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Leave Manual

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Charles Sturt University Leave Manual

(1) This Manual operates in conjunction with the leave provisions provided for in the applicable industrial instrument that regulates the terms and conditions of employees ofCharles Sturt University (University). The Manual provides further explanatory information and details on the taking of leave by employees of the University.

(2) Where any inconsistency arises between the provisions set out in the applicable industrial instrument and this Manual, the industrial instrument will prevail.

Section 1 - Sick Leave

Entitlements - Full-time Employees

(3) All full-time employees shall be entitled to fifteen working days of paid sick leave from 1 January each year. The unused component of annual sick leave entitlement shall be fully cumulative.

Entitlements - Part-time Employees

(4) The sick leave entitlement for a part-time employee shall be calculated on the appropriate fraction of the sick leave entitlement for a full-time employee.

Entitlements - New Employees

(5) Employees appointed after 1 January of a calendar year shall have their sick leave entitlement for that year calculated by multiplying the number of whole months remaining in the calendar year by the annual entitlement and dividing that result by twelve. This entitlement is available from the commencement of the employee's employment, provided that during the first three months of employment the maximum amount of paid sick leave that may be granted shall be five days, unless a medical certificate to support each individual absence is provided.

Casual Employees

(6) A casual employee shall not be entitled to sick leave.

Previous Service

(7) Previous service with the the University or its predecessor institutions shall be recognised for determining cumulative sick leave entitlements. The the University shall not recognise service with other employers for sick leave purposes.

Effect of Leave Without Pay

(8) When an employee proceeds on leave without pay for greater than two months in a calendar year, the employee's sick leave entitlement for that year shall be reduced in proportion to the period of leave without pay.

Exhaustion of Entitlement

(9) Where all paid sick leave entitlements for which an employee is eligible have been exhausted, the employee may elect to use part or all of any annual leave and/or long service leave to credit or to proceed on sick leave without pay. Sick leave without pay shall count as service for the accrual of annual leave, long service leave and further sick leave with pay.

Sick Leave Whilst on Annual Leave or Long Service Leave

(10) An employee who becomes ill while on annual leave or long service leave and who has sick leave to credit may apply for sick leave and to have re-credited that period of annual leave or long service leave during which the illness occurred, subject to the employee notifying their supervisor at the earliest opportunity of the situation.

(11) Subsequent to notifying their supervisor, the employee shall provide a medical certificate issued by a registered medical practitioner, which clearly states both the nature and duration of the illness. Any medical certificate provided that is not written in English must be accompanied by a certified translation.

(12) The illness and supporting medical certificates referred to directly above must be for a period of at least five consecutive days before sick leave shall be granted and the leave re-credited.

Medical Certificate to be Furnished

(13) Any employee absent from duty on the grounds of illness for any period of absence exceeding three days shall be required to furnish a medical certificate to the the University indicating the nature of the illness.

(14) An employee who has been absent from duty on the grounds of illness on five or more occasions in any period of twelve months without furnishing a medical certificate indicating the nature of the illness may be required by the Vice-Chancellor (or nominee) to furnish a medical certificate for any future period or periods of illness.

(15) A supervisor may at any time require an employee who has been granted leave on the grounds of illness to furnish medical evidence as to the employee's inability to resume duty. Where an employee has applied for sick leave and produces, in respect of the absence from duty, a medical certificate that fails to indicate a definite medical condition, the employee (and the medical certificate) may be referred immediately to a medical practitioner chosen by and at the expense of the the University.

(16) The nature of the leave of absence to be granted shall be determined by the the University after receipt and consideration of the report of the medical practitioner nominated by the the University pursuant to clause 15 hereof.

Ill Health of Employee Rendering Danger to Other Employees

(17) Where the Vice-Chancellor has reason to believe that:

  1. an employee is in such a state of ill health as to render a danger to other employees; or
  2. where the state of health of an employee on duty is likely to be seriously affected by remaining on duty; or
  3. where the state of health of an employee absent from duty is likely to be seriously affected by resuming duty;
the Vice-Chancellor may require the employee to be medically examined by a medical practitioner chosen by and at the expense of the the University.

(18) Where the employee is absent from duty at the time arrangements are made for the medical examination pursuant to clause 17, the employee shall not be permitted to resume duty prior to the completion of the medical examination, unless the employee furnishes a certificate from a medical practitioner indicating that he or she is fit to resume duty.

(19) Upon receipt of the medical report or verbal advice from the medical practitioner that the employee is unfit to continue in the service of the the University, the Vice-Chancellor shall direct the employee in writing to be absent from duty forthwith or, if already on leave of absence, to continue on leave until the matter has been determined.

(20) Upon receipt of the medical report or verbal advice from the medical practitioner that the employee is fit to continue in the service of the the University, the Vice-Chancellor shall advise the employee accordingly and may require the employee to resume duty.

