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PART 6 - LEAVE |
| The leave provisions of this Agreement do not apply to persons engaged as casual employees by the University. The relevant state Long Service Leave Acts establish the long service leave eligibility for casual employees. |
| | CARER'S LEAVE |
| 97 | An employee may be granted up to a maximum of 2 weeks per calendar year to care for or support a member of the employee's family who is ill or injured. |
| 98 | Carer's leave may be granted for absences up to and including two working days where a statutory declaration has been provided. |
| 99 | Carer's leave absences for periods of three days or more must be supported by a medical certificate declaring the illness and stating its duration. |
| 100 | The employee must have responsibility for the care of the family member concerned. |
| 101 | For the purposes of this Clause 'family' means: | a) | spouse, de facto spouse or same sex partner | | b) | child, including adopted, foster, ex-nuptial or step child | | c) | parent, including foster parent or legal guardian | | d) | grandparent, grandchild or sibling | | e) | another relative who is a member of the employee's household'; and | | f) | For Indigenous Australian employees: | | | aunties, uncles, cousins and significant Indigenous community leaders. |
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| 102 | Carer's leave will not be granted where an employee is absent on another period of approved leave. |
| 103 | An employee with ongoing caring responsibilities has the right to request flexible working arrangements in accordance with this agreement including, but not limited to, a temporary reduction in the number of hours worked per week, variable hours arrangements or job-sharing. |
| 104 | Employees are also entitled to access their annual leave and long service leave entitlements to assist with their family caring responsibilities. |
| | LONG SERVICE LEAVE |
| 110 | Employees (other than casual employees whose eligibility is established by the relevant state Long Service Leave Acts) will be eligible for long service leave as follows:| a) | after ten years service to 65 working days leave on full ordinary rate of pay or 130 working days on half the ordinary rate of pay. | | b) | after 15 years service to 97.5 working days leave on full ordinary rate of pay or 195 working days leave on half the ordinary rate of pay. | | c) | for service between ten years and 15 years leave will accrue proportionately on the basis of 6.5 working days for each completed year of service and a proportion thereof for periods of service of less than one year. | | d) | for service in excess of 15 years, leave will accrue at a rate of 10.869 working days for each completed year of service and a proportion thereof for any period of service of less than one year. | | e) | employees with part-time and casual service will accrue long service leave on a pro-rata basis. |
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| | Long service leave entitlement on cessation |
| 111 | Upon termination of employment of an employee, the University will either:| a) | pay out any long service leave entitlements owing at termination; or | | b) | if the employee is transferring to another Australian University within two months of ceasing with Southern Cross University, pay the equivalent of any accrued long service leave directly to the receiving University, provided that the receiving university agrees and will recognise the accrued long service leave. |
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| 112 | Where an employee has completed at least five years continuous service, but less than ten years continuous service, and their services are terminated by:| a) | the University for any reason other than for serious and wilful misconduct, or | | b) | the employee on account of medically substantiated illness, incapacity, or substantiated domestic or other pressing necessity, or | | c) | reason of the death of the employee, |
a proportionate amount of long service leave on the basis of 4.3 working days for each year of service will be paid. |
| 113 | If an employee has an entitlement to long service leave when they leave the employ of the University, they will be entitled to receive the monetary value of the leave calculated at the ordinary rate of pay that the employee was receiving immediately prior to the cessationof employment. |
| 114 | In the event of the death of an employee, the monetary value of all long service leave for which the employee was eligible at the time of death will be paid to the employee's dependant (as defined by the Australian Taxation Office*) or to the employee's legal personal representative. |
| 115 | Relieving allowance and additional responsibilities allowance will be included in the calculation of the monetary value of leave on cessation of employment if the employee has been paid the allowance for a total continuous period of twelve months or more immediately prior to cessation of employment. |
| | Effect of leave without pay on long service leave |
| 116 | Periods of leave without pay are not to be counted as service where the total period of paid service is less than ten years. Where an employee has completed ten or more years paid service, periods of leave without pay commencing after this time will count as service except when a continuous period of leave without pay exceeds six months. |
| | Recognition of prior service for long service leave purposes |
| 117 | If an employee commenced employment with the University on or after 1 January 1974, their long service leave entitlement will be calculated to include prior continuous service with any recognised Australian University, provided that:
| a) | there is not more than two months break between the cessation of employment with a releasing university and the commencement of employment with the University; | | b) | any period of long service leave actually taken while employed by a previous university employer will not be recognised. |
