Human Resources

Part C - Employment Conditions - Leave Provisions

35.   Personal Leave – (Sick and Carer’s)

35.1   For the purposes of this Clause, the following are members of an employee’s immediate family:

35.1.1   A spouse (including a former spouse, a defacto, a former defacto and current or former same sex partner);

35.1.2   A child or adult child (including an adopted child, a step child or an ex nuptial child);

35.1.3   A parent, parent in law, foster parent, grandparent, grandchild or sibling of the employee;

35.1.4   A child or adult child (including an adopted child, a step child or an ex nuptial child) of the spouse;

35.1.5   A parent, parent in law, foster parent, grandparent, grandchild or sibling of the spouse; and

35.1.6   A person who lives with the employee in the same household or whose care is the employee’s responsibility and recognising a wide range of relationships and structures which may include one or more of the following: extended family, friendship and dependency.

35.2   An employee, excluding a casual employee, is entitled to 12.5 days (93.75 hours) of paid Personal Leave per year.

35.3   Personal Leave will be credited to a full-time employee on the following basis:

Leave on Full Pay
On date of appointment 46.87 hours
On completion of 6months' service 46.88 hours
On completion of 12 months' service 93.75
On completion of each additional 12 months' service 93.75

35.4   An employee employed on a short-term contract for a period less than 12 months shall be eligible for pro-rata leave in accordance with this Clause.

35.5   A part-time employee will be credited Personal Leave on a pro-rata basis according to their FTE.

35.6   An employee may take paid Personal Leave:

35.6.1   Due to a personal illness or injury; or

35.6.2   To provide care or support to a member of the employee’s immediate family, or a member of the employee’s household who requires care or support because of:

(a)   A personal illness or injury; or

(b)   An unexpected emergency.

35.7   A casual employee is entitled to unpaid Personal Leave for the reasons set out in subclause 35.19.

35.8   If the period during which an employee takes paid Personal Leave includes a day that is a University holiday, the employee is taken not to be on paid Personal Leave on that day.

35.9   An employee must inform their supervisor, or arrange for their supervisor to be informed, as soon as practicable, if the employee needs to be absent from work for the reasons set out in subclause 35.6.

35.10   Where 3 or more consecutive working days are involved, the leave application must be supported by a certificate from a registered health practitioner.

35.11   An employee who is unable to resume duty at the end of an approved period of leave must apply for a subsequent period of leave which is to be supported by a certificate from a registered health practitioner.

35.12   Where the Head has reasonable grounds to doubt the reasons for an employee’s absences under this Clause, they shall notify the Director of Human Resources. The Director, Human Resources may require the employee to provide medical certificates for all future absences for a reasonable period of time, not exceeding 12 months. The period may be reviewed by the Director, Human Resources at the request of the employee.

35.13   The Director of Human Resources may direct an employee to attend a registered health practitioner, or send a registered health practitioner to attend on and examine the employee where:

35.13.1   The Head or Supervisor has reasonable doubt that the employee is absent due to illness; or

35.13.2   There is reason to doubt the fitness of the employee to be in the workplace either in relation to the safety and/or wellbeing of themselves and/or others in the workplace.

All costs associated with the University directing an employee to a registered health practitioner will be met by the University.

35.14   An employee on Personal Leave due to personal illness or injury may be required to provide certification from a relevant registered health practitioner that they are fit to resume work.

35.15   Where an employee suffers a personal illness during a period of Annual Leave or Long Service Leave and provides a certificate from a registered health practitioner on their return from this period of leave, the employee will be credited with additional Annual Leave or Long Service Leave, whichever is applicable for the period they were certified as ill.

35.16   If an employee who has been retired on medical grounds subsequently resumes duty, the employee's Personal Leave credits at the date of the employee's retirement will be reinstated.

35.17   If an employee resigns and is subsequently reappointed by the University, the employee is regarded as a new appointee from the date of reappointment for the purposes of this Clause. Where the employee is reappointed within 8 weeks of their resignation, the employee retains any existing Personal Leave entitlement under this Clause.

35.18   An employee who is absent on Leave Without Pay will not be eligible for Personal Leave during the period of Leave Without Pay.

35.19   Unpaid leave

35.19.1   An employee is entitled to 2 days of unpaid carer’s leave for each permissible occasion when a member of the employee’s immediate family, or a member of the employee’s household, requires care or support:

(a)   Due to a personal illness or injury; or

(b)   To provide care or support to a member of the employee’s immediate family or a member of the employee’s household who requires care or support because of:

i)   A personal illness or injury of the member; or

ii)   An unexpected emergency affecting the member.

35.19.2   An employee may take unpaid carer’s leave for a particular permissible occasion as:

(a)   A single continuous period of up to 2 days; or

(b)   Any separate periods to which the employee and the Head agree.

35.19.3   An employee cannot take unpaid carer’s leave during a particular period if the employee has access to paid personal leave.

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36.   Annual Leave

36.1   A full-time employee is entitled to 4 weeks (150 hours) paid annual leave for each completed year of service with the University, credited on a cumulative and pro-rata basis of 5.77 hours per completed fortnight of service.