(21) Any leave of absence arising from this subclause shall be deducted from the employee's available sick leave. Where such leave is exhausted, the employee may elect to use any annual leave or long service leave to credit or to be placed on sick leave without pay.

Payment of Sick Leave - Shift Work

(22) Where a "seven day shift work employee":

  1. sustains an injury at work and as a consequence of this proceeds on a period of leave greater than ten days and as approved by the University's workers compensation insurer, the employee shall be entitled to receive, in addition to ordinary salary, payment of the appropriate shift and/or weekend penalties he or she would have ordinarily received had the injury not been sustained or illness incurred for either a period not exceeding six months or the sick leave entitlement of the employee, whichever is the lesser period;
  2. proceeds on sick leave for a period exceeding two months and during this period receives the appropriate allowance(s) referred to directly above at (a), the Vice-Chancellor (or nominee) may require the employee whose capacity to perform their duties is in doubt to undergo a medical examination; and
  3. proceeds on paid sick leave and not as a result of an injury sustained at work, the employee shall be entitled to receive, in addition to ordinary salary on no more than five days per annum, payment of the appropriate shift and/or weekend penalties he or she would have ordinarily received had he or she not taken sick leave.
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Section 2 - Annual Leave

Accrual of Annual Leave

(23) The rate of accrual of annual leave for full-time employees at the the University is set out in this subclause. The rate of accrual of annual leave for part-time employees shall be at the same rate as full-time employees but on a pro-rata basis.

ALBURY-WODONGA CAMPUS
Employees Rate of Accrual
All employees employed by the the University on and after 1 January 1982 20 days per annum
All employees employed by the the University before 1 January 1982 25 days per annum
BATHURST CAMPUS
Employees Rate of Accrual
All employees 20 days per annum
WAGGA WAGGA CAMPUS
Employees Rate of Accrual
All employees employed by the the University on and after 1 July 1997 20 days per annum
All employees employed by the the University before 1 July 1997 25 days per annum
OTHER CAMPUSES
Employees Rate of Accrual
All employees 20 days per annum

(24) Notwithstanding the above provisions, an employee employed by the the University on a fixed term contract at the Wagga Wagga campus prior to 1 July 1997 and who is appointed to a successive fixed term contract(s) on or after 1 July 1997 shall retain the annual leave accrual rate provided for in the previous contract.

(25) A "seven day shift work employee" shall be granted annual leave in addition to the relevant entitlement set out above for working weekends and public holidays regularly and in accordance with the entitlements set out in this subclause in each calendar year:

Number of Saturdays, Sundays and/or Public Holidays Additional Leave
20 - 25 days 1 day
26 - 30 days 2 days
31 - 35 days 3 days
36 - 40 days 4 days
Over 40 days 5 days

Accrual of Annual Leave While on Other Forms of Leave

(26) An employee shall accrue annual leave whilst on annual leave, long service leave, sick leave (whether paid or unpaid), defence force leave, paid maternity leave, adoption leave and special leave.

(27) An employee shall not accrue annual leave in respect of a period(s) of leave of absence without pay exceeding two months in any calendar year.

Taking of Annual Leave

(28) An employee will normally be required to take their annual leave entitlement each year as it falls due.

(29) An employee who is unable to take their annual leave entitlement pursuant to this clause shall be required to take at least fifteen days of annual leave each year where he or she accrues annual leave at the rate of twenty-five days per annum and at least twelve days each year where he or she accrues annual leave at the rate of twenty days per annum.

Direction to Take Annual Leave

(30) Where an employee accrues annual leave in excess of fifty days, the employee will be advised in writing that they will be required to take annual leave from a date to be fixed by the the University, no later than two months from the date of the written advice, and ending when annual leave entitlements in excess of ten days have been exhausted, unless otherwise negotiated between the employee and the the University when extenuating circumstances exist.

Payment for Annual Leave

(31) Payment of accrued annual leave shall be made at the employee's ordinary salary on the day immediately prior to the first day of the leave. Where an increase in an employee's ordinary salary occurs during the period of leave, an adjustment to the payment of such leave shall be made.

Combining Paid and Unpaid Leave

(32) Where an employee applies for a period or periods of paid and unpaid leave, the period or periods of paid leave shall be taken first in all cases.

Payment of Annual Leave on Cessation of Employment

(33) Any annual leave to credit shall be paid in a lump sum upon resignation or termination. Provided that such leave shall not be regarded as if it had been taken for a nominal period and shall not be augmented by public holidays occurring in that period.

(34) The monetary value of any annual leave to credit payable on resignation or termination shall be based on the employee's ordinary salary as at their last day of service with the the University, except where provided otherwise in the industrial instrument.

Payment of Annual Leave on Death

(35) When an employee dies, annual leave shall be calculated up to and including the date of death and paid in full without any limitations provided for in this clause.