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| 118 | For any period which the employee has been paid the money value on termination by a previous university employer, such prior service will not accrue a long service leave entitlement, but will be included as qualifying service for determining when the employee is eligible to take long service leave and at what rate the long service leave will accrue. |
| 119 | If an employee has been paid the monetary value of accrued long service leave by their previous Australian University employer, they will not accrue any entitlement to long service leave for this period of service. However, the service will be taken into account as qualifying service when determining the rate of long service leave accrual. |
| 120 | The only prior continuous service with other Australian universities recognised by the University will be that which has been recognised by the releasing institution. Prior service with organisations other than Australian universities will not be recognised even if it has been recognised by the releasing institution. |
| 121 | Where an employee has previous continuous Australian University service and their previous institution transfers the monetary equivalent of their accrued long service leave to Southern Cross University, both the previous service and accrued long service leave entitlement will be recognised when assessing long service leave entitlements with the University. |
| 122 | Broken periods of service with the University will be recognised provided breaks between employment periods do not exceed two months. |
| 123 | Recognition of previous service other than as provided for in these provisions will be a matter for the Vice Chancellor to determine. |
| 124 | Unless agreed otherwise with the relevant delegated officer, general staff employees will be required to serve at least 12 months with the University and academic employees will be required to serve at least three years with the University before being permitted to take accrued long service leave. |
| | Time of Taking Long Service Leave |
| 125 | An employee who has qualified for long service leave will be entitled to take long service leave at a time specified by the employee. An employee intending to take long service leave is required to provide at least three months written notice of such leave. |
| | Direction to take Long Service Leave |
| 126 | Where an employee has accumulated a long service leave entitlement in excess of 85 working days, the University may direct an employee to take a proportion of long service leave subject to the following:| a) | where an employee has accumulated a long service leave entitlement of between 85 working days and 110 working days, the University may give the employee written notice to take between 20 and 40 working days long service leave. | | b) | where an employee has accumulated a long service leave entitlement in excess of 110 working days, the University may give the employee written notice to take between 25% and 50% of that entitlement to long service leave. |
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| 127 | Such leave shall be taken at a time and amount agreed between the employee and Head of Work Unit. |
| 128 | If agreement cannot be reached on the time of taking long service leave, the University shall give the employee written notice of at least 12 months of the date on which the leave must commence. |
| 129 | The employee shall not be directed to take long service leave within the first three years of employment with the University, within two years of their intended date of retirement, or during the period between Christmas and New Year. |
| 130 | Where an employee has taken leave pursuant to this subclause the University shall not require the employee to take a further period of long service leave for two years after the end of that period of leave. |
| 131 | It is recognised that employees may have firm plans to take such accrued long service leave at a particular future point in time. Accordingly, where an employee makes a compelling case for a deferral of the requirements of this clause, the University may approve the deferral. |
| | Cashing out of long service leave |
| 132 | An employee who has accumulated a long service leave entitlement in excess of 65 working days may apply to the relevant delegated officer to convert up to 50% of the leave to a monetary equivalent. The University will ensure that any employee applying to do this will be advised to seek detailed financial advice. |
| 133 | Where any inconsistency exists between this Clause and the provisions of the relevant state Long Service Leave Acts, the provisions of this Clause will prevail. |
| | Sick leave during LSL |
| 134 | An employee who becomes ill whilst on long service leave may apply for sick leave for the period of the illness and request that their long service leave be re-credited for the period involved. The period of their illness whilst on long service leave must be for one week or more and the employee must provide a satisfactory medical certificate covering the complete period. |
| 135 | The provisions of clause 134 will not be extended to employees on long service leave immediately prior to retirement, resignation or termination of employment. |
| | PARENTAL LEAVE |
| | Definitions |
| 136 | Parental leave includes: maternity leave (clauses 145-155), partner leave (clauses 156-159) and adoption leave (clauses 160-167). |
| 137 | 'Nominal commencement date' for the purposes of determining eligibility for payment of parental leave will be: |
| | | a) | maternity leave: 4 weeks prior to the expected date of birth of the child; | | b) | adoption leave: the notified date of placement of the child with the employee; | | c) | for the purposes of determining eligibility for partner leave, 'partner' means husband, wife, de facto partner or same sex partner. |
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| | Payment of Allowances During Periods of Parental Leave |
