Schedule 5 - Application of leave
1. APPLICATION OF ANNUAL LEAVE AND ANNUAL LEAVE LOADING
1.1 Leave may be taken at a time agreed between the Trades and Services Staff member and the relevant supervisor, and up to twenty days leave may be granted in advance of the date on which the entitlement accrues. The staff member shall be entitled to take his/her full accrued entitlement as a single continuous period.
1.2 Subject to clause 1.7 of this Schedule, where a Trades and Services Staff member ceases employment with the University payment in lieu of annual leave credits up to a maximum of 30 days will be paid on termination, provided that where termination of employment is due to the Trades and Services Staff member's death such payment will be made to the Trades and Services Staff member's estate. Payment in lieu up to a maximum of 30 days will be for all annual leave accrued for each completed year of service plus a pro rata amount for the current year of service calculated on a daily basis.
1.3 Trades and Services Staff will be notified when their annual leave balance is within 5 days of their maximum accrual set out in clause 1.7 of this Schedule and within two weeks of such notice will submit a proposal to their supervisor, for reducing the leave balance which will normally be accepted. In the absence of agreement or if the Trades and Services Staff member fails to submit a proposal within the required time, the Trades and Services Staff member will take annual leave at the direction of the University and his/her leave balance will be adjusted accordingly.
1.4 Subject to both the notification and direction of the University being made to the Trades and Services Staff member, by operation of this Agreement, Trades and Services Staff will be deemed to have been directed to take and to have taken any excess annual leave balance (i.e. greater than the maximum accrual).
1.5 All Trades and Services Staff members shall be entitled to 17.5 per cent of the Trades and Services Staff member's ordinary time earnings for the period of leave accrued, payable in the pay period in which 15 December occurs, with a maximum payment equal to the Australian Statistician's average weekly total earnings of all males (Australia) for the September quarter preceding the date of accrual.
1.6 Staff members may volunteer, in January each year, to receive three and one-half (3.5) days' leave in addition to annual leave. In return they will forfeit their entitlement to payment of annual leave loading in the year in which the leave is taken. These three and a half extra days leave will be taken in accordance with normal University leave processes, but are non-cumulative and must be taken prior to 31 December in any given year. Exit from the scheme is open only in January each year. The additional three and one-half (3.5) days' leave granted will not attract penalty rates if staff work on any one of these days.
1.7 A staff member's maximum entitlement to accrue annual leave shall be limited to 30 working days, subject to this clause. The maximum entitlement to annual leave for a staff member whose ordinary hours of duty are performed over 7 days a week including Sundays and holidays shall be limited to the following:
- 37.5 working days where the rostered time of ordinary duty of the staff member includes at least 10 Sundays during the period of annual leave accrual of the staff member; or
- 30 working days where the rostered time of ordinary duty of the staff member includes less than 10 Sundays during the period of annual leave accrual of the staff member plus an extra 0.75 of a working day in respect of each Sunday so rostered.
2. Application of LONG SERVICE LEAVE
2.1 A Trades and Services Staff member is entitled to choose the time for taking long service leave provided that at least six months' written notice is given, or a lesser time if agreed by the University, and the minimum block of long service leave taken at any one time is two weeks, regardless of the level of leave accrued. A Trades and Services Staff member may apply for leave on full pay; double the period of leave on half pay; or, until the nominal expiry date of this Agreement, half the period of leave on double pay provided the long service leave balance is 19.5 weeks or more.
2.2 A staff member who has a long service leave balance in excess of 15.6 weeks (592.8 hours) at the end of any calendar year will be formally requested by his/her supervisor to enter into an agreement that will specify when, prior to the end of that calendar year, sufficient leave will be taken to avoid the accumulated leave exceeding 15.6 weeks (592.8 hours). The University may deem a Trades and Services Staff member to be on long service leave where his or her balance is in excess of 15.6 weeks at either 1 February or 1 August in any year.
2.3 Where a staff member's time fraction has varied, the staff member may choose to be paid in accordance with one of the following options:
- at the ordinary rate of pay with leave entitlements adjusted pro rata for any variations in fraction during the accrual period; or
- the ordinary rate of pay adjusted to the average fraction over the accrual period as at the date of commencement of leave.
2.4 Payment in lieu of long service leave calculated on a daily basis equivalent of 1.3 weeks per annum will be paid when the staff member's employment with the University is terminated in following circumstance:
- After seven years or more service, including recognised service with another employer;
- After four years' service on the grounds of age retirement, ill-health or death.
3. SICK LEAVE
3.1 On commencement of appointment a Trades and Services staff member will be credited with 30 days sick leave for appointments of 24 months or more and pro rata for appointments of less than 24 months.
3.2 For absences in excess of either 3 consecutive days (including weekends and public holidays) or 6 aggregate days in any working year, a Trades and Services staff member will be required to provide satisfactory evidence of illness or incapacity.
3.3 A Trades and Services Staff member may apply to have accrued sick leave substituted for annual or long service leave on presentation of a medical certificate or statutory declaration that he/she was ill for two or more consecutive days during the period of leave.
3.4 A staff member may convert sick leave on full pay to sick leave on half pay at any time.
3.5 Where a period of illness exceeds the staff member's sick leave credited entitlements, the University may approve sick leave in advance, provided the period of advanced leave will be accrued within the period of appointment.
4. Carer's LEAVE
For the purposes of Carer's Leave, family member shall mean either:
- a member of the Trades and Services Staff member's household; or
- a member of the Trades and Services Staff member's immediate family.
"Immediate family" includes spouse, child, parent, grandparent, grandchild, sibling, or any other person with whom the University is satisfied that the staff member has a bona fide immediate family relationship.