Annual Leave Loading

(36) Annual leave loading only applies to staff based in Australia.

(37) Academic staff shall be entitled to an annual leave loading payment equal to 17.5% of four (4) weeks of salary for the period of leave accrued with a maximum payment based on Academic Level B, Step 6. This calculation was previously based on the Australian Bureau of Statistic's average weekly total earnings of all males (Australia) for the September quarter preceding; however from September 2012 this data will no longer be available. Academic Level B, Step 6 has been deemed to be a fair benchmark based on previous years' payments.

(38) General staff (other than casual employees and "seven day shift work employees") shall be granted an annual leave loading equivalent to 17.5% of four weeks of ordinary salary. Provided that the loading payable shall not, in any case, exceed the loading calculated on the minimum salary equivalent to general staff Level 10, Step 1 as set out at Schedule II of the University's Enterprise Agreement .

(39) A "seven day shift work employee" who proceeds on annual leave shall be paid, in respect of leave taken in any period of twelve months, whichever is the more favourable:

  1. the shift penalties the employee would have received had he or she not been on annual leave; or
  2. the 17.5% annual leave loading of five (5) weeks of ordinary salary.

(40) Shift penalties shall not be paid for a public holiday that falls during a period of annual leave or where compensatory leave has been added to a period of annual leave pursuant to the provisions covering public holidays.

(41) The annual leave loading year shall be deemed to commence on 1 December each year and end on 30 November the following year.

(42) Annual leave loading shall be paid in December each year to all employees so entitled and shall be based on the period of time worked by employees during the annual leave loading year. Annual leave loading shall be paid on a proportionate basis to employees who resign or retire or who are terminated by the the University (other than for serious misconduct) during an annual leave loading year.

(43) Annual leave loading shall be calculated on the employee's ordinary salary as at 30 November or, where a proportionate payment is made, on the ordinary salary as at the employee's last day of duty.

(44) Employees who are employed on a part-time basis and who satisfy the provisions of this subclause shall be eligible for payment of an annual leave loading on a pro-rata basis.

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Section 3 - Long Service Leave

Entitlement

(45) An employee (other than a casual employee) who has accumulated ten years of full-time service shall be entitled to two months of leave on full pay. After the completion of ten years of service, an employee shall accrue long service leave at the rate of fifteen calendar days per annum on full pay.

(46) A period or periods of part-time service will not reduce the accrued entitlement specified in clause 45, although it will reduce an employee's service fraction. Long service leave paid out on termination of employment will be based on an employee's average service fraction.

(47) An employee who has accumulated at least five years of service but less than ten years of service and:

  1. whose employment is terminated by the Vice-Chancellor for any reason, other than for serious misconduct; or
  2. whose employment is ended by the employee on account of illness, incapacity or domestic or other pressing necessity or by the employee's death;

(48) shall be entitled to a payment equivalent to a proportionate amount of salary calculated on the basis of two months' salary for ten years of service.

(49) For the purpose of calculating the entitlement to long service leave of an employee, there shall be deducted from any long service leave to which such employee becomes entitled under this clause, any such leave already taken or for which payment has been made in respect of any period of service referred to in clause 45 hereof.

Application for Long Service Leave

(50) An employee applying for long service leave shall submit an application at least one month before the date when leave is intended to commence. The Vice-Chancellor (or nominee) may approve the application for long service leave on being satisfied that satisfactory arrangements can be made for the performance of the employee's duties during the absence or that the demands of the University's business do not make it impractical for the application to be granted.

(51) An employee who is eligible for long service leave shall be entitled to take such leave at a time of their choosing, provided that at least six months' written notice of such leave is given and, in the absence of such notice, the Vice-Chancellor so approves.

Combining Long Service Leave and Annual leave

(52) Where an employee wishes to combine annual leave and long service leave to cover one period of absence, annual leave may be taken either before or after long service leave. Once commenced, long service leave shall continue in an unbroken period.

Accrual of Annual leave and Long Service Leave

(53) Annual leave and long service leave shall accrue during any absence on long service leave.

Payment of Monetary Value on Resignation or Termination

(54) An employee who has an entitlement to long service leave upon resignation or termination shall be paid the monetary value of long service leave to credit in lieu of such leave. Payment shall be made at the employee's ordinary salary as at their last day of service with the the University, except where provided otherwise in the University's Enterprise Agreement.

Minimum Period of Leave to be Granted

(55) Long service leave shall not normally be granted for less than seven days.

Accrued and Granted on a Calendar Day Basis - Paid on a Working Day Basis

(56) Long service leave shall accrue and be granted on a calendar day basis.

Commencement and Cessation of Long Service Leave

(57) Long service leave shall commence on the first working day after cessation of duty or on expiration of other paid leave and shall cease on the day immediately before resumption of duty irrespective of whether that day is a working day.