36.2   A part-time employee is entitled on a pro-rata basis to the same paid leave entitlements as a full-time employee.

36.3   A casual employee is not eligible for annual leave.

36.4   An employee who accrues an entitlement to annual leave may apply to take all or part of that leave. Paid annual leave may be taken for a period agreed between an employee and his or her Head. The Head must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

36.5   Clearance of leave shall have regard for the work and teaching commitments of the employee and the convenience of the work area. Annual leave must be cleared where possible:

36.5.1   In the case of the first entitlement by the end of February in the year following commencement; and

36.5.2   Within the calendar year it accrues thereafter.

36.6   The Head is responsible for managing leave arrangements within the work area.

36.7   Excess annual leave

36.7.1   The supervisor is required to assess leave entitlements with the employee annually.

36.7.2   Annual leave accrual of greater than 8 weeks entitlement is regarded as excess leave and where an employee has greater than 8 weeks accrued entitlement, they are required to reduce the leave entitlement to 4 weeks or less.

36.7.3   The employee will be provided with a period of 12 months to reduce the leave entitlement and the University will notify the employee in writing of when the 12 month period is to commence.

36.7.4   The amount of leave cleared will include leave that accrues during the 12 month period and must generally be an amount of leave which reduces the leave balance to 4 weeks or less at the end of the specified 12 month period.

36.7.5   Where an employee has accrued more than 8 weeks annual leave and has received a written notification to clear leave and the leave has not been cleared within the 12 month period, the University may direct the employee to take annual leave to reduce the leave balance to 4 weeks. The direction to clear annual leave will be in writing and the employee will be given a minimum of 8 weeks’ notice to clear the leave.

36.8   An employee may elect to access up to a full year’s leave entitlement in advance subject to the operational requirements of the work area. If the employee subsequently resigns and has a negative entitlement, the employee is required to repay the overdrawn entitlement. The University may deduct the amount of the overdrawn entitlement from the employee’s final payment.

36.9   An employee may make an application to the Director, Human Resources to cash out annual leave on the grounds of financial hardship only. The minimum period of leave to be cashed out is 1 week. A minimum balance of 4 weeks annual leave must be maintained for an application to cash out leave to be accepted. All payments made when cashing out annual leave will be paid as ordinary time earnings, subject to superannuation and will not count as service. An agreement to cash out annual leave must be in writing. Employees are advised to seek financial advice before making application to cash out leave.

36.10   Annual leave is paid at the ordinary rate of pay an employee receives immediately before the period of annual leave begins. An employee receiving a higher duties allowance during a period of annual leave will be paid as set out in Clause 29 – Higher Duties Allowance.

36.11   Annual leave will normally be taken in periods of at least 37.5 hours. The minimum period of leave that can be debited is 1 hour.

36.12   Employees are encouraged to take accrued leave prior to the expiry of their appointment or resignation. Employees engaged on a fixed-term contract which is externally funded may be required to clear any leave entitlements prior to the expiry of the term. Any accrued annual leave due to an employee on the cessation of employment will be paid out in the employee’s final payment.

36.13   Where a holiday referred to in Clause 39 – Holidays and Christmas Closedown, or days to be taken in lieu of those days, occur during the period an employee is absent on approved annual leave, the employee is taken not to be on paid annual leave on that day. If the period during which an employee takes paid annual leave includes a period of any other leave (other than unpaid leave) the employee is taken not to be on paid annual leave for the period of that other leave or absence.

36.14   All periods of annual leave other than cashed out annual leave count as service for all purposes.

36.15   Annual Leave Loading

36.15.1   An employee, excluding a casual employee, will accrue an annual recreation leave loading equal to 17.5% of 4 weeks’ salary per calendar year.

36.15.2   The maximum amount of leave loading payable will be equal to the Australian Bureau of Statistics ‘Average Weekly Earnings’ for all males in the September quarter immediately preceding payment.

36.15.3   An employee who commences after 1 January in any year is entitled to a pro-rata annual leave loading for the period of service in that year.

36.15.4   Annual leave loading is paid in November or the first pay period in December of each year.

36.15.5   Where an employee ceases employment prior to the annual payment of leave loading, payment of pro-rata Annual Leave loading applies.

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37.   Community and Other Leave Entitlements

37.1   An employee engaged in Jury Service, Leave for Emergency Services or other eligible community service activity under the Act is entitled to be absent from his or her employment for the period of engagement in the activity, including reasonable travel time associated with the activity and rest time immediately following the activity.

37.2.1   Employees engaged in eligible community service will receive paid leave as prescribed at subclause 37.3. An employee may elect to utilise Annual Leave, Long Service Leave accrued entitlements or leave without pay for any additional leave beyond the periods prescribed at subclause 37.3.

37.3   The University will provide Community and Other Leave to employees as follows:

Purpose of Leave Eligibility Leave entitlement
Veteran’s Leave An employee with an illness caused by or related to war service as certified by the Department of Veteran’s Affairs and a registered medical practitioner. Leave of 112.5 hours on full pay per annum, accruing to a maximum of 337.5 hours as approved by the Vice-Chancellor or nominee.
Jury Service An employee who is required to serve on a jury. Paid leave for all staff including casual employees for such period as necessary for the employee to carry out the duties as a juror. An employee is not entitled to receive any jurors' fee except for travel. Payment will be reduced by any amount employee receives as jury service pay.
Leave for Training with Defence Force Reserves An employee who is a volunteer member of the Defence Force Reserves or the Cadet Force. Leave to attend a training camp, school, class or course of instruction.

