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PERSONAL/CARER'S AND COMPASSIONATE LEAVE

Approving Authority: Council
Establishment Date: 6 July 2011 (EA 2010 - 2013
Date Last Amendment:  
Nature of Amendment:  
Date Last Reviewed:
Responsible Officer: Director, Human Resources


ENTERPRISE AGREEMENT 2010–2013, CLAUSE A25 PERSONAL/CARER'S AND COMPASSIONATE LEAVE

A25.1   [Definitions] For the purpose of these provisions:

  • ‘personal illness’ means that a person is unfit for duty and includes personal injury but does not include any injury for which compensation is payable under the Workers Rehabilitation and Compensation Act, 1986 (SA) as amended.
  • ‘family member’ means:
    • an immediate relative by blood, marriage, adoption, fostering, traditional kinship (including guardian, ward, grandparent, foster-grandparent, step-grandparent, and in-law relative); or
    • a person who stands in a bona fide domestic or household relationship with a staff member including situations in which there is implied some dependency or support role for the staff member.

A25.2   [Paid personal/carer’s leave] applies to staff members other than casual staff members.

A25.3    [Entitlement to paid personal/carer’s leave]  A staff member is entitled to 110.25 hours (equivalent to15 working days) per completed year of service, pro rata for part-time staff.  This entitlement accrues progressively throughout the year and accumulates from year to year.  Notwithstanding this, upon commencing employment each staff member will be entitled to apply for up to the hourly equivalent of six (6) working days of her/his personal/carer’s leave entitlement (or pro rata equivalent) in advance of entitlement. 

A25.4    [Taking paid personal/carer’s leave] A staff member may take paid personal/carer’s leave if the leave is taken:

A25.4.1    because the staff member is not fit for work because of a personal illness or personal injury affecting her/him;
or
A25.4.2    to provide care or support to a member of the staff member’s family who requires care or support because of:
(i)   a personal illness, or personal injury, affecting that person; or
(ii)   an unexpected emergency affecting that person.

A25.5    [Personal/carer’s leave while on annual recreation leave, long service leave or on public holiday]  Where a public holiday falls during a period of personal/carer’s leave, no deduction will be made from a staff member’s personal/carer’s leave credits for the public holiday. If a staff member takes personal/carer’s leave of three (3) days or more whilst on annual recreation or long service leave, this period of time may be recredited and taken as personal/carer’s leave instead. 

A25.6    [Payment for personal/carer’s leave] will be at the staff member’s ordinary rate of pay.

A25.7    [Entitlement to unpaid carer’s leave]  A staff member is entitled to two (2) days of unpaid carer’s leave for each occasion (a permissible occasion) when a member of the staff member’s family requires care or support because of a personal illness or personal injury affecting that person or an unexpected emergency affecting that person.

A25.7.1 [Taking unpaid carer’s leave] 

(i)   A staff member may take unpaid carer’s leave for a particular permissible occasion as a singular period of up to two (2) days or any separate periods to which the staff member and her/his supervisor agree;
(ii)   Unpaid carer’s leave can not be taken during a particular period if instead the staff member could take paid personal/carer’s leave.

A25.7.2 [Discretion to convert annual recreation leave and/or long service leave to provide payment during a period of unpaid carer’s leave] A staff member accessing unpaid carer’s leave for the purposes of this clause A25.7 may apply to take up to two (2) days of her or his accrued entitlement to annual recreation leave or long service leave per occasion.

A25.8    [Entitlement to compassionate leave] A staff member is entitled to two (2) days of compassionate leave for each occasion (a permissible occasion) when a member of the staff member’s family:
(i)   contracts or develops a personal illness that poses a serious threat to that person’s life; or
(ii)   sustains a personal injury that poses a serious threat to that person’s life; or
(iii) dies.

A25.9    [Taking compassionate leave]

A25.9.1    A staff member may take compassionate leave for a particular permissible occasion if the leave is taken:
(i)   to spend time with the affected person; or
(ii)   after the death of the affected person.

A25.9.2    A staff member may take compassionate leave for a particular permissible occasion as:
(i)   a single continuous two (2) day period; or
(ii)   two (2) separate periods of one (1) day each; or
(iii)  any separate periods to which the staff member and her/his supervisor agree.

A25.9.3    If the permissible occasion is the contraction or development of a personal illness, or the sustaining of a personal injury, the staff member may take the compassionate leave for that occasion at any time while the illness or injury persists.

A25.10  [Payment for compassionate leave] will be at the staff member’s ordinary rate of pay.  For casual staff members, compassionate leave will be unpaid leave.

A25.11  [Notice and evidence requirements]

A25.11.1 [Notifying the University] A staff member taking leave under this clause must give her/his supervisor notice as soon as possible (which may be at a time after the leave has commenced) and must indicate the period or expected period of the leave. 

However, the expectation is that she/he will normally inform the University of her/his inability to attend for duty within 24 hours of normal commencement of duty. 

A25.11.2 [Evidence]  A staff member who has taken leave under this clause must, if required to do so by the University, provide evidence that would satisfy a reasonable person that the leave has been taken for the reason specified in either of clauses A25.4, A25.7 and A25.8. 