Transfer of Long Service Leave

(58) The the University shall recognise as qualifying service for the purpose of determining long service leave entitlements:

  1. previous service with the the University or its predecessor institutions;
  2. all paid full-time or part-time service at any former corporate College of Advanced Education in New South Wales; and
  3. all continuous paid full-time or part-time service with other Australian higher educational institutions, excluding service with Technical and Further Education Colleges;

    provided that:
  4. the the University shall not make payment to an employee who, immediately prior to taking up an appointment with the the University, had an entitlement to long service leave with his or her former institution (employer). In these circumstances, the employee will be deemed by the the University to have been paid by his or her former institution for such an entitlement on resignation or termination, except where alternative arrangements are made pursuant to this clause; and
  5. in circumstances where, immediately prior to taking up an appointment with the the University, the employee served a period of more than five years but less than ten years of service with their former institution and was paid a pro-rata long service leave entitlement on resignation or termination for such service, the entitlement on which payment was made shall be deducted from any long service leave entitlement with the the University.

(59) Where the period between an employee's cessation of employment with their former institution and the commencement of employment with the the University is not more than two months, the employee's period of service shall be deemed not to have been broken. Provided that the period between the cessation and commencement of employment shall not be taken into account to determine the length of service for long service leave purposes.

(60) An employee whose previous service with another Australian higher education institution is recognised for long service leave purposes shall be required to serve at least three years with the the University before being permitted to take any accrued long service leave.

Direction to Take Long Service Leave

(61) Where an employee has accumulated a long service leave entitlement in excess of six months, the the University may give the employee written notice to take not less than six weeks and not more than three months of such leave on full pay at a time convenient to the needs of the the University, provided that:

  1. the the University shall give the employee written notice of at least six months of the date on which leave must commence;
  2. the employee shall not be required to take long service leave within two years of the employee's notified date of retirement provided that notice has been given in writing; and
  3. where an employee would suffer hardship as a result of being required to take long service leave, a submission may be made to the Executive Director, Human Resources requesting special consideration.

Early Payment of Long Service Leave to Credit

(62) An employee who has a long service leave entitlement of one month or more may elect to be paid in the form of a lump sum payment for part or all of their long service leave entitlement, provided that such payment shall not be made for a period of less than the equivalent of one month of long service leave.

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Section 4 - Parental Leave

General Principles

(63) "Parental leave" means an unbroken period of leave that includes the birth of a child to an employee or the placement of a child with an employee through an adoption process.

(64) Casual employees are not eligible for paid parental leave unless the employee has been employed on a regular and systematic basis during a period of at least twelve months, and who has but for her pregnancy, or his or her decision to adopt a child, a reasonable expectation of ongoing employment.

(65) Employees who have the care of a child during the first or second year from the date of birth or adoption shall be eligible for parental leave without pay.

(66) An employee must have more than forty weeks' continuous service immediately prior to the expected date of birth (or placement) to be entitled to paid parental leave. Periods of previous employment with the the University shall not count towards these forty weeks.

(67) A person employed on a fixed-term contract will cease to have an entitlement to parental leave upon the date the contract expires.

(68) An employee's total absence on parental leave will not exceed:

  1. in maternity cases, six weeks before the expected date of birth of the child and two years after the actual date of birth of the child; or
  2. In adoption cases, two years from the date of taking custody of a child.

(69) Except for a period of two weeks immediately following the birth, each parent shall take paid maternity, adoption or parental leave at different times.

(70) Parental leave, paid or unpaid, may be taken by either parent, provided that the parent taking the leave is the primary carer of the child. Where the employee is not the birth mother, the the University will require a statutory declaration:

  1. detailing the other parent's leave arrangements;
  2. confirming that the employee will be the primary carer of the child; and
  3. confirming that the employee is taking leave for the purpose of caring for the child.

Maternity Leave

(71) An employee who has more than forty weeks' continuous service immediately prior to the expected date of birth is entitled to maternity leave to the value of twenty six weeks' pay.

(72) An employee may take maternity leave at:

  1. twenty-six weeks at full pay or fifty-two weeks at half pay; and
  2. take maternity leave without pay up to the second birthday of the child; or
  3. return to work at a reduced fraction up to the second birthday of the child.

(73) An employee may apply for a lesser period of paid leave, in which case the balance of the paid leave is forfeited.

(74) Where it is not commenced prior to the birth of the child, the twenty six weeks of paid maternity leave shall commence no later than the date of birth.

Adoption Leave

(75) The eligibility requirements and paid leave provisions of clauses 71 to 74 (Maternity Leave) apply to a staff member who is adopting a child who is up to two years of age.

(76) An employee adopting a child older than two years of age is entitled to fourteen weeks' paid leave.

