1Purpose
ABMN supports and encourages staff to use leave entitlements to maintain a positive work-life balance. All staff are entitled to leave in accordance with the relevant awards or agreements and statutory provisions.
As provided under the Fair Work Act 2009 and associated National Employment Standards, ABMN has procedures in place for eligible staff to apply for the following types of leave:
- Annual Leave
- Personal/Carers Leave
- Compassionate Leave
- Community Services Leave
- Long Service Leave
- Parental Leave
The purpose of this procedure is to outline the types of leave ABMN staff may be entitled to and to outline the process for applying for leave.
2Scope
This procedure is applicable to all full time and permanent part time staff employed by ABMN. Unless otherwise specified, casual and contract staff are not covered by this procedure.
3Definitions
Staff member refers to both employees (full time, part time, casual) and contractors engaged under an ABMN Consulting Services Agreement that undertake substantive roles in the ABMN business.
Immediate Family (as defined in Fair Work Act 2009) of a staff member employee means:
(a)a spouse, defacto partner, child, parent, grandparent, grandchild or sibling of the staff member; or
(b)a child, parent, grandparent, grandchild or sibling of a spouse or defacto partner of the staff member
Child A child of a person includes:
(a)someone who is a child of the person within the meaning of the Family Law Act 1975; and
(b)an adopted child or stepchild of the person.
It does not matter whether the child is an adult.
(2)If, under this section, one person is a child of another person, other family relationships are also to be determined on the basis that the child is a child of that other person.
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LSLLong Service Leave
4ABMN Responsibilities
4.1Staff
For all leave requests (whether paid or unpaid) as outlined within this procedure, staff must complete a Leave Application Form when requesting leave. Staff are responsible for obtaining approval from their direct Manager prior to (where relevant) taking leave and attaching original documentary evidence (e.g. medical certificate) where required. Staff should retain copies of their approved leave form for their own records.
4.2Department Managers
It is the Department Manager’s responsibility to ensure that leave is approved in accordance with this procedure. Managers should not unreasonably withhold approval of leave; however, approval will depend on ABMN operational requirements and on the particular circumstance.
4.3Payroll Office
The Payroll Officer will accurately update staff records with details of leave taken and maintain reporting requirements on payroll system. Completed Leave Application forms will be stored according to the Records Management policy.
5Leave Types
The following types of leave are covered under this procedure;
- Annual Leave
- Personal/Carer’s Leave
- Public Holidays
- Compassionate Leave
- Leave Without Pay
- Study Leave
- Parental Leave
- Long Service Leave
- Community Service Leave, and
- Jury Duty
5.1Annual Leave
5.1.1Entitlement
Each full time employee is entitled to a minimum of 20 days annual leave a year (pro-rata for part-time and included in pay rates for casual staff). Leave entitlements are calculated from the date they started work and accrue in accordance with workplace relations legislation or industrial instruments. Annual leave counts towards continuous service (used when calculating long service leave, if applicable).
If a public holiday falls within an employee’s period of annual leave, that day will not be recorded as annual leave.
5.1.2Application for Leave
Staff should complete a Leave Application Form indicating the commencement and end date of their proposed annual leave. Applications for annual leave need to be lodged a minimum of four weeks in advance and to the fullest extent reasonable, be considerate of business cycles and work loads of ABMN.
The completed Leave Application Form, approved by the direct manager should be provided to the Payroll Officer for processing and filing.
5.1.3Excessive Accrual of Annual Leave
When an employee has accrued an amount of annual leave in excess of 8 weeks, the Company may direct an employee to take annual leave so long as the employee is left with a minimum balance of four weeks’ accrued annual leave.
5.1.4Business Close Down
Employees may be notified to take accrued annual leave for business close down periods. If insufficient leave is accrued, ABMN may direct an employee to take unpaid leave for the close down period by providing a minimum of four (4) weeks’ notice of such close down.
In some circumstances, leave in advance of what leave has accrued may be approved. This is conditional on the employee agreeing to the business deducting any advance in the event of termination, or to the employee accepting leave without pay.
5.1.5Payment of Annual Leave
When annual leave is granted, it is paid at the employee’s base rate of pay for the ordinary hours they would have worked during the period.
5.2Personal or Carer’s Leave
5.2.1Entitlement
Full time permanent staff are entitled to a minimum of 10 days of personal/carer’s leave every 12 months (pro-rata for part time employees) which can all be taken as carer’s leave if required. Paid personal leave accrues monthly and is accumulated over the period of employment.
Casual staff are not entitled to paid personal/carer’s leave.
5.2.2Application for Leave
Staff should notify their direct manager as soon as possible if they are unable to attend work due to illness or injury.