Paid leave up to 4 weeks per year for ADF camps, school, class or course instruction. If the Commanding Officer of a unit certifies that it is essential for an employee to be at an annual training camp in an advance or rear party, a maximum of 4 extra working days may be granted. 2 additional weeks paid leave for first year ADF Reserves for recruit and training purposes.
Leave for International Sporting Events An employee chosen to represent Australia as a competitor or an official at a recognised international sporting event. Paid leave for the period of the competition plus reasonable travel time but not normally exceeding 10 consecutive days.
Leave for Emergency Services An employee who is a volunteer member of a recognised emergency management body such as:

The State Emergency Service;
St John Ambulance Brigade;
or a Bush Fire Brigade.

And who engages in a voluntary emergency management activity.
Paid leave for attendance at an emergency and/or disaster certified by the relevant voluntary organisation. Paid leave will be for the period the employee is absent when carrying out an emergency management response.

37.4   An employee accessing leave under this Clause must as soon as practicable provide the Head with notice of his/her absence.

37.5   The provisions of this Clause shall not apply to casuals unless otherwise stated.

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38.   Employee Funded Extra Leave

38.1   Purchased Leave Scheme

38.1.1   The employer and the employee may enter into an arrangement where the employee can purchase up to 8 weeks additional leave.

38.1.2   The employee can agree to take a reduced salary/wage spread over the 52 weeks of the year and receive the following amounts of additional purchased leave:

  Number of paid weeks
(spread over 52 weeks)
Number of weeks’
purchased leave
(a) 44 weeks 8 weeks
(b) 45 weeks 7 weeks
(c) 46 weeks 6 weeks
(d) 47 weeks 5 weeks
(e) 48 weeks 4 weeks
(f) 49 weeks 3 weeks
(g) 50 weeks 2 weeks
(h) 51 weeks 1 week

38.1.3   Participation in the scheme is for a period of 12 months and is to be re negotiated annually (preferably at the beginning of the calendar year).

38.1.4   Purchased leave counts as service for all purposes.

38.1.5   All Annual and Purchased leave must be taken at mutually agreed times during the 12 month period, with the timing subject to approval. All leave bookings are to be booked and approved through the University’s Employee Self Service system. Where an employee has been unable to take Purchased Leave, the employee’s salary/wage shall be adjusted at the expiry of the 12 month period in which the leave was to be taken.

38.1.6   The employer will assess each application for Purchased Leave on its merits and give consideration to the personal circumstances of the employee seeking the arrangement as well as to operational requirements.

38.1.7   Payment to an employee proceeding on Annual Leave, in excess of the current year’s entitlement, or Long Service Leave shall be calculated on a pro-rata basis having regard for any prior periods of full-time or part-time employment.

38.1.8   Personal Leave or any other paid leave shall be paid at the reduced rate.

38.1.9   An employee who is required to work overtime shall be entitled to payment in accordance with the provisions of Clause 24 – Overtime of this Agreement and such payment shall be based on the full-time rate of pay applicable to the classification of the position occupied.

38.1.10   During the period an employee participates in the Purchased Leave Scheme, their superannuation contributions will reduce to the level based on their actual salary for that year. Provided that if the employee wishes to maintain superannuation contributions at a notional full-time rate, they will be responsible for making the necessary arrangements and for maintaining both the notional full-time rate for the employee’s and the employer’s contribution.

38.2   Deferred Salary Scheme

38.2.1   An employee may apply to work within the parameters of the Deferred Salary Scheme. There are three options available:

(a)   Completing 4 years’ service paid at 80% of salary to obtain 1 year's leave also paid at 80% of salary; or

(b)   Completing 4.5 years’ service paid at 90% of salary followed by 6 months’ leave paid at 90% of salary; or

(c)   Completing 2 years’ service paid at 80% of salary followed by 6 months’ leave paid at 80% of salary.

38.2.2   Employees are responsible for informing themselves of all implications of the Deferred Salary Scheme before entering into such an arrangement.

38.2.3   The period of leave taken in accordance with this Clause shall not constitute a break in service and shall count as service for all purposes. However the leave shall not count as service for salary increments.

38.2.4   An employee may elect to maintain superannuation contributions based on the full-time rate, or to alter contributions to the appropriate proportion of the new salary. An employee who elects to maintain contributions based on the full-time rate shall be responsible for paying the difference between the employer's proportional contribution and the employer's contribution based on the full-time rate.

38.2.5   An employee may withdraw in writing from the Deferred Salary Scheme prior to completing the required period of service, in which case a lump sum payment of salary foregone to that time will be made. The employee shall not be entitled to an equivalent absence from duty. Where it is no longer possible to offer the Deferred Salary Scheme, the Scheme will cease with effect from that date.

38.2.6   The following breaks in service will not be considered withdrawal from the Deferred Salary Scheme, but will be deemed to be non-participatory periods:

(a)   Secondments where the outside organisation pays;

(b)   Leave without pay;

(c)   Sick leave without pay greater than 3 months; and

(d)   Parental leave.

Periods of non-participatory service will delay the commencement of the leave year by the length of that non-participatory period. Employees will be paid their normal salary during non-participatory periods.

38.2.7   Periods deemed to be participatory include:

(a)   Approved leave while in receipt of Workers' Compensation;

(b)   Sick leave without pay less than or equal to 3 months, with salary in the final year adjusted accordingly;

(c)   Long Service Leave;

(d)   Sick leave with pay; and

(e)   Annual leave.