(77) A staff member who is taking permanent custody of a foster child is also eligible to take adoption leave in accordance with clauses 75 and 76. In such cases, the employee is required to provide verification that the foster care arrangement is of a permanent nature in the form of either:

  1. documentation from the relevant Government department; or
  2. a statutory declaration.

(78) Should the foster care arrangement cease unexpectedly during the period of adoption leave, the employee is required to inform the the University and adoption leave shall cease.

Return to Work After Parental Leave

(79) An employee who returns to work after parental leave has a right to return to his or her former position, subject to clause 81, irrespective of whether the parental leave was taken on a full-time or part-time basis.

(80) The right of return to the former position shall be forfeited when an employee does not resume duty at the expiration of the approved period of parental leave.

(81) Where the employee's former position has been abolished during the period of parental leave, the employee shall be transferred to a position at the same classification level, and where practicable, in the same location as the former position or elect to be retrenched. The employee shall be consulted in advance of the employee's return to work concerning any such transfer or election.

(82) An employee may apply under the provisions of the Enterprise Agreement to work part-time for a set period after return from parental leave, before returning to his or her previous full-time position. Any part-time work arrangement that is agreed will be recorded as a variation to the contract of employment between the the University and the staff member. The arrangement will specify whether and when the staff member will return to full- time employment.

Subsequent Applications for Paid Parental Leave

(83) Where an employee has previously taken the equivalent value of the 26 weeks at full pay referred to in clauses 71 to 74 and either becomes pregnant or adopts a child and wishes to take paid parental leave:

  1. two years or less after completion of the previous period of parental leave, the employee is eligible to receive fourteen weeks' paid parental leave only; or
  2. more than two years after completion of the previous period of parental leave, the employee is eligible to receive the parental leave referred to in clauses 71 to 74.

Applications for Maternity Leave

(84) An employee who intends to proceed on maternity leave shall apply, in writing, at least eight weeks prior to the commencement of such leave. An application shall be accompanied by advice as to whether leave is sought on a full-time or part-time basis and a medical certificate indicating the expected date of birth.

(85) Before commencing maternity leave, an application to vary either the period of leave or any election made concerning part-time or full-time arrangements may be made a number of times by giving a minimum of four weeks of notice in writing.

(86) After commencing maternity leave, an application to vary either the period of leave or any election made concerning part-time or full-time arrangements may be made by giving a minimum of four weeks of notice in writing. Approval is only likely to be given in the event of the variation being consistent with any contractual commitments which the the University has entered into with replacement employees.

Leave Immediately Prior to or During Maternity Leave

(87) Where an employee wishes to cease duty before maternity leave commences, an application may be made for annual leave or long service leave to credit or leave without pay.

Premature Birth, Still Birth or Miscarriage

(88) An employee who gives birth prematurely before commencing maternity leave shall be regarded as being on maternity leave from the first working day she enters on leave to give birth to the child and any previous leave arrangements will be negated.

(89) In the event of stillbirth, an employee may take up to six weeks maternity leave, provided that a medical certificate shall be furnished by the employee.

(90) In the event of a miscarriage, an employee may take up to two weeks special leave and/or sick leave, provided that a medical certificate shall be furnished by the employee.

Fitness to Continue Working During Pregnancy

(91) Where an employee decides to work during the period of six weeks prior to the expected date of birth, the the University may require a medical certificate confirming that the employee is fit to work during the final weeks of the pregnancy.

(92) Where an employee is unable to carry out the duties of her position because of risk associated with her pregnancy, the the University shall as far as practicable provide employment to the employee in some other position, provided she is able to perform the duties satisfactorily. The position to which the employee is transferred under these circumstances shall be as close as possible in status to her substantive position without loss of salary.

(93) An employee may apply to work on a part-time basis during the period leading to the birth of the child.

Notification of Date of Birth

(94) As soon as practicable after the birth of the child, an employee shall notify the the University in writing of the child's date of birth or stillbirth.

Applications for Adoption Leave

(95) An employee who expects to take custody of a child shall notify the the University in writing as early as practicable of the intention to take adoption leave. An application shall be accompanied by written advice as to whether leave is sought on a full-time or part-time basis.

(96) Before commencing adoption leave, an application to vary either the period of leave or any election made concerning full-time or part-time arrangements may be made a number of times by giving a minimum of four weeks of notice in writing.

(97) After commencing adoption leave, an application to vary either the period of leave or any election made concerning full-time or part-time arrangements may be made by giving a minimum of four weeks of written notice. Approval is only likely to be given in the event of the variation being consistent with any contractual commitments already entered into with replacement employees. Variations shall be approved where the full entitlement has not already been exhausted.

Ceasing Duty Before Taking Custody

(98) Where an employee wishes to cease duty before the date of taking custody of the child, an application may be made for annual leave or long service leave to credit or leave without pay.