| 138 | Relieving allowance and additional responsibilities allowance will continue to be paid during periods of paid parental leave if the employee is in the higher position for six months or more. Relieving allowance will not be paid when the total continuous period in the higher position is less than six months. In such cases, should the period in the higher position subsequently be extended beyond six months, the allowance will only be paid during periods of paid parental leave taken after an extension beyond six months has been approved and six months in the higher position has been served. Both relieving allowance and additional responsibilities allowance will be paid at the same rate as the approved parental leave, for example 50% parental leave would result in payment of 50% relieving allowance or additional responsibilities allowance. First aid allowance will be paid during periods of paid parental leave. |
| | Effect of parental leave on entitlements |
| 139 | Parental leave on full pay counts as 100% service and parental leave on half pay counts as 50% service for the accrual of annual leave. |
| 140 | For employees who have not completed ten years service, all parental leave without pay does not count as service for long service leave purposes but does not break continuity of service for the purposes of long service leave. Where ten years service has been completed, parental leave without pay will count as service provided the leave does not exceed six months. If the period of leave exceeds six months the whole period of leave without pay does not count as service. |
| | Return to work |
| 141 | The employee is entitled to return to the substantive position they held immediately prior to proceeding on parental leave. If that position no longer exists, and the employee is qualified for and can perform the duties of other positions in the institution, the University is obliged to place the employee in a position at the same status and remuneration to the substantive position held prior to proceeding on leave. Should a position at the same status and remuneration not be available, the University is obliged to place the employee in the position nearest in status and remuneration to the substantive position held prior to proceeding on leave. |
| | Right to Request |
| 142 | Notwithstanding other provisions within clauses 136-168, an employee entitled to parental leave has the right to request the following: |
| | a) | an increase in simultaneous unpaid parental leave from one week to eight weeks; | | b) | an extension of unpaid parental leave from 52 weeks to 104 weeks; and | | c) | to return to work on a part-time basis until the child reaches school age. |
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| 143 | The University shall consider the request having regard to the employee's personal circumstances and, provided the request is genuinely based on the employee's parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace. |
| | Fixed-term employment and parental leave |
| 144 | Employees with a fixed-term appointment are not entitled to parental leave extending beyond the date on which their contract expires. |
| | Maternity Leave |
| 145 | Female employees who have 12 months or more continuous paid service at the nominal commencement date of maternity leave are entitled to: |
| | | a) | either maternity leave on full pay for the first 26 weeks of their absence; | | b) | or if requested by the employee, maternity leave at half pay for the first 52 weeks of their absence; | | c) | and additional maternity leave without pay to bring the aggregate period of leave up to a maximum of 12 months from the date of commencement of maternity leave. |
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| 146 | To encourage and facilitate employees to return to work, employees who return to work on a full-time basis within the child's first year will also be entitled to up to nine hours paid leave per week, or alternative arrangements for equivalent amounts of time (as approved by the Head of Work Unit) on a fortnightly basis, to be taken up until the child's first birthday. |
| 147 | Employees who return to work on a part-time basis within the child's first year will also be entitled to the paid leave provided for in clause 146 on a pro-rata basis until the child's first birthday. |
| 148 | Employees who are the primary care giver of the child and who have been continuously employed by the University for twelve months at the nominal commencement date but have not been continuously paid during that time are entitled to paid maternity leave on a pro-rata basis. |
| 149 | Part-time employees who are eligible for paid maternity leave will be entitled to payment for that leave on a pro-rata basis. |
| 150 | Where a full-time employee has worked part-time, or a part-time employee's hours of work have been varied in the 12 month period immediately prior to the nominal commencement date, payment for the paid portion of the maternity leave will be based on the average appointment fraction during the preceding twelve months. |
| 151 | Employees who wish to proceed on a second or subsequent period of maternity leave who have at least 12 months continuous paid service immediately prior to the nominal commencement date are eligible for further paid maternity leave in accordance with clause 145. Employees with less than 12 months continuous service will receive payment on a proportional basis. Payment for the paid portion of the maternity leave will be based on the average appointment fraction during the preceding months since return to work. |
| 152 | Maternity leave normally commences four weeks prior to the expected date of birth of the child. Employees who wish to continue working beyond the four weeks prior to the expected date of birth of the child must provide a supporting medical certificate which indicates their fitness for duty. The University will consider requests from employees to commence maternity leave up to 20 weeks prior to the expected date of birth of the child. |