38.2.8   An employee may not work for the University during the period of leave provided under this subclause.

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39.   Holidays and Christmas Closedown

39.1   Subject to the provisions of subclause 39.1.1 and 39.1.2 of this Clause the following days shall be observed as holidays. New Year’s Day, Special New Year’s Day, Australia Day, Labour Day, Good Friday, Easter Monday, Easter Tuesday, Anzac Day, Foundation Day, Sovereign’s Birthday, Christmas Day, Boxing Day and such other days as may be declared State public holidays or University holidays. Provided that:

39.1.1   Whenever Labour Day, Foundation Day or Sovereign’s Birthday fall on a day other than a Monday the next following Monday shall be the holiday instead of such day; and

39.1.2   Such days will normally be taken as part of the Christmas closedown period. Where this is not possible then the days may be taken at some other time agreeable between the University and the employee.

39.2   If any of the days nominated in this Clause are not observed as holidays on the appointed day 1 day’s leave in lieu will be granted in each case. The day in lieu will be subject to its being taken over the Christmas Holiday period adjacent to the Christmas Closedown. Provided that leave in lieu accrued under this Clause can be cleared at an alternative time agreed to by the employee and the employer.

39.3   Notwithstanding the foregoing, and in accordance with subclause 24.4 of this Agreement, security officers shall be required to take 1 day's leave in lieu of each of Easter Tuesday and the Special New Year's Day at a time mutually convenient and not necessarily during the Christmas closedown.

39.4   Where an employee has worked less than the required number of open public holidays to qualify for paid leave for the Christmas closedown, the employee shall take either Annual Leave, accrued time in lieu or Leave Without Pay for the required number of days.

39.5   An employee who is required to work on an appointed holiday (that is the alternative day) shall, subject to the provisions of subclause 24.6, be paid or granted equivalent time off in lieu as prescribed in subclause 24.8 for the time so worked.

39.6   By agreement between the University and the employees in the Perth International Arts Festival and employees involved in the administration of students the above arrangement may be varied to better meet the operational requirements of the specific area. The arrangements in other areas of the University may be varied by direct consultation and agreement between the University and the employee and, where they choose, their employee representative.

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40.   Long Service Leave

40.1   An employee who has been employed by the University for a period of 10 years’ continuous service, is entitled to 13 weeks' Long Service Leave on full pay, calculated on the salary of the employee at the time of commencing Long Service Leave.

40.2   An employee employed prior to 19 April 1994:

40.2.1   With an accrued entitlement of 3 months’ Long Service Leave on the completion of 7 years’ continuous service will maintain this entitlement. The 3 months is, however, to be replaced by an entitlement of 13 weeks; or

40.2.2   With an accrued entitlement of 3 months maintains that entitlement.

40.3   For the purposes of determining an employee’s entitlement to Long Service Leave, ‘continuous service’ includes and does not include the items listed below:

  Continuous Service includes     Continuous Service
does not include
40.3.1 Any period during which an employee is absent on full or part pay.   40.3.4 Any other period greater than 2 weeks where the employee is absent on leave without pay.
40.3.2 Any periods of leave without pay granted to take up an assignment with one of the international schemes for developing countries (UNESCO and WHO) to which Australia is a party or for any other purpose for which the University has given its approval.   40.3.5 Any service by an employee between the date by which Long Service Leave entitlements are required to be cleared under subclause 40.5 and the date on which the employee clears the entitlement.
40.3.3  

Any period of service from the date an employee is required to clear Long Service Leave up to the date of extension granted in accordance with subclause 40.7.   40.3.6 Any service between the date an employee is granted a deferment for the taking of Long Service Leave by the University because of impending retirement and the date the employee retires or clears a full entitlement to Long Service Leave, if the employee does not retire on the date nominated.
      40.3.7 Any period of service that was taken into account in ascertaining the amount of lump sum payment in lieu of Long Service Leave.
      40.3.8 Any service between the date an employee is granted an extension for the taking of Long Service Leave in accordance with subclause 40.7 and the date the employee clears a full entitlement to Long Service Leave, if the employee does not clear at least 6 weeks by the date agreed in accordance with subclause 40.7.

40.4   An employee is entitled to an additional 13 weeks' Long Service Leave on full pay for each and every subsequent period of 7 years’ continuous service.

40.5   An employee is expected to clear all accrued Long Service Leave entitlement as soon as possible and within 5 years of the entitlement becoming due. An employee who does not clear a minimum of 6 weeks of the entitlement within this time will cease to accrue any further Long Service Leave until a minimum of 6 weeks of the entitlement is cleared.

40.6   Where an employee gives greater than 6 months’ notice, the time of taking Long Service Leave will be at his or her choosing, unless the University establishes in exceptional circumstances that arrangements cannot reasonably be put in place that would allow the leave to be taken at the requested time. If leave is denied on this basis the employee is deemed to have approval to defer taking Long Service Leave. Alternate arrangements for clearing leave should be agreed within 1 month of notification that the leave has been denied and should be at the convenience of the employee.

Where an employee gives less than 6 months’ notice, the time of taking Long Service Leave will be considered subject to the operational requirements of the University. Approval of leave shall not be unreasonably withheld. The requirement to provide 6 months’ notice does not apply where an employee applies for Long Service Leave during a period of approved unpaid parental leave.