“Spouse” includes spouse, de facto spouse, former spouse, and former de facto spouse.
“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.
"Child" includes a dependent or adult child (including an adopted, step or ex-nuptial child).
5. Application of Other LEAVE
5.1 The approval of ceremonial or sporting leave is subject to application at least 2 weeks prior to the intended commencement of leave.
5.2 If required for jury service whilst on annual leave or long service leave, no deduction will be made from a Trades and Services Staff members' annual or long service leave credits for any jury service attendance.
6. Application of PARENTAL LEAVE
6.1 Four weeks' notice of parental leave will be required.
6.2 Incremental advancement shall continue during Parental Leave.
Maternity Leave and Adoption Leave
6.3 Maternity leave will commence no earlier than 6 weeks prior to an expected birth date unless medical evidence recommends otherwise. On at least 14 days' notice, a supervisor may direct a pregnant Trades and Services Staff member to commence maternity leave at any time within 6 weeks prior to the expected birth date. All adoption and maternity leave on full pay must be taken as a continuous period.
6.4 A staff member's annual leave management obligations under clause 1 of this Schedule continue to apply regardless of any absence on parental leave.
Return to Work After Maternity Leave, Adoption Leave or Parental Leave (Spouse/Partner Birth)
6.5 At the end of a period of paid or unpaid Maternity Leave, Adoption Leave or Parental Leave (Spouse/Partner Birth) a Trades and Services Staff member is entitled to resume work on the same substantive classification, fraction of employment, and salary and with commensurate duties as applied prior to the commencement of the leave subject to the provision of at least 4 weeks' prior confirmation of return.
6.6 With 6 weeks' notice prior to return, a Trades and Services Staff member returning from parental leave and who remains as the child's primary caregiver may request a reduced working year arrangement in accordance with Clause 45, or a reduced fraction for a specified period of time.
38 Weeks Maternity Leave (Return to Work Conversion Option)
6.7 At the time of applying for leave, a staff member entitled to 38 weeks' leave at 60% of pay (or a monthly pro rata equivalent) in accordance with Schedule 3, paragraph (m) who intends to return to work prior to the expiry of some or all of the 38 week period, may choose to use the unexpired period (or its equivalent cash value) for any of the following return to work options:
- Returning to work on a reduced fraction at full salary, subject to having taken at least 26 weeks' paid parental leave, for the duration of the unexpired period or until the staff member returns to his/her substantive fraction, whichever is the earlier.
- Payment of the unexpired period as a lump sum, a fortnightly allowance or child care fees for University-provided child care (subject to the staff member assuming liability for any FBT costs)
- Where the staff member reduces his/her intended period of parental leave with the University's agreement, banking of the unexpired period for use as salary payment during any future period of unpaid parental leave, with payment at the ordinary rate of pay applying when the banked leave is taken.
6.8 The staff member may change his/her election on 14 days' written notice and the University may charge the staff member an administration fee to cover any costs incurred. Any unused portion of the staff member's entitlement to leave at 60% of pay remaining at the termination of employment will be foregone and the University will have no liability to make any payment in lieu for such entitlement foregone.
Right to Share 38 Weeks Leave with Spouse
6.9 Where a staff member and his or her spouse are employed by the University and share primary care responsibility for the child, either staff member may use some or all of the 38 weeks leave at 60% pay, provided that the combined entitlement taken by both partners will be limited to a maximum of 38 weeks subject to the adoption leave limitation in Schedule 3, paragraph (n).
Return to Work Deed
6.10 A staff member shall enter into a return to work deed as a condition of payment for some or all of the 38 weeks leave at 60% of pay available under Schedule 3.
6.11 Such a deed will specify that return to work must be for a period equivalent to the period of leave at 60% of pay (or the value of any return to work conversion option) taken, and the staff member will repay any shortfall in the event of resignation prior to this period's expiry, with any balance outstanding to be deducted from any entitlements otherwise due to the staff member on resignation.
6.12 A staff member's parental leave will be cancelled where the staff member:
- returns to work following parental leave;
- ceases as the adopted child's primary caregiver following the date of placement;
- ceases to accept responsibility for the ongoing care of the child in the case of spouse/ partner birth leave;
- has applied for maternity leave and her pregnancy ends other than by the birth of a living child, whether or not maternity leave has commenced; and/or
- ceases as the child's primary caregiver during maternity leave and any entitlement to paid maternity leave at her full ordinary rate of pay has been exhausted.
Termination or Still Birth
6.13 Where a Trades and Services Staff member's pregnancy has proceeded for at least 20 weeks and her pregnancy either terminates or results in a still born child, the Trades and Services Staff member will be entitled to a maximum aggregate continuous period of 26 weeks' paid and unpaid leave comprising either:
- paid leave equivalent to that in Schedule 3, paragraph(m) of this Agreement as applicable; or
- where the staff member has already commenced such leave, the balance remaining of such leave and unpaid leave.
- Provided that the maximum aggregate continuous period may be extended to 52 weeks where certified by a medical practitioner. The Trades and Services Staff member will resume duty at a time agreed upon in consultation with her supervisor.
6.14 A staff member on unpaid maternity leave who has an accrued sick leave entitlement and becomes ill as a result of her pregnancy or childbirth is entitled to be placed on sick leave for the period of illness subsequent to the expiration of her paid maternity leave, provided she submits a medical certificate or statutory declaration in support.
Adoption Leave - Specific Conditions
6.15 For the purposes of adoption leave, “child” means a child or children of the Trades and Services Staff member through an adoption process who is not the birth child of the Trades and Services Staff member or the Trades and Services Staff member's partner and who has not lived continuously with the Trades and Services Staff member for a period of six months or longer.
6.16 The provisions for maternity leave apply in the same manner to adoption leave.
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