In the case of:
(i)   [Medical certificate or other relevant evidence] Where an absence exceeds three (3) consecutive working days, a staff member must provide evidence concerning the reason for such leave.  Where a medical certificate is provided, it must be signed by a person registered under the Medical Practitioners Act 1983 (as amended).  A medical certificate, signed by a registered health practitioner, as approved by the Director, Human Resources, will be accepted in lieu of a certificate from a registered medical practitioner. 

(ii)   [Recurring absences] The University may request a staff member with a pattern of recurring and/or frequent absences for leave to provide relevant evidence, such as a medical certificate(s) or other evidence, concerning the reason for any such leave. 

A25.12  [Personal/carer’s leave not paid out] Personal/Carer’s Leave is not paid out on cessation of        employment.

A25.13  [Transition arrangements for academic staff (excepting ex-SACAE staff)] From the commencement of this Agreement, academic staff sick leave entitlements and obligations will be replaced by the provisions of this clause A25.1 to A25.12 for personal/carer’s leave.  In addition, at the commencement of this Agreement academic staff will be provided with commencing balances for personal/carer’s leave of:

(i)   20 working days (for staff with up to five (5) years of service); or
(ii)  40 working days (for staff with greater than five (5) and up to 10 years of service); or
(iii) 60 working days (for staff with greater than 10 years of service).

A25.14  [Transition arrangements for ex-SACAE academic staff]  From the commencement of this Agreement, sick leave entitlements and obligations for ex-SACAE academic staff will be replaced by the provisions of clauses A25.1 to A25.12 for personal/carer’s leave.  Each affected staff member will retain her/his sick leave balance as her/his commencing balance of personal/carer’s leave.

A25.15  [Transition arrangements for all other staff]  From commencement of this Agreement, sick leave balances held by staff will be retained as commencing balances for personal/carer’s leave.


POLICY AND PROCEDURES - TO BE UPDATED NOVEMBER 2011
 
1

[General Staff]

1.1 [Minimum period of sick leave] Subject to clause A25.5.4, the minimum period of sick leave which may be taken is one quarter of an hour.

1.2 [Recording sick leave] All sick leave under these provisions will be recorded via the Employee Self Service.

1.3 [Notification to responsible officer] When notifying the responsible officer of the intended absence as required under A25.5.2, a staff member should, as far as practicable, inform the responsible officer of the nature of the illness and the estimated duration of the absence.

1.4 [Medical Certificate] A medical certificate should:

  • indicate that the applicant was unfit for duty;
  • indicate the period for which the applicant was considered unfit for duty; and
  • be forwarded, via the responsible officer, to Payroll Services, Human Resources Division, as soon as practicable following the absence.

1.5 [Non-provision of medical certificate] If a medical certificate is not provided where required, such leave will be without pay.

1.6 [Illness while on recreation leave or long service leave] Notwithstanding A25.5.4, the entitlement to apply to convert recreation leave or long service leave to sick leave:

1.6.1 will be subject to the availability of sick leave credits; and

1.6.2 will require the production of a medical certificate for the period of illness; and

1.6.3 will not be available where the absence immediately precedes retirement, except in exceptional circumstances approved by the Director, Human Resources.

1.7 [Application for sick leave in advance of entitlement] A staff member who, during the first five years of service with the University, exhausts all sick leave entitlement may apply to the Director, Human Resources to be granted up to one year’s entitlement in advance under the following conditions:

1.7.1 [Debit against future entitlement] Sick leave granted in advance of entitlement will be debited against the staff member's future entitlement.

1.7.2 [Debit balance] Where a staff member ceases to be in the service of the University and has a debit balance of sick leave as a consequence, the University may recoup the amount of paid sick leave in excess of the leave accrued by deducting that amount from any monies owed to the staff member.

1.8 [Leave taken to cover absences through illness or accident] Any leave taken to cover a period of absence through illness or accident, whether sick leave in advance of entitlement or other types of leave, will be subject to normal conditions for such types of leave.
 
2
[Academic staff (other than ex-SACAE academic staff)]

2.1 [Approval of paid absence for illness or accident] will be as follows:

Up to one month Responsible Officer
1 –- 3 months (subject to limits in A25.6.1) Executive Dean
Cumulative period of 3 months or more in any year Director, Human Resources

2.2 [Authorisation and record-keeping] Supervisors must ensure that all absences are appropriately authorised and, where necessary, adequate records maintained.

2.3 [Records of absences] Except where internal or legal requirements (workers compensation, travel insurance) must be satisfied or where otherwise required under specific provisions, records of absences will not normally be kept centrally.

2.4 [Approval of additional paid leave] The Director, Human Resources will approve additional paid sick leave where leave for personal illness is required and a staff member’s accrued entitlement is below the Fair Pay and Conditions Standard.

2.5 [Medical certificates] as required under A25.3 must be provided to the responsible officer, and, in the case of absences of one month or more, to the Executive Dean.  Where approval of extended absence for a cumulative period of three months or more is sought, all documentation will be forwarded to the Director, Human Resources through the relevant Personnel Consultant.

3
[Academic staff (ex-SACAE)]

3.1 [Recording of sick leave] All sick leave will be recorded via the Employee Self Service.

3.2 [Medical Certificates] as required under A25.3 must be forwarded to Payroll Services, Human Resources Division, through the responsible officer (and Executive Dean in cases of extended absences).