40.7   In exceptional circumstances where operational requirements of a work area have prevented an employee from taking Long Service Leave within 5 years of the entitlement becoming due, the University shall approve an extension mutually agreed between the University and the employee.

40.8   An employee may apply to take Long Service Leave on any of the following bases instead of Long Service Leave at full pay:

40.8.1   Double the period of Long Service Leave on half pay; or

40.8.2   Half the period of Long Service Leave on double pay; or

40.8.3   Any portion of the employee's Long Service Leave entitlement on full pay, or double such period on half pay or half such period on double pay.

40.9   An employee may apply to take pro-rata Long Service Leave after 7 years in the first qualifying period and 3.5 years in the second and subsequent qualifying periods.

40.10   An employee who clears any pro-rata Long Service Leave entitlement under subclause 40.9 is not liable to repay any monies representing pro-rata Long Service Leave if the employee subsequently resigns prior to accruing a full entitlement.

40.11   An employee whose FTE varied during an accrual period or whose FTE during the accrual period is less than the employee’s FTE at the time of commencement of Long Service Leave, may elect to take a lesser period of Long Service Leave calculated by converting the average FTE during the accrual period to the equivalent FTE at the time of commencement of Long Service Leave.

40.12   Any University Holiday occurring during the period in which an employee is on Long Service Leave will not be treated as part of the Long Service Leave and extra days will be granted.

40.13   A lump sum payment for an accrued Long Service Leave entitlement will be paid to an employee who resigns or is terminated for any reason.

40.14   A lump sum payment for a pro-rata Long Service Leave will be paid where:

40.14.1   An employee genuinely retires, with genuine retirement being defined as where the employee qualifies for the Aged Pension or qualifies to access a superannuation benefit and the employee intends to leave the paid workforce; or

40.14.2   An employee is retired for ill health or any other cause and the employee has completed at least 3 years continuous service prior to the date of retirement; or

40.14.3   An employee has died and the employee has completed at least 12 months continuous service prior to the date of death, in which case payment will be made to the employee’s estate or any other person approved by the University; or

40.14.4   The University has terminated an employee for any reason other than serious misconduct and the employee has served a minimum continuous period of employment of 5 years.

40.15   A lump sum payment for accrued and/or pro-rata Long Service Leave will be calculated at the employee’s salary rate at the date of retirement, resignation or death, whichever applies.

40.16   The University will recognise service with other public universities and other public institutions where the institutions have reciprocal arrangements with the University for the purposes of Long Service Leave entitlements.

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41.   Short, Compassionate/Bereavement, Ceremonial/Cultural Leave

41.1   Short Leave

Definitions for Short Leave

41.1.1   Short Leave is primarily for matters of a personal and pressing nature which arise without notice and require immediate attention.

Entitlement

41.1.2   Short Leave of absence not exceeding 15 consecutive hours and not exceeding, in aggregate, 22.5 hours in any one calendar year.

(a)   Part-time employees are eligible for leave on a pro-rata basis in accordance with the following formula:

Hours worked per fortnight    ×    22.5
75   1

(b)   An employee employed on a fixed-term contract of more than twelve months shall be eligible for leave in accordance with this Clause, and an employee employed on a fixed-term contract of less than twelve months shall be eligible for pro-rata short leave in accordance with this Clause.

41.1.3   The minimum period of leave that can be taken is one (1) hour.

41.1.4   The provisions of this Clause shall not apply to casual employees.

Notification

41.1.5   An employee must give his or her employer notice of the taking of leave under this Clause by the employee. The notice:

(a)   Must be given to the University as soon as practicable (which may be a time after the leave has started); and

(b)   Must advise the University of the period, or expected period, of the leave.

41.1.6   An employee will, if requested by the employer, provide information that would satisfy a reasonable person that the absence is because the employee has been or will be engaging in an eligible leave activity.

41.1.7   An employee is not entitled to take short leave unless the employee complies with this section.

41.2   Compassionate/Bereavement Leave

Definitions for Compassionate/Bereavement Leave

41.2.1   Immediate family covers:

(a)   A spouse (including a former spouse, a defacto, a former defacto and current or former same sex partner);

(b)   A child or adult child (including an adopted child, a step child or an ex nuptial child);

(c)   A parent, parent in law, foster parent, grandparent, grandchild or sibling of the employee;

(d)   A child or adult child (including an adopted child, a step child or an ex nuptial child) of the spouse;

(e)   A parent, parent in law, foster parent, grandparent, grandchild or sibling of the spouse; and

(f)   A person who lives with the employee in the same household or whose care is the employee's responsibility and recognising a wide range of relationships and structures which may include one or more of the following: extended family, friendship and dependency.

41.2.2   Compassionate/Bereavement Leave

Compassionate/Bereavement Leave provides leave for each occasion (a permissible occasion) when a member of the employee's immediate family, or a member of the employee's household:

(a)   Contracts or develops a personal illness that poses a serious threat to his or her life; or

(b)   Sustains a personal injury that poses a serious threat to his or her life; or

(c)   Dies.

Entitlement

41.2.3   Compassionate/Bereavement Leave provides two days leave for each permissible occasion.

(a)   The Head may grant an employee employed in that school/section:

(b)   Compassionate/bereavement leave for each particular permissible occasion as:

(i)   A single continuous 2 day period; or

(ii)   2 separate periods of 1 day each; or

(iii)   Any separate periods agreed by the Head and the employee to a maximum of 2 days.

