Part E - Leave Entitlements

34. Definitions and General Conditions

34.1 For the purposes of this Part:

“paid leave” refers to leave at the ordinary rate of pay.
“days” means working days.
“spouse” includes spouse, de facto spouse, former spouse and former de facto. “De facto spouse” means a person of the opposite or same sex who lives with the staff member as husband, wife or partner of the staff member on a bona fide domestic basis although not legally married to that person.
“family member” means either:
- a member of the staff member's household; or
- a member of the staff member's immediate family which includes spouse, child, grandparent, grandchild, sibling or any other person with whom the University is satisfied that the staff member has a bona fide family relationship.

34.2 All applications for leave must be accompanied by relevant documentary evidence satisfactory to the University that the staff member is entitled to the leave requested.

34.3 Leave entitlements and arrangements in this Agreement do not apply to casual or sessional staff, and no casual or sessional service will count as service in determining entitlements to leave or for any other purpose.

WorkCover and Leave to Count as Service

34.4 The following periods will count as service for leave entitlements and accruals and for severance, termination and resignation purposes:

Any period of paid leave, including long service leave taken on half pay;
No more than 20 days unpaid sick leave continuously or in aggregate in any year of service;
No more than 26 weeks continuous paid or unpaid parental leave;
No more than 20 days unpaid Election or Arbitration leave, or any other unpaid leave continuously or in the aggregate in any year of service.
Time worked on WorkCover rehabilitation with the University after the expiry of make-up pay.

Recognition of Prior Service

34.5 Where the staff member claims recognition of prior service for long service leave purposes , the University will notify the staff member of the amount of recognised service as soon as possible but no later than 12 months after the date of appointment. Where previous service is recognised the University may require that the staff member complete up to 3 years' service with the University before long service leave may be taken.

34.6 Prior service with the following employers will be recognised (subject to application within 6 months of appointment) for up to 10 years

Any Australian University or TAFE Institutes;
The Commonwealth or any State/Territory Public Service and instrumentalities including the armed forces and bodies with which the Public Services have reciprocal relations as published from time to time in the regulations of the Public Service.
Institutions listed in Schedule 2 of the Post-Secondary Education Act which have agreed to reciprocity of recognition of service for long service eligibility purposes.
Other employers by negotiation between the staff member and the University at the time of the staff member's appointment.
The aggregate of any periods of non-continuous recognised service;
Service with CSIRO, Monash University companies, Australian inter-university bodies (e.g. AV-CC) and the TAFE Board (general staff only).

34.7 The following will not count as service for long service leave purposes:

Any period of service subsequent to the date from which a pension is payable under the provision of the Superannuation Act or of such other pension schemes as may apply where the staff member retires on the grounds of age or ill-health;
Any period of service for which payment in lieu of long service leave has been made by a previous employer or for which a staff member has an entitlement to payment in lieu by a previous employer, provided that any such period of service will be included for the purpose of satisfying the requirement that a minimum of ten years be served before long service leave may be taken.

34.8 No deduction will be made from annual, sick or long service leave credits for holidays observed by the University which occur during a period of leave.

34.9 Sick leave credits with employers recognised for long service leave prior service purposes will be transferable up to a maximum of 30 days, and previous service with the University will be counted for sick leave purposes provided any break in service does not exceed 12 months.

Continuity of Service

34.10 Service as an academic fixed-term research-only staff member will be regarded as continuous, provided that any break in service does not exceed 3 months and such breaks do not count as service.