| 153 | The maximum period of maternity leave available is reduced by any periods of paid absence from work taken in lieu or in conjunction with a period of maternity leave. |
| 154 | Employees may not return to work earlier than six weeks after the date of birth of their child unless a medical certificate confirming their fitness for duty is provided. |
| 155 | An employee whose child is stillborn is entitled to maternity leave for up to four weeks following the date of birth. In cases where the employee wishes to return to work sooner than four weeks following the birth, a medical certificate confirming their fitness to return to work is required. |
| | Partner leave |
| 156 | An employee whose partner is the primary care giver of the child, has given birth to a child or adopted a child is entitled to two week's paid leave to be taken during the period two weeks prior to and three months after the expected date of birth or the expected date of placement of the child. |
| 157 | Additional partner leave without pay is available to bring the aggregate period of leave up to a maximum of 12 months from the date of commencement of partner leave. |
| 158 | Paid partner leave will be based on the rate of pay at the time of proceeding on leave. |
| 159 | The maximum period of leave is reduced by any periods of paid absence from work taken in lieu or in conjunction with partner leave. |
| | Adoption Leave |
| 160 | | Employees who are adopting a child aged five years or younger, and are the primary care-giver, and have 12 months or more continuous paid service at the nominal commencement date of adoption leave are entitled to: | | a) | adoption leave on full pay for the first 26 weeks of their absence; or | | b) | if requested by the employee, adoption leave at half pay for the first 52 weeks of their absence; and | | c) | additional adoption leave without pay to bring the aggregate period of leave up to a maximum of 12 months from the date of commencement of adoption leave. |
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| 161 | To encourage and facilitate employees to return to work, employees who return to work on a full-time basis within the child's first year will also be entitled to up to nine hours paid leave per week, or alternative arrangements for equivalent amounts of time (as approved by the Head of Work Unit) on a fortnightly basis, to be taken up until the child's first birthday. |
| 162 | Employees who return to work on a part-time basis within the child's first year will also be entitled to the paid leave provided for in clause 161 on a pro-rata basis until the child's first birthday. |
| 163 | Employees who have been continuously employed by the University for twelve months at the nominal commencement date but have not been continuously paid during that time are entitled to paid adoption leave on a pro-rata basis. |
| 164 | Where a full-time employee has worked part-time, or a part-time employee's hours of work have been varied in the 12 month period immediately prior to the nominal commencement date payment for the paid portion of the adoption leave will be based on the average appointment fraction during the preceding 12 months. |
| 165 | Employees who wish to proceed on a second or subsequent period of adoption leave who have at least 12 months continuous paid service immediately prior to the nominal commencement date are eligible for a further paid adoption leave in accordance with clause 160. Payment for the paid portion of the adoption leave will be based on the average appointment fraction during the preceding 12 months. |
| 166 | Adoption leave commences on the notified date of placement of the child. |
| 167 | The maximum period of adoption leave available is reduced by any periods of paid absence from work taken in lieu of, or in conjunction with, a period of adoption leave. |
| | Casual employees |
| 168 | Casual employees will not be discriminated against in relation to employment at the University as a result of pregnancy or family responsibilities. |
| | Emergency Services Leave |
| 179 | Employees who are members of a recognised emergency services organisation are eligible for up to five days paid leave per calendar year to attend voluntary emergency activities and related training. |
| 180 | Additional paid leave may be granted in exceptional circumstances. |
| 181 | Emergency services leave will only be granted where an employee provides documentary evidence of their training requirements, attendance during emergency situations, and membership of the relevant emergency services association. |
| | EMPLOYEES AS WITNESSES |
| 182 | If an employee is subpoenaed, summonsed or called as a witness on behalf of the University, or is a witness in proceedings relating to a University industrial matter, they will be regarded as being on duty and will not lose salary or leave entitlements. In such cases the employee will not receive any witness fees for the period they are required as a witness. |
| 183 | Where employees are subpoenaed, summonsed or called as a witness on behalf of a party other than the University, or in an industrial matter unrelated to the University, the period of absence will be treated as leave without pay or, if the employee elects, as annual leave, and any witness fees or expenses conceded by the Court may be retained by the employee. |
| | ANNUAL LEAVE |
| 184 | Employees, other than general staff seven day continuous shift workers, are eligible for four weeks annual leave after the completion of each 12 months of service. Seven day continuous shift workers are eligible for five weeks annual leave after the completion of each 12 months of service. |
| 185 | Annual leave may be granted before or after the completion of each twelve months service in broken periods by agreement between the Supervisor and the employee, provided that the period of annual leave granted will not exceed the proportion of the year's annual leave that the employee has accrued at the date of the end of the annual leave. |
