Premier & Cabinet

Type:
Department of Premier and Cabinet Circular
Identifier:
C1997-06
Status:
Archived

C1997-06 Family and Community Service Leave, Personal/Carer's Leave and Flexible Use of Other Leave Entitlements

Detailed Outline

In Circular No. 96-51 agencies were advised that work arrangements to assist employees to reconcile work and family responsibilities would be enhanced by the introduction of Personal/Carer's Leave. The circular also signalled the intention to develop a determination in consultation with the Labor Council and public sector unions and had, as an attachment, the standard clause adopted in the Personal/Carer's Leave judgment.

Briefly, Personal/Carer's Leave allows employees to take leave of absence to either provide care or support for a family member who is ill or for personal reasons. Access to both paid sick leave and time off in lieu of payment of overtime are specifically for the purpose of caring for a prescribed person. Access to annual leave and 'make-up' time are facilitative provisions which enable employees to combine paid employment with other responsibilities.

The Family & Community Service Leave, Personal/Carer's Leave determination (attached) differs from the standard clause in that:

it provides access to the current year's sick leave entitlement plus sick leave accrued over the previous 3 years. In special circumstances the Chief Executive may approve a grant of additional sick leave; and

where family and community service leave has been exhausted, additional paid family and community service leave of up to 2 days may be granted on a discrete 'per occasion' basis to an employee on the death of a family member.

Any inquiries should be directed to Sue Barr on telephone 9228 5744.

C. Gellatly
Director-General

Family and Community Service Leave, Personal/Carer's Leave and flexible use of other leave entitlements

1. Definitions

The definition of 'family' and 'relative' for these purposes is the same as that provided in the Standard Clause of the State Personal/Carer's Leave Case (30 August 1996). The person who needs the employee's care and support is referred to as the 'person concerned' and is:

(a) a spouse of the employee; or

(b) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

(c) a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

(e) a relative of the employee who is a member of the same household, where for the purposes of this paragraph:

1. 'relative' means a person related by blood, marriage or affinity;

2. 'affinity' means a relationship that one spouse because of marriage has to blood relatives of the other; and

3. 'household' means a family group living in the same domestic dwelling.

2. Family and Community Service Leave - general

(i) The appropriate Department Head may grant family and community service leave to an employee:

(a) for reasons related to the family responsibilities of the employee, or

(b) for reasons related to the performance of community service by the employee, or

(c) in a case of pressing necessity.

(ii) Family and Community Service Leave replaces Short Leave.

(iii) An employee is not to be granted family and community service leave for attendance at court to answer a criminal charge, unless the appropriate Department Head approves the grant of leave in the particular case.

3. Family and Community Service Leave - entitlement

(i) The maximum amount of family and community service leave on full pay that may be granted to an employee is:

(a) 2.5 working days during the first year of service and 5 working days in any period of 2 years after the first year of service, or

(b) 1 working day for each year of service after 2 years' continuous service, minus any period of family and community service leave already taken by the employee,

whichever is the greater period.

(ii) Family and Community Service Leave is available to part-time employees on a pro rata basis, based on the number of hours worked.

(iii) Where family and community service leave has been exhausted, additional paid family and community service leave of up to 2 days may be granted on a discrete, 'per occasion' basis to an employee on the death of a person as defined in Clause 1 above.

4. Use of sick leave to care for a sick dependent - general

When family and community service leave, as outlined in Clause 3 above, is exhausted, the sick leave provisions under Clause 5 may be used by an employee to care for a sick dependent.

5. Use of sick leave to care for a sick dependent- entitlement

(a) The entitlement to use sick leave in accordance with this clause is subject to:

(i) the employee being responsible for the care and support of the person concerned, and

(ii) the person concerned being as defined in Clause 1.

(b) An employee with responsibilities in relation to a person who needs their care and support shall be entitled to use sick leave available from that year's annual sick leave entitlement minus any sick leave taken from that year's entitlement to provide care and support for such persons when they are ill.

(c) Sick leave accumulates from year to year. In addition to the current year's grant of sick leave available under 5(b) above, sick leave accrued from the previous 3 years may also be accessed by an employee with responsibilities in relation to a person who needs their care and support.

(d) The Department Head may, in special circumstances, make a grant of additional sick leave. This grant can only be taken from sick leave accrued prior to the period referred to in Clause 5(c) above.

(e) The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person.

(f) The employee has the right to choose the method by which the ground for leave is established, that is, by production of either a medical certificate or statutory declaration.

(g) The employee is not required to state the exact nature of the relevant illness on either a medical certificate or statutory declaration.

(h) The employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

(i) In normal circumstances, the employee must not take leave under this subclause where another person has taken leave to care for the same person.

6. Time Off in Lieu of Payment for Overtime

(a) For the purpose only of providing care and support for a person in accordance with clause 1 above, and despite the provisions of Clause 3 of the Crown Employees (Overtime) Award, an employee may elect, with the consent of the employer, to take time off in lieu of payment of overtime at a time or times agreed with the employer.

(b) Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

(c) If, having elected to take time as leave in accordance with 6(a) above, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the twelve (12) month period or on termination.

(d) Where no election is made in accordance with paragraph 6(a), the employee shall be paid overtime rates in accordance with the Crown Employees (Overtime) Award.

7. Use of make-up time

(a) An employee may elect, with the consent of the employer, to work 'make-up time'. 'Make-up time' is worked when the employee takes time off during ordinary hours for family or community service responsibilities, and works those hours at a later time, during the spread of ordinary hours, at the ordinary rate of pay.

(b) An employee on shift work may elect, with the consent of the employer, to work 'make-up time' (under which the employee takes time off during ordinary hours for family or community service responsibilities and works those hours at a later time) at the shift work rate which would have been applicable to the hours taken off.

8. Use of other leave entitlements

The appropriate Department Head may grant an employee other leave entitlements for reasons related to family responsibilities, or community service by, the employee. An employee may elect, with the consent of the employer, to take:

(a) recreation leave;

(b) extended leave; and

(c) leave without pay.

9. Grievance and dispute handling process

In the event of any grievance or dispute arising in connection with any part of the provisions of this determination, such a grievance or dispute shall be processed in accordance with the grievance and dispute handling provisions of the relevant organisation.

Overview

Compliance

Not Mandatory

AR Details

Date Issued
Feb 11, 1997
Review Date
Jun 13, 2024
Replaces
Replaced By

Contacts

Contact
Contact us
Phone
02 9228 5555
Publishing Entity
Department of Premier and Cabinet
Issuing Entity
Department of Premier and Cabinet