Applications for Parental Leave

(99) An employee who intends to proceed on parental leave shall apply in writing at least eight (8) weeks (or as soon as practicable in the case of adopting a child) prior to the commencement of such leave. An application shall include advice as to whether leave is sought on a full-time or part-time basis, a medical certificate indicating the expected date of birth and a statutory declaration detailing the other parent's leave arrangements confirming that during the period of leave the applicant will be the primary carer of the child and that the leave is to be used for that purpose. Parental leave arrangements may be altered with the approval of the Vice-Chancellor (or nominee).

Premature Birth - Parental Leave

(100) Where the mother of the child gives birth prematurely before the commencement of parental leave, the employee may adjust such leave to commence from the date of the birth of the child.

Calculation of Salary Progression and Leave Accrual

(101) Any period of paid maternity, adoption or parental leave shall count as service for the purposes of determining salary progression. Any period of unpaid maternity, adoption or parental leave shall not count as service for the purposes of determining salary progression.

(102) Maternity, adoption or parental leave on full-pay shall count as service for the purpose of determining all forms of leave, and on half-pay shall count as service on a pro-rata basis for determining all forms of leave.

(103) Unpaid maternity or adoption leave shall not count as service for determining any form of leave entitlement.

(104) Unpaid parental leave shall not count as service for the purposes of determining salary progression or any form of leave entitlement.

Part-time Parental Leave

(105) During a period of approved part-time maternity, adoption or parental leave, the hours to be worked shall not be less than 2/5 and not greater than 4/5 of the full-time ordinary hours of work for the position.

(106) An employee may resume full-time employment by giving four weeks' written notice. On resumption of full-time duty, the period of part-time service shall be converted to the full-time equivalent and allowed as credit for all leave purposes.

Casual Employment During Parental Leave

(107) After six weeks from the actual date of the birth of the child, an employee may be employed on a casual basis during periods of unpaid maternity leave.

(108) An employee may be employed on a casual basis during periods of unpaid adoption leave or parental leave.

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Section 5 - Purchased Leave

(109) The purpose of purchased leave is to provide for more flexible work arrangements to assist employees achieve a better balance between work responsibilities and personal commitments.

(110) An employee may "purchase" up to four weeks of leave per annum in addition to their normal annual leave entitlement, to be funded through a deduction from the employee's salary over a twelve month period.

General Conditions

(111) Applications for purchased leave will be considered subject to operational requirements.

(112) Employees may apply to purchase leave entitlements of either one, two or four weeks.

(113) Purchased leave is accrued on a daily basis from the commencement of salary deductions and can be taken as accrued, with the approval of the supervisor.

(114) The minimum period of purchased leave that can be taken at any one time will be one day.

(115) All purchased leave must be taken within three months of the final salary deduction.

(116) Upon cessation of the purchase leave agreement, a reconciliation of the employee's purchased leave will be conducted to ensure that the deductions processed were equal to the value of the purchased leave taken. The reconciliation will take into account any salary changes during the period, including salary increases, increments, higher duties allowance etc.

(117) If the reconciliation results in a difference between the amount deducted and the value of the leave taken, the employee will be required to make additional payments to address any deficit or will receive reimbursements for any credit as applicable.

(118) Periods of purchased leave are recognised as service at the substantive fraction for all purposes.

(119) General staff members taking purchased leave are expected to keep their flexi-time credits below sixteen hours in each accounting period.

Eligibility

(120) To be eligible for purchased leave an employee must have on the date of application:

  1. completed six months service with the the University; and
  2. an annual leave balance of less than twenty days; and
  3. a long service leave balance of less than three months; and
  4. continuing employment or at least eighteen months remaining on their fixed term appointment; and
  5. taken all leave purchased previously.

Effect of Purchased Leave on Salary

(121) Upon approval of participation in the purchased leave arrangement, the employee's annual salary will be adjusted commensurate with the amount of leave purchased. This deduction will be expressed as a fixed percentage of salary and the amount adjusted with any salary movement.

Number of weeks purchased Deducted over 12 months
4 weeks additional leave 8.0769% per fortnight
2 weeks additional leave 4.0385% per fortnight
1 weeks additional leave 2.01925% per fortnight

Effect of Purchased Leave on Superannuation and Salary Packaging

(122) The employer superannuation contribution will be based on the employee's ordinary salary (i.e. the substantive amount).

(123) Employees should seek financial advice prior to their application for purchased leave.

Purchased Leave Conditions

(124) An employee who becomes ill while on purchased leave and who has sick leave to credit may apply for sick leave (a minimum of 5 days) and to have re-credited that period of purchased leave during which the illness occurred, subject to the employee notifying their supervisor at the earliest opportunity of the situation and obtaining the required medical evidence. The illness and supporting medical certificates referred to directly above must be for a period of at least five consecutive days before sick leave shall be granted and the leave re-credited.