| 186 | Where part-time general staff are required to work additional hours on an ad-hoc basis, a loading of one twelfth in lieu of paid annual leave that would normally accrue for those additional hours will be paid. |
| 187 | Annual leave must be applied for and approved prior to commencing a period of annual leave. |
| 188 | Employees are able to access their annual leave entitlements via the human resources information system. |
| 189 | To ensure maximum wellbeing for employees it is recommended that employees take their four week annual leave entitlement each year. |
| 190 | If employees have not taken the full amount of annual leave accrued each year, the University may allow annual leave to accumulate up to a maximum of eight weeks entitlement. |
| 191 | Where an employee has accrued six weeks of annual leave the employee will be advised in writing that their annual leave entitlement will shortly reach the maximum accrual and that they should discuss with their supervisor a mutually convenient time to take leave within six months of the written notice. |
| 192 | Where annual leave accumulates to the maximum of eight weeks, employees will be directed by HR Services to take annual leave, at a mutually convenient time, to reduce their balance to four weeks or less within 12 months of the notice of direction to take leave. |
| | Illness during annual leave |
| 193 | | Where an employee, who is eligible for sick leave, produces a satisfactory medical certificate confirming that they were incapacitated for a period of one working week or more whilst on annual leave, the University will re-credit the employee with the equivalent period of annual leave providing: | | a) | the period of annual leave to be re-credited is at least one working week; and | | b) | the employee applies for sick leave within one week of becoming ill. |
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| 194 | No such re-credit will be granted to a member of staff on annual leave immediately prior to retirement, resignation or termination of service. |
| | Payment in lieu of annual leave |
| 195 | Employees are entitled to receive payment in lieu of annual leave on resignation, retirement or termination up to the maximum allowable accrual in accordance with clause 190. |
| | LEAVE LOADING |
| 196 | The leave loading payment will be based upon 17.5% of four weeks ordinary salary, except that the loading payment for seven day continuous shift workers will be based upon 17.5% of five weeks ordinary salary. The loading will be paid as a lump sum payment on the first payday in December each year. However, where an employee is in receipt of an annualised allowance in lieu of shift penalties they will continue to be paid that allowance during any periods of annual leave instead of receiving the standard leave loading entitlement as a lump sum payment in December where the allowance for the leave period is equal to or greater than the leave loading payment. |
| 197 | Where an employee's employment is terminated for any reason other than misconduct, the employee will be entitled to a pro-rata leave loading payment for completed continuous service (assessed on working days) in that year. |
| 198 | The maximum payment for general staff annual leave loading is based on the maximum salary for a Higher Education Worker Level 10. The maximum payment for academic staff annual leave loading is based on the maximum salary for an academic Level B Year 6. |
| 199 | Where an employee's entitlement to annual leave loading, based on 17.5% of four weeks' salary, is less than the maximum payment as calculated in clause 198, the lesser amount is payable. |
| 200 | Entitlement to annual leave loading is assessed on the basis of leave accrued during the twelve month period between 1 January and 31 December each year. |
| 201 | Where an employee has served less than a full twelve months, a pro-rata entitlement for the period of completed service (assessed on working days) is payable based on the employee's salary or maximum payment as appropriate. |
| 202 | As an alternative to receiving payment of annual leave loading, a full-time employee may elect to receive three and one half days' additional annual leave. The three and one half days are non-cumulative and must be taken prior to the end of the year in which they are received in accordance with normal leave provisions. Part-time employees will receive leave under this clause on a pro-rata basis. |
| | a) | in return for receiving the additional leave, employees will forfeit their entitlement to the payment of annual leave loading, or annualised allowance in lieu of shift penalties as the case may be, in that year and leave loading payments or shift penalties will cease. | | b) | employees wishing to take up the option of additional leave in lieu of annual leave loading must submit a written application to the relevant delegated officer in January or February of the year in which the option is to occur specifying the dates on which the leave is to be taken. |
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| | PUBLIC HOLIDAYS |
| 203 | Employees, other than casual employees, who are not required for duty, will be entitled to observe the following days as holidays without loss of pay: |
| | a) | New Years Day | | b) | Australia Day | | c) | Good Friday | | d) | Easter Monday | | e) | Anzac Day | | f) | Queen's Birthday | | g) | August Bank holiday (to be taken the first working day after Boxing Day) | | h) | Labour Day | | i) | Christmas Day | | j) | Boxing Day | | k) | Any other holiday proclaimed at the discretion of the University | | l) | and all other geographically relevant proclaimed public holidays. |
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| 204 | During the term of this Agreement, alternative arrangements in lieu of proclaimed holidays may be implemented following consultation including the provisions of clause 246. |
| 205 | Further general staff specific provisions are at clauses 425-426. |