(c)   Leave granted in accordance with this Clause for the purpose of providing care or support to a member of the employee's immediate family, or a member of the employee's household may be approved in conjunction with any other accrued leave.

41.2.4   The minimum period of leave that can be taken is one (1) hour.

41.2.5   The provisions of this Clause shall apply to casual employees, however casual employees are not entitled to payment for any periods of leave taken.

Notification

41.2.6   An employee must give his or her employer notice of the taking of leave under this Clause by the employee. The notice:

(a)   Must be given to the University as soon as practicable (which may be a time after the leave has started); and

(b)   Must advise the University of the period, or expected period, of the leave.

41.2.7   An employee will, if requested by the employer, provide information that would satisfy a reasonable person that the absence is because the employee has been or will be engaging in an eligible leave activity.

41.2.8   An employee is not entitled to take Compassionate/Bereavement leave unless the employee complies with this section.

41.3   Ceremonial/Cultural Leave

Definitions for the purpose of this clause

41.3.1   Ceremonial/Cultural Leave

Ceremonial/Cultural Leave provides leave for legitimate ceremonial and cultural purposes to meet the employee's customs, traditional law and participation in ceremonial activities.

Entitlement

41.3.2   Ceremonial/Cultural Leave of absence not exceeding 15 consecutive hours and not exceeding, in aggregate, 22.5 hours in any one calendar year.

(a)   Part time employees are eligible for leave on a pro-rata basis in accordance with the following formula:

Hours worked per fortnight    ×    22.5
75   1

(b)   In addition to the leave provided under this Clause, employees who are Indigenous Australians are entitled to an additional 2 days leave in accordance with the provisions of Clause 10 – Indigenous Australian Employment.

41.3.3   The minimum period of leave that can be taken is one (1) hour.

41.3.4   The provisions of this Clause shall not apply to casual employees.

Notification

41.3.5   An employee must give his or her employer notice of the taking of leave under this Clause by the employee. The notice:

(a)   Must be given to the University as soon as practicable (which may be a time after the leave has started); and

(b)   Must advise the University of the period, or expected period, of the leave.

41.3.6   An employee will, if requested by the employer, provide information that would satisfy a reasonable person that the absence is because the employee has been or will be engaging in an eligible leave activity.

41.3.7   An employee is not entitled to take Ceremonial/Cultural leave unless the employee complies with this section.

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42.   Leave Without Pay

42.1   Subject to the provisions of subclause 42.2 of this Clause, the Vice-Chancellor or nominee, on the recommendation of the Head, and by agreement with the employee, may grant an employee leave of absence without pay for a period not exceeding 12 months in the first instance. For fixed-term employees Leave Without Pay will not be approved for any period which exceeds the term of the appointment.

42.2   Every application for Leave Without Pay will be considered on its merits and may be granted provided that the following conditions are met:

42.2.1   The work of the school/section is not unduly inconvenienced; and

42.2.2   All other leave credits of the employee are exhausted provided that where the Leave Without Pay is for the purposes of:

(a)   Providing care and support to another person whose care is the responsibility of the employee, the employee will not normally be required to exhaust all other leave credits; or

(b)   Accepting a secondment opportunity with another employer the employee will not normally be required to exhaust all other leave credits.

42.2.3   The minimum period of leave without pay that may be granted is 1 day.

42.3   Any period that exceeds 2 weeks during which an employee is on leave of absence granted under this Clause shall not, for any purpose, be regarded as part of the period of service of that employee unless the Senate, on the recommendation of the Vice-Chancellor, otherwise determines.

42.4   The provisions of this Clause shall not apply to casual employees.

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43.   Parental Leave

43.1   Definitions – for the purpose of this Clause

43.1.1   “Child” means a child born to or legally adopted by an employee or the employee’s partner.

43.1.2   “Continuous Service” is service given in accordance with the contact of employment without a break or with a break not exceeding a period of 2 weeks.

43.1.3   “Employee” includes full-time, part-time, ongoing and fixed-term contract employees.

43.1.4   “Employee Couple” means 2 employees who are both employed at the University.

43.1.5   ”Partner” means a person who is a spouse, de-facto or same sex partner of a primary caregiver.

43.1.6   “Parental Leave” means the period of absence of up to 104 weeks provided for under this Clause. The period of 104 weeks may include paid and unpaid parental leave.

43.1.7   “Perinatal Death” means the death of a foetus weighing 500g or more at 22 or more weeks of gestation; or the death of an infant within 28 days of birth.

43.1.8   “Primary Caregiver” is the employee who will assume the principal role for the care and attention of child/children.

43.1.9   “Replacement Employee” is an employee specifically engaged to replace an employee proceeding on Parental Leave.

43.2   Entitlement to Parental and Partner Leave

43.2.1   An employee is entitled to a period of up to 104 weeks Parental Leave in respect of the:

(a)   Birth of a child to the employee or the employee’s partner; or

(b)   Adoption of a child who is not the birth child or the stepchild of the employee or the employee’s partner; is under the age of 16 and has not lived continuously with the employee for 6 months or longer.

43.2.2   An employee who has completed 12 months continuous service at the time the Parental Leave is to commence is eligible for paid Parental Leave in accordance with subclauses 43.2.3 or 43.2.5.

43.2.3   An employee identified as the primary caregiver of a child and who has completed 12 months but less than 5 years continuous service at the time Parental Leave commences is entitled to 26 weeks paid Parental Leave at full pay or 52 weeks at half pay. This will form part of the 104 week parental leave entitlement provided at subclause 43.2.1.