ABMN requires staff to provide documentary evidence (eg medical certificate) prior to approving a request of three or more consecutive days paid personal leave or personal leave taken directly before or after a weekend or public holiday or as otherwise requested by Management.
Where such documentary evidence is not provided with the completed leave application form then the leave will be processed as Annual Leave or Leave Without Pay if no accrued annual leave is available.
The completed Leave Application Form, approved by the direct manager should be provided to the Payroll Officer for processing and filing.
Staff should retain a copy of the approved form for their records.
5.3Compassionate Leave
Compassionate leave is paid leave taken by staff to spend time with a family member/member of the employee’s household, who has a personal illness, or injury, that poses a serious threat to his/her life, or after the death of a family member/member of the employee’s household.
5.3.1Entitlement
Compassionate leave is a stand-alone entitlement that is not deducted from any other leave entitlement. Staff are entitled to 2 days of compassionate leave for each occasion when a member of their immediate family, or a member of their household:
(a)contracts or develops a personal illness that poses a serious threat to his or her life; or
(b)sustains a personal injury that poses a serious threat to his or her life; or
(c)dies.
There is no limit on how often compassionate leave can be taken, as it is dependent on circumstances. Staff can choose to take the leave as one, unbroken period of two days or take two separate periods of one day each.
Casuals receive the same compassionate leave entitlement except it is unpaid.
5.3.2Application for Leave
Staff should notify their direct manager as soon as possible if they are unable to attend work due to death or serious illness of a family member.
On return to the workplace staff should complete a Leave Application Form for the days absent; following approved by the direct manager should be provided to the Payroll Officer for processing and filing.
Staff should retain a copy of the approved form for their records.
5.4Public Holidays
ABMN observes all gazetted public holidays as specified under the Fair Work Act 2009 and the Public Holidays Amendment Act 2008 (VIC).
Section 116 of the Fair Work Act provides that ABMN pay staff at their base rate of pay for the ordinary hours of work on the day or part-day. This means, for example, casual staff who is not rostered on for the public holiday is not entitled to payment for the day, likewise, part-time staff is not entitled to payment for the holiday whose hours do not include the day of the week on which the public holiday occurs.
5.4.1Entitlement
Under the Fair Work Act the following days are public holidays:
- 1 January (New Year's Day)
- 26 January (Australia Day)
- Good Friday
- Easter Monday
- 25 April (Anzac Day)
- Queen's Birthday holiday (on the day on which it is celebrated in a State or a Territory or a region of a State or a Territory)
- 25 December (Christmas Day)
- 26 December (Boxing Day)
- any other day, or part-day, declared or prescribed by a State or a Territory law to be observed generally within a State or a Territory, or a region of a State or a Territory, as a public holiday.
The Fair Work Act also covers substituted public holidays under a State or a Territory law; that is, where the public holiday falls on a weekend and the State or Territory substitutes a weekday to observe the public holiday.
It is not the practice of ABMN to request staff attend work on public holidays, however from time to time due to a workplace emergency, designated staff may be requested to attend a worksite for a day or part day.
5.5Long Service Leave
5.5.1Entitlement
At the completion of 10 years’ service with ABMN,staff are entitled to 2 months (8.67 weeks) paid leave, to be paid at the ordinary gross weekly wage under the Long Service Leave Act 1992 (VIC).
There is no entitlement to long service leave for staffwho have completed less than 10 years’ service. However, if employment is terminated where staff have at least 5 years’ service and less than 10 years’ service, the Act also provides for a pro-rata entitlement after five years, if the employee resigns as a result of:
- illness,
- incapacity or
- domestic or other pressing necessity.
- Application for Leave
When a staff member’s accrued Long Service Leave (LSL) entitlement has reached 2 months (8.67 weeks), the staff member and manager should agree a plan to allow the accrued leave to be taken. Any LSL request less than two weeks should be approved by the Human Resources Manager.
All staff must complete a Leave Application formfor approval of LSL entitlements. Applications for LSL should be made a minimum of four weeks in advance of commencement of leave.
The approved leave form should be handed to Payroll Officer for recording and processing of the leave entitlement. Staff should retain a copy of the approved form for their records.
Once leave has been approved, managers should create an action plan for management of key activities and job role whilst the staff member is undertaking LSL and re-introduction to the workplace on return from leave.
Staff resigning after 5 years’ service, but less than 10 years, must advise in writing if their resignation is due to illness, incapacity or domestic or other pressing necessity for payment of any pro-rata LSL entitlement.
