The purpose of this circular is to advise organisations that I have approved of the attached carer's leave provisions being included in the Uniform (Ministerial) Leave Conditions effective from 1 January 1998.

Unless more generous provisions already apply under an Award, Agreement or Determination, the attached provisions shall apply to all employees whose leave is granted in terms of the Uniform (Ministerial) Leave Conditions.

Any enquiries from the public service and public sector organisations may be directed to the PSMO client contact officer for that department or organisation.

C. Gellatly
Director-General

Issued: February 1998
Contact: Lana Pensky
Telephone: (02) 9228-3565
Email: [email protected]

UNIFORM LEAVE CONDITIONS FOR MINISTERIAL EMPLOYEES IN GOVERNMENT DEPARTMENTS AND EQUIVALENT EMPLOYEES IN CORPORATE BODIES

Please insert the following as subclause (xi) of Clause 7. Leave For Special Purposes in the consolidated circular issued on 23 December 1993:-

(xi) Carer's Leave

(1) Use of Sick Leave

(1.1) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragrpah (c) shall be entitled to use, in accordance with this subclause, any sick leave accruing from 1 January, 1998 in terms of Clause 3. Sick Leave, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.

(1.2) The employee shall , if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned.

(1.3) The entitlement to use sick leave in accordance with this subclause is subject to:

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

(ii) the person concerned being:

(a) a spouse of the employee; or

(b) a defacto spouse, who, in relation to the employee, is a person of the opposite sex to the employee who lives with the employee as the husband or wife of the employee 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 defacto 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 subparagraph:

1. "relative" means a person related by blood, marriage, affinity or Aboriginal kinship structures;

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

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

(1.4) An 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 the absence.

(2) Unpaid Leave for Family Purpose

An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of subclause (1) of this clause who is ill.

(3) Annual Leave

(3.1) An employee may elect, with the consent of the employer, subject to the provisions of clause 1. Recreation Leave, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

(3.2) Access to annual leave, as prescribed in paragraph (3.1) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

(3.3) Where applicable, an employee and employer may agree to defer payment of annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

(4) Time Off in Lieu of Payment for Overtime

(4.1) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

(4.2) 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.

(4.3) If, having elected to take time as leave in accordance with paragraph (4.1) of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

(4.4) Where no election is made in accordance with the said paragraph (4.1), the employee shall be paid overtime rates in accordance with the award.

(5) Make-up Time

(5.1) An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.