43.2.4   Paid Parental Leave taken in accordance with 43.2.3 must conclude within 26 weeks (at full pay) or 52 weeks (at half pay) of the date of birth or placement of the child.

43.2.5   An employee identified as the primary caregiver of a child and who has completed 5 or more years continuous service at the time Parental Leave commences is entitled to 36 weeks paid Parental Leave at full pay or 72 weeks at half pay. This will form part of the 104 week Parental Leave entitlement provided at subclause 43.2.1.

43.2.6   Paid parental leave taken in accordance with subclause 43.2.5 must conclude within 36 weeks (at full pay) or 72 weeks (at half pay) of the date of birth or placement of the child.

43.2.7   An employee who has completed less than 12 months’ continuous service at the time the Parental Leave commences is entitled to unpaid parental leave.

43.2.8   The entitlements outlined in this Clause are not available concurrently to any paid parental leave entitlements of an employee’s partner through their employer except partner or paternity leave.

43.2.9   Where parental leave is taken at half pay superannuation contributions will be made on a pro-rata basis. Where the employee elects to maintain superannuation contributions at a notional full-time rate, they will be responsible for making the necessary arrangements and for maintaining the notional full-time rate for both the employee and the employer contribution.

43.2.10   The paid and unpaid parental leave entitlement up to a maximum of 104 weeks may be shared between employee couples assuming the role of primary caregiver.

43.2.11   Parental leave and Partner Leave may be taken concurrently by employee couples for a maximum of 3 weeks.

43.2.12   Any unused portion of paid or unpaid Parental Leave will not be preserved in any way.

43.2.13   An employee may elect to be paid in advance for the period of paid parental leave at the commencement of the Parental Leave or on a fortnightly basis for the period of the paid Parental Leave.

43.2.14   An employee employed for a fixed-term contract is entitled to Parental Leave under this Clause however the period of leave granted shall not extend beyond the term of that contract.

43.2.15   To be eligible for second and subsequent paid Parental Leave an employee must return to work on each occasion:

(a)   For a qualifying period of at least 12 months continuous service; and

(b)   At 50% or more of the fraction of employment the employee held prior to commencing Parental Leave, provided that the return fraction is not less than 0.4 FTE.

43.2.16   An employee who does not meet the requirements of subclause 43.2.15 is entitled to 14 weeks paid Parental Leave for a second or subsequent period of Parental Leave.

43.3   Other Leave Entitlements

43.3.1   An employee may clear accrued annual leave or Long Service Leave for the whole or part of the unpaid Parental Leave absence. The total of any accrued leave accessed may be paid at full or half pay and will form part of the 104 weeks Parental Leave entitlement provided at subclause 43.2.1. During periods of annual or Long Service Leave clearance the absence is classified as leave for Parental Leave purposes.

43.3.2   In the event of a pregnant employee prior to the commencement of parental leave:

(a)   Being sick;

(b)   Being required to undergo a pregnancy related medical procedure; or

(c)   Experiencing medical complications related to the pregnancy.

The employee may access accrued Personal Leave credits in accordance with Clause 35 – Personal Leave - (Sick and Carer’s) or unpaid special maternity leave.

43.3.3   An employee on Parental Leave is not entitled to paid sick leave and other paid absences other than as specified in subclause 43.3.4.

43.3.4   An employee whose pregnancy terminates or whose planned adoption of a child does not eventuate is entitled to such period of paid personal leave or unpaid leave for a period certified as necessary by a registered medical practitioner. Such paid personal leave cannot be taken concurrently with paid Parental Leave.

43.4   Commencement of Parental Leave

43.4.1   A pregnant employee can commence the period of Parental Leave any time within 6 weeks before the expected date of birth.

43.4.2   A pregnant employee may apply to the Director of Human Resources to commence paid parental leave up to 20 weeks prior to the expected date of birth on either medical or compassionate grounds. The Director, Human Resources will not unreasonably refuse such a request.

43.4.3   A primary caregiver, other than a pregnant employee, with an entitlement to paid parental leave at subclause 43.2.3 may commence paid Parental Leave within 26 weeks of the date of birth or placement of the child.

43.4.4   A primary caregiver, other than a pregnant employee, with an entitlement to paid parental leave at subclause 43.2.5 may commence paid parental leave within 36 weeks following the date of birth or placement of the child.

43.4.5   If the pregnancy of an employee results in a medically defined late pregnancy miscarriage, a stillbirth, or a perinatal death the pregnant employee retains an entitlement to up to 14 weeks paid parental leave.

43.4.6   If an application for Parental Leave has been granted for an adoption which does not eventuate, then the period of paid or unpaid Parental Leave is terminated. Employees may elect to take any other paid leave entitlements in lieu of the terminated Parental Leave or apply to return to work.

43.5   Notice, Variation and Evidence Requirements

43.5.1   The employee must give notice to the University of the anticipated period of parental leave at least 10 weeks before the date on which they propose to commence Parental Leave detailing the total anticipated period of the leave to be taken.

43.5.2   The notice period of 10 weeks may be varied in the case of a premature birth or where an adoption agency requires the primary caregiver or their partner to accept an earlier or later placement of a child, or other compelling circumstances.

43.5.3   An employee on Parental Leave is required to give 4 weeks written notice of their intention to extend the period of leave stated in the original application.

