggregated personal/carer's leave entitlement to provide care and support for such persons when they are ill. Leave may be taken for part of a single day.
20.4.1(a) If required, the employee must produce evidence as to the illness of the person concerned and that the illness is such as to require care by another.
20.4.1(b) Where practicable, the employee must give notice prior to the absence of the intention to take leave, or otherwise notify of such absence at the first opportunity on the day of absence.
20.4.1(c) Half pay sick leave will not be available for carer’s leave purposes provided for under this clause.
An employee may elect to take unpaid leave for the purpose of providing care to a family or household member who is ill.
20.4.2(a) Unpaid leave taken under subclause 20.4.2 does not count as service for any purpose.
20.5.1 Entitlement: An employee is entitled to three days paid leave on each occasion of the death of a member of the employee's immediate family or household or, subject to the discretion of the CEO, on the occasion of the death of a partner, foster parent, step parent, guardian or foster child of the employee.
20.5.1(a) Proof of death must be provided if requested.
20.5.2 Deduction
Each day or part of a day used under paragraph 20.5.1 of this clause is deducted from the amount of personal/carer’s leave under subclause 20.2.
20.5.3 Non-cumulative
The bereavement leave component of the aggregated personal/carer’s leave is non-cumulative.
20.5.4 Use of full pay sick leave
An employee is entitled to use accumulated full pay sick leave as paid bereavement leave up to three days on each occasion of the death of a member of the employee's immediate family or household, or as provided under 20.5.1 if the employee has already used the current year's bereavement leave entitlement under 20.5.1.
An employee is entitled to use unpaid leave up to three days of absence on each occasion of the death of a member of the employee's immediate family or household, or as provided under 20.5.1, if the employee has already used the current year's bereavement leave entitlement under 20.5.1 and no accumulated full pay sick leave is available.
20.5.5(a) Unpaid leave taken under 20.5.5 counts as service for all purposes.
Temporary employees will be granted personal/carer's leave with pay on the following basis during the first year of continuous service, in lieu of the provisions of subclauses 20.1 to 20.5
20.6.1(a) Employees who are returned soldiers:
after completion of 22 days' service, four days will accrue, with a further one day accruing for each 22 days service in respect of which no personal/carer’s leave with pay has previously been granted;
20.6.1(a)(i) provided that the period of paid sick leave for personal injury or illness will not exceed ten days;
20.6.1(a)(ii) provided that the period of personal/carer's leave with pay which may be granted under this paragraph will not exceed thirteen days; and
20.6.1(a)(iii) up to five days of the personal/carer's leave granted may be used for carer's leave purposes.
20.6.1(b) Other employees
after completion of 44 days service, five days will accrue, with a further one day accruing for each 22 days service in respect of which no personal/carer's leave with pay has been previously granted;
20.6.1(b)(i) provided that the period of paid sick leave for personal injury or illness will not exceed five days;
20.6.1(b)(ii) provided that the period of personal/carer's leave with pay which may be granted under this paragraph will not exceed eight days; and
20.6.1(b)(iii) up to five days of the personal/carer's leave granted may be used for carer's leave purposes.
20.6.1(c) An employee who has not yet accrued personal/carer’s leave under subclause 20.2 remains entitled to paid bereavement leave under 20.5 without deduction from credit. After the qualifying period the provisions of subclause 20.6.1 will apply.
20.6.1(d) In addition to sick leave which may be granted under 20.6.1, all employees may, during the first twelve months of continuous service, be granted sick leave without pay for a total of no more than twenty days, in lieu of the provisions of subclause 20.3.8 (Sick leave maximum).
20.6.1(e) Credits after twelve months service
Employees will be granted personal/carer's leave with pay on the following basis on completion of twelve months continuous service, in lieu of the provisions of 20.1, 20.3.1 and 20.5.1.
20.6.1(e)(i) a personal/carer's leave credit of 23 days on full pay, less any personal/carer's leave with pay granted 20.6.1; and twenty days half pay sick leave credit for absences due to personal illness or injury. Half pay sick leave is not available for carer's leave or bereavement leave purposes as provided for under this award;
20.6.1(e)(ii) up to five days of the personal/carer's leave granted may be used for carer's leave purposes;
20.6.1(e)(iii) up to twenty days less any personal/carer's leave with pay granted under 20.6.1, is available as full pay sick leave for absences due to personal illness or injury. Leave taken under this paragraph is deducted from the amount of personal/carer's leave accrued under this paragraph; and
20.6.1(e)(iv) the full pay sick leave entitlements which are untaken at the completion of the second year of continuous service will accumulate. The amount to accumulate will not exceed twenty days less any personal/carer's leave taken since commencement.
20.6.1(f) Subsequent credits
Personal/carer's leave in subsequent years will be accessed under subclauses 20.1 to 20.5 of this award.
20.6.1(g) Continuous service
For the purpose of 20.6.1(e), service will be deemed to be continuous where in a period of fourteen months, there is employment for not less than twelve months and any breaks in employment have been due to the requirements of the employer.
20.6.1(h) Ineligible to anticipate
Temporary employees will not be entitled to anticipate personal/carer's leave.