5.6Community Service Leave
5.6.1Entitlement
An employee who engages in an eligible community service activity is entitled to be absent from their employment for a period if:
(a)the period consists of one or more of the following:
(i)time when the employee engages in the activity;
(ii)reasonable travelling time associated with the activity;
(iii)reasonable rest time immediately following the activity; and
(b)unless the activity is jury service—the employee’s absence is reasonable in all the circumstances.
5.6.2Application for Leave
Staff seeking to take temporary absence from work because of community service activities (for example, as a volunteer dealing with an emergency or natural disaster as a member of SES, RFS, Defence Reserveor other recognised Emergency Service Provider) then they should ask management for leave as soon as possible after they become aware of the need to take leave.
Employees must complete the Leave Application Form and gain approval for the leave prior to the commencement of Community Service Leave. The completed and approved leave form must be provided to Payroll Officer for processing. Staff should keep a copy of their approved leave form.
5.7Jury Duty
5.7.1Entitlement
Under the National Employment Standards an employer’s obligation to pay staff (other than casuals) for jury service is capped at ten days in total. If staff are absent because of jury service of more than 10 days in total, ABMN is only required to pay the first ten days of absence at the base rate of pay.
5.7.2Application for Leave
An employee on jury service should supply the official request to attend, the details of attendance and the amount the court has paid them. ABMN will reimburse the employee the difference between this amount and their base salary. The make-up pay will be paid in the normal pay cycle.
5.8Parental Leave
5.8.1Entitlement
Staff (including a de facto or same sex partner, or single person) who are expecting a child or adopting a child are eligible for 52 weeks of unpaid parental leave if they are:
- permanent full-time or part-time with at least 12 months service prior to the expected date of birth or adoption placement
- casual with 12 months regular and systemic service who have a reasonable expectation of continuing regular and systematic work
After birth or adoption, the parent with responsibility for the care of the child is entitled to unpaid parental leave. Pregnant staff may commence leave up to six weeks before the expected date.
Staff may request to extend their leave by a further 12 months (for a total of 24 months maximum), to be submitted in writing at least four weeks before the end of the original 12 months unpaid parental leave.
ABMN will respond in writing within 21 days and may refuse only on reasonable business grounds. The written response will include details if the request is refused.
5.8.2Application for Leave
Staff wishing to take unpaid parental leave must provide written notice at least 10 weeks before starting the leave (or as soon as is practicable) including the intended leave start and end dates. The completion of the Parental Leave Notification Form will be required.
Leave dates or any changes of dates must be confirmed at least four weeks before the leave starts. The manager will confirm the leave and any affected entitlements such as continuous service in writing.
5.8.3Parental leave for partners
Generally, only the parent with responsibility for the care and welfare of the child is entitled to take unpaid parental leave. However, up to three weeks unpaid parental leave may be taken at the same time by both members of a staff couple, with the period of concurrent leave starting on the day of the birth (unless the manager agrees to other arrangements).
5.8.4Adoption
Because ABMN recognises that the timing of placement for an adopted child may be uncertain, staff participating in an adoption process should keep their manager informed of any changes to the likely placement date and commencement of leave.
5.8.5Annual leave
Staff with paid annual leave available, may, in agreement with the manager, take some or all of that leave at the same time as the unpaid parental leave.
5.8.6Time off for antenatal appointments, adoption interviews or examinations
Personal leave may be available for attendance at medical appointments. Appointment times and the availability of leave should be discussed with the manager.
Staff may take up to two days unpaid pre- adoption leave. Staff must provide notice of the leave including expected leave period as soon as practicable (which may be after the leave has started).
If staff require more than two days pre-adoption leave, they should discuss their requirements with their manager.
5.8.7Leave for pregnancy related illness
If a pregnant staff member falls ill during her pregnancy, she may access her ordinary sick leave entitlements, including any accrued leave.
Where the staff member experiences extended illness due to pregnancy, she can access unpaid ‘special maternity leave’ for the period her treating doctor certifies is necessary. Special maternity leave is included in the 52 weeks available unpaid parental leave period.
The employee must make a special maternity leave application as soon as practicable which details the period of leave required. The manager may request a medical certificate and if so, this must be provided by the employee.
5.8.8Loss of a child while pregnant
If the pregnancy ends within 28 weeks before the due date without a live birth, the affected staff member may take unpaid ‘special maternity leave’ for the period her treating doctor certifies is necessary. Unpaid parental leave is not available in this situation, instead special maternity leave applies.
The staff member must make a special maternity leave application as soon as practicable, specifying the expected leave period and providing a medical certificate, if this is requested by the manager.
ABMN will be sensitive to the personal issues associated with this type of leave.