43.5.4   The employee will provide the University with reasonable evidence of the birth or adoption of the child. In the case of adoption the University may request evidence that the adopted child is, or will be, under 16 years of age as at the date of placement, or the expected date of placement, of the child.

43.5.5   The employer may require reasonable evidence of primary caregiver or partner status.

43.6   Transfer to a Safe Job

43.6.1   If illness, risks arising out of pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the pregnant employee to continue in her present duties:

(a)   The duties will be modified; or

(b)   The employee may be transferred to a safe position at the same classification level until the employee commences Parental Leave.

43.6.2   Where there is no safe position available the employee is entitled to take paid no safe job leave for the period the employee is deemed to be at risk.

43.7   Replacement Employee

43.7.1   Prior to engaging a replacement employee the University will inform that person of the fixed-term nature of the employment and the entitlements relating to the return to work of the employee who is on Parental Leave.

43.8   Resumption of Duties

43.8.1   An application to resume duty within 6 weeks after the day on which the pregnancy ends must be supported by a certificate from a registered medical practitioner or midwife, indicating that the employee is fit to resume duty. The early return to duty is subject to Faculty, School or Section convenience but should not be unreasonably denied.

43.8.2   An employee on return to work from Parental Leave is entitled to the same position or a position equivalent in pay, conditions and status commensurate with the employee’s skill and abilities required in the substantive position held immediately prior to proceeding on Parental Leave.

43.8.3   Where the employee was transferred to a safe job the employee is entitled to return to the position occupied immediately prior to transfer in accordance with subclause 43.8.2.

43.8.4   An employee may return on a part-time basis to the substantive position occupied prior to the commencement of leave, an equivalent position or to a different position at the same classification level, conditions and status commensurate with the employee’s skill and abilities required in the substantive position held immediately prior to proceeding on parental leave. The duration of return to work on a part-time basis and hours of work will be negotiated and agreed between the Head and the employee. The Head is responsible for confirming in writing to the employee and Human Resources the return to work arrangements.

43.8.5   An employee will advise the University in writing at least 6 weeks prior to the due date of returning to work if they wish to return on a part-time or job share basis.

43.8.6   An employee who has returned to work on a part-time basis may revert to full-time hours at the same classification level within 2 years of returning from Parental Leave. Where an employee makes a request to revert to full-time work or increase their fraction prior to the expiry of the period negotiated in subclause 43.8.4 the University may only refuse the request on reasonable business grounds.

43.8.7   An employee on Parental Leave will be consulted on any proposed organisational changes as set out in Clause 49 – Consultation on Organisational Change.

43.9   Parental Leave and the Contract of Employment

43.9.1   Paid Parental Leave counts as qualifying service for all purposes under this Agreement. Absence on unpaid parental leave shall not break the continuity of service of employees but shall not be taken into account in calculating the period of service for any purpose under this Agreement.

43.9.2   An employee on Parental Leave may terminate employment at any time during the period of leave by written notice in accordance with this Agreement.

43.9.3   An employee’s contract of employment will not be terminated on the employee’s application for Parental Leave or partner leave or absence on Parental Leave or partner leave. This does not affect:

(a)   The rights of the University to terminate employment for other contractual reasons; or

(b)   The expiry of a fixed-term contract at the end of the contract period.

43.9.4   An employee employed on a second or subsequent research grant funded contract who:

(a)   Ceases employment because of the expiry of the fixed-term contract; and

(b)   Resumes employment with the University within 6 weeks of the expiry of that contract; and

(c)   Has not received a severance payment in accordance with Schedule F – Categories of Employment, of this Agreement, does not break their continuity of service for the purposes of calculating eligibility for Parental Leave.

43.10   Work whilst on Parental Leave

43.10.1   Primary caregivers on parental leave are permitted to undertake:

(a)   Occasional casual employment with the University whilst on parental leave without pay;

(b)   Fractional employment with the University combined with paid leave to a maximum of 1 full-time equivalent (FTE).

43.11   Adoption Leave

43.11.1   An employee seeking to adopt a child is entitled to reasonable unpaid leave to attend interviews or examinations required as part of the adoption process. The employee may substitute unpaid adoption leave with accrued Annual Leave or Long Service Leave.

43.12   Partner Leave

43.12.1   An employee who is not a primary caregiver is entitled to a period of paid or unpaid Partner Leave at the time of the birth or placement of a child/children to his or her partner.

43.12.2   An employee with 12 months or more continuous service with the University at the time of the birth or placement of the child is entitled to partner leave of 3 weeks of which (2) weeks in paid leave and (1) week is unpaid.

43.12.3   An employee with less than 12 months continuous service with the University at the time of the birth or placement of the child is entitled to (3) weeks unpaid partner leave.

43.12.4   Partner Leave can be taken as a minimum of 1 day at a time and up to 3 weeks in total.

43.12.5   Partner leave is accessible from the date of birth and up to 3 months after the date of birth.

43.12.6   If the employee’s partner has a pregnancy that terminates, gives birth to a stillborn child or the child dies following the birth, the employee is entitled to such a period of paid personal leave or unpaid leave for a period certified as necessary by a registered medical practitioner.

43.13   Casual Employees

43.13.1   The provisions of this Clause shall not apply to casual employees.

43.13.2   Entitlement to Parental Leave for casual employees is as prescribed under the Act.

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