(125) The effects on employee entitlements are set out below.

Entitlement Effect of Purchased Leave
Annual Leave Long Service Leave Sick Leave Carers Leave Special Leave Public Holidays Parental Leave Paid at purchased leave salary rate Entitlement is not reduced by purchased leave
Annual Leave Loading Paid on ordinary salary rate Purchased leave does not attract leave loading
Allowances Overtime Paid at the ordinary salary rate
Higher Duties Allowances (HDAs) The HDA, being the difference between the ordinary rate of pay and the higher rate, is paid in addition to the purchased leave salary rate HDA is not paid during periods of five or more days of purchased leave

Termination of Salary Deductions for Purchased Leave

(126) An employee may lodge a written request to the delegated officer to have salary deductions terminated, and may request the purchased leave balance to be paid out, where exceptional personal circumstances can be proven.

(127) Where an employee is seconded or appointed to another position, salary deductions will be terminated unless the receiving Faculty/Division agrees to continue the arrangement.

(128) Where an employee proceeds on leave without pay up to and including two months, deductions will be suspended and no purchased leave will accrue during this period.

(129) Where an employee proceeds on leave without pay in excess of two months, salary deductions will be terminated and the balance reconciled.

(130) On termination of purchased leave arrangements, the employee's salary will revert to the ordinary salary rate for all salary and leave purposes

(131) On termination or redundancy the purchased leave balance will be reconciled and the final pay will be calculated on the ordinary salary rate.

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Section 6 - Carers Leave

Entitlement

(132) An employee who has responsibility for a member of their immediate family or a member of their same household may apply to take sick leave to credit or for leave without pay for a lengthy period, for the purpose of caring for or supporting the person(s) referred to in this subclause who are ill.

Immediate Family

(133) Immediate family refers to an employee's spouse or former spouse, de facto spouse or former de facto spouse (de facto spouse includes same-sex, transgender, intersex and heterosexual partnerships); or their child or adult child (including their adopted child, step child, ex-nuptial child or foster child), parent, brother, sister, grandparent, grandchild, mother-in-law, father-in-law, brother-in-law or sister-in-law. Other kinship and family networks may be considered on a case by case basis.

(134) Where an employee holds such kinship or family networks he or she may request that his or her supervisor give consideration to an application for Carers Leave.

Taking of Carers Leave

(135) In all other respects, the taking of carers leave shall be regulated by the provisions and procedures that apply to sick leave including the requirements with respect to the furnishing of a medical certificate and wherever applicable the giving of prior notice of absence to his or her supervisor.

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Section 7 - Special Leave

Purpose

(136) A full time employee (other than a casual employee) shall be entitled to ten working days of paid special leave from 1 January each year. The unused component of the annual special leave entitlement shall not be cumulative.

(137) The special leave entitlement for a part-time employee shall be calculated on the appropriate fraction of the special leave entitlement for a full-time employee.

(138) Employees appointed after 1 January of a calendar year shall have their special leave entitlement for that year calculated on a pro rata basis.

(139) The unused component of the annual special leave entitlement shall not be paid out on termination.

(140) Special leave shall be kept to the minimum time necessary in the particular circumstance

(141) An employee may use special leave during the following absences:

  1. within one month of their current partner giving birth to a child for whom the employee has parental responsibilities;
  2. giving birth to a child for whom the employee has parental responsibilities, where the employee is not eligible for paid maternity leave;
  3. taking custody of a foster child for whom the employee has parental responsibilities;
  4. to attend meetings or training associated with his or her union delegate activities;
  5. upon the death of a member of the employee's immediate family or their same household. The Vice-Chancellor (or nominee) may require an employee to provide satisfactory evidence of the death of the member of the employee's immediate family or household;
  6. to meet cultural or religious obligations, or for an employee who is a member of an Aboriginal or Torres Strait Islander community to meet ceremonial obligations or prepare for or attend National Aboriginal and Islander Day Observance Committee (NAIDOC) Week functions;
  7. to undertake activities of direct benefit to the community (for example blood donation, and emergency assistance including fire-fighting); or
  8. to attend to, and travel to, and from examinations for courses approved by the Vice-Chancellor (or nominee), retirement seminars or personal emergency situations such as fighting fires or floods.
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Section 8 - Defence Force Leave

Entitlement and Purpose

(142) Leave of absence on full-pay for a period not exceeding ten working days in any calendar year may be granted to an employee who is a volunteer part-time member of the Defence Force. Such leave may be granted for the purpose of deployment, attending a training camp, drill parade, school, class or course of instruction.

Additional Leave

(143) Where a period of leave is sought that exceeds ten working days in any period of twelve months, additional leave may be approved by the Vice-Chancellor (or nominee) for such period payable at the rate of the difference between the employee's ordinary salary and the defence force pay.

(144) The additional leave of absence approved shall commence on and from the first working day immediately following the expiration of the leave of absence on full-pay provided for in clause 143 and shall cease on the day when the employee last becomes entitled to defence force pay for the period of additional leave of absence approved.

Application for Defence Force Leave

(145) An application for defence force leave shall be accompanied by evidence of the requirement to attend. At the expiration of such leave, a certificate of attendance shall be furnished. Where leave of absence has been approved payable at the rate of the difference between employee's ordinary salary and defence force pay, the employee shall furnish a detailed certificate of the defence force pay received.

(146) Where an employee is called for full-time National Service Training or full-time defence force duty because of a defence emergency, the employee may be granted leave with pay for the period required to render service with the Defence Force payable at the rate of the difference between the employee's ordinary salary and the defence force pay.

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Section 9 - Leave Without Pay

Purpose

(147) Leave without pay may be granted for appropriate purposes at the discretion of the Vice-Chancellor (or nominee).

Public Holidays during Leave Without Pay

(148) Where an employee is absent on leave without pay and the total period of such leave does not exceed five working days, the employee shall be paid for public holidays occurring during such absence.

Leave Without Pay to Count as Service

(149) Leave without pay not exceeding two months per calendar year shall be recognised as service for the accrual of other forms of leave and for salary progression.

(150) Approved leave without pay which is taken for the purpose of illness, defence force service, to accept a position with the United Nations or other similar major international organisation or to attend an approved training course shall be recognised as service for the accrual of other forms of leave and for salary progression.

Leave Without Pay for Family Responsibilities

(151) Leave without pay may be granted, without first utilising other forms of paid leave, to enable employees to undertake family and parental responsibilities, such as to provide long term care of a close relative or family member who is ill, to minimise disruption to dependent care arrangements or to care for children during school holidays.

Superannuation Obligations

(152) An employee will be required to meet all superannuation obligations applying to the relevant fund during a period of leave without pay.

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Section 10 - Public Holidays

Days of Observance

(153) The the University shall observe as Public Holidays the days proclaimed for the jurisdiction in which the respective campus is located.

Requirement to Attend Work

(154) The Vice-Chancellor (or nominee) may require the attendance of an employee to work on a public holiday. In requiring such attendance, the the University shall endeavour to restrict such attendance to those employees who wish to work on such days.

Payment of Overtime

(155) An employee required to work overtime on a public holiday shall be paid at the rate of double time-and-a-half for all hours worked on such day, with a minimum payment of three hours for such work.

Seven Day Shift Workers

(156) Where a public holiday falls due on a day on which a "seven day shift work employee" is rostered off duty or on annual leave, the the University shall add one day to the employee's annual leave entitlement. Provided that this provision shall only apply to those employees who accrue annual leave at the rate of twenty days per annum.

Annual Leave

(157) Where a public holiday falls on a day on which an employee is on annual leave, such a day shall not be debited against the employee's annual leave entitlement. Provided that this provision shall not apply to those employees referred to in clause 156 hereof.

Bank Holiday

(158) The Vice-Chancellor shall grant a holiday, on a day to be determined by the the University, in lieu of the Bank Holiday.

Annual Close-Down

(159) The Vice-Chancellor may approve the annual close-down of all or part of the the University during the Christmas/New Year period in any year for the purpose of providing an annual holiday. Where the the University is closed down during such a period, an employee shall be required to take annual leave to credit, flextime to credit (or debit) or other accumulated time, except on a day where a public holiday falls due or a day is granted by the Vice-Chancellor in lieu of the Bank Holiday.

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Section 11 - Jury and Witness Service

Jury Service

(160) An employee (other than a casual employee) who is required to attend for jury service shall be considered to be on duty while serving in such a capacity. Any monies paid to an employee (other than meal or travel expenses) by the court while serving as a juror shall be paid by the employee to the the University.

(161) An employee shall notify their supervisor as soon as possible of the date(s) on which he or she is required to attend for jury service.

(162) An employee who is required to attend for jury service shall provide their supervisor with documentary evidence of attendance, the duration of such attendance and the amount paid in respect of such jury service.

Employee Called as a Witness

(163) An employee (other than a casual employee) subpoenaed or called as a witness in an official capacity, or by the Crown, shall be considered to be on duty while serving in such a capacity. Any monies paid by a third party to an employee whilst serving as a witness shall be paid by the employee to the the University, except where the the University has not made payment for the expenses incurred by the employee (e.g. sustenance, travel or meal expenses).

(164) An employee who is subpoenaed or called as a witness in a private capacity shall be granted leave without pay by the Vice-Chancellor (or nominee) for the period of absence from duty or, alternatively, the employee may elect to take annual leave or long service leave to credit and to retain any monies paid to him or her as a witness.