Human Resources LEAVE POLICY & PROCEDURES LEAVE POLICY & PROCEDURES

Transcription

1 Human Resources LEAVE POLICY & PROCEDURES LEAVE POLICY & PROCEDURES

2 Table of Contents INTRODUCTION... 3 Policy Statement... 3 Application of this Policy... 3 Relationship to relevant modern awards and enterprise agreements... 3 Legislation... 3 Related Documents... 3 Abbreviations... 3 ANNUAL LEAVE... 4 CEREMONIAL LEAVE... 6 COMMUNITY SERVICE LEAVE (INCLUDING JURY SERVICE)... 7 COMPASSIONATE LEAVE... 9 LEAVE WITHOUT PAY LONG SERVICE LEAVE PARENTAL LEAVE PERSONAL/CARER S LEAVE PUBLIC HOLIDAYS STUDY LEAVE Page 2 of 22

3 INTRODUCTION Policy Statement The Corporation of the Synod of the Diocese of Brisbane ( the Diocese ) will grant leave entitlements to employees in accordance with this policy, the provisions of the Fair Work Act 2009, the applicable modern award, enterprise agreement and/or contract of employment. Application of this Policy This policy will not apply to Clergy. It will apply to all employees of the Diocese, not otherwise covered by an approved policy or an approved employment provision, including: Award based employees; Enterprise agreement based employees (includes terminology of collective, certified or workplace agreement); and Salaried employees. Any exceptions to this are outlined within the individual leave category. Relationship to relevant modern awards and enterprise agreements This policy should be read in conjunction with the relevant modern award or enterprise agreement for each employee. Where a greater leave provision exists within a relevant modern award or enterprise agreement it will apply above this policy. Legislation Fair Work Act 2009 (specifically Part 2-2 The National Employment Standards ) Industrial Relations Act 1999 Qld (applicable only to LSL provisions) Related Documents Leave Form Parental Leave Form Related Documents to Community Services Commission (Anglicare Southern Queensland) Only Jury Service Leave Information Sheet Little Treasures Maternity Lave Pack Public Holiday Guides Learning and Development Policy and Guidelines Abbreviations Modern Award hereafter referred to as Award Enterprise Agreement hereafter referred to as Agreement National Employment Standards hereafter referred to as NES Fair Work Act hereafter referred to as the Act Leave Policy and Procedures hereafter referred to as the policy The Corporation of the Synod of the Diocese of Brisbane hereafter referred to as the Diocese Manager refers to the local manager or delegate at the employee s workplace Employee Self Service module referred to as ESS Page 3 of 22

4 ANNUAL LEAVE Application of this section This section applies to full time and part time employees. Annual leave is not available to casual employees. Legislative Provisions Entitlement Provisions for annual leave are outlined at division 6 of the NES and may also be contained within relevant Awards and Agreements. Annual leave is a period of paid leave accrued progressively during a year of service and accumulates from year to year. All full-time employees are entitled to a minimum of 4 weeks paid annual leave per annum. All parttime employees are entitled to a pro rata amount of leave. Shift workers may be entitled to an additional week of paid annual leave each year. For employees covered by an Award or Agreement the definition of a shift-worker is contained in that Award or Agreement. For employees who are Award/Agreement free, a shift worker is an employee who: - works in a service where shifts are continuously rostered 24 hours a day, 7 days a week; and - is regularly rostered to work those shifts; and - regularly works on Sundays and public holidays. Payment for annual leave Annual leave entitlements will be paid at the employee s base rate (unless otherwise prescribed within an Award or Agreement). If an employee leaves the organisation for any reason, they will be paid out their accrued leave up to that period. Under the NES, accrued Annual leave is projected into the future from the date of termination and will include payment for any public holidays that fall in the projected period usually worked. Taking annual leave An employee and their Manager may agree on when and how annual leave may be taken. A request to take annual leave may not be unreasonably refused. An employee may only take their current available balance of annual leave. It is not permissible for any employee to take annual leave that they have not yet accumulated. Annual leave and public holidays If a public holiday occurs during a time when an employee is on annual leave, they are not considered to be on annual leave for the ordinary hours they would have worked on that day. Cashing out annual leave Only if their Award or Agreement allows it may employees apply to cash out their annual leave. Cashing out of annual leave for Award/Agreement free employees must be approved by the Executive Director of the relevant Commission or General Manager of the Diocese in consultation with the Director of Human Resources only under exceptional circumstances and must be in accordance with the Act. Provisions of the NES apply requiring a minimum of 4 weeks accrual to be retained. If an employee submits a second or subsequent request that an amount of annual leave be cashed out, they must have taken some paid annual leave (i.e. received a break from work) between the periods of leave being cashed out. As a guide the minimum period of leave that should be taken in this circumstance would be 1 week. However, the Diocese believes that, in the interests of employee well-being, employees should take their entitlement to annual leave each year (i.e. a minimum of four (4) weeks). Page 4 of 22

5 Guiding Principles Where reasonable to expect, and at the discretion of the Manager, at least four (4) weeks notice is required for annual leave requests. Requests lodged and approved close to the applicable pay period may not be processed in time for payment. In the interests of employee well-being and the needs of the Diocese, the Diocese encourages employees to take their annual entitlement to annual leave each year (i.e. a minimum of four (4) weeks). This may be taken in a continuous period or in a number of separate periods. Where reasonable an employee may be requested to take annual leave when they have an excessive amount of paid leave accrued (as a guide, up to two years entitlement) or when a service is shut down (e.g. between Christmas and New Year). Managers to commence discussions at one and a half years accrual (usually 6 week s entitlement). Procedure to apply 1. An employee must complete a Leave Form and submit it to their manager at least four (4) weeks prior to the requested leave date where practicable. Alternatively an employee will be required to submit their leave request via the Employee Self Service module. Leave approval will not be unreasonably refused but will be conditional on consideration of such factors as: - Rostering needs; - Past leave requests; - Available annual leave balance; - Other factors as determined applicable from time to time. 2. Manager to authorise application and notify the employee as soon as practicable prior to the requested leave date, of the outcome of the application. 3. The approved application is to be forwarded to the Service Point administration for processing at least one full pay period prior to the commencement date of leave. Service points that don t have access to Payglobal must forward the Leave Form to the Pay Office for processing. 4. A copy is also sent to Payroll if payment in advance is requested. Page 5 of 22

6 CEREMONIAL LEAVE Application of this section This section only applies to those employees covered by Awards that contain a provision for unpaid ceremonial leave. Legislative Provisions There are no legislative provisions for ceremonial leave. Guiding Principles Entitlement Refer to the relevant Award for information on ceremonial leave entitlement. Procedure to apply 1. An employee must complete a Leave Form and submit it to their manager at least four (4) weeks prior to the requested leave date where practicable. Alternatively an employee will be required to submit their leave request via the Employee Self Service module. Approval will be subject to: - the organisations convenience; and - will not unreasonably affect the operation of the work concerned; but - will not be unreasonably withheld. 2. Manager to authorise application and notify the employee as soon as practicable prior to the requested leave date, of the outcome of the application. 3. The approved application is to be forwarded to the Service Point administration for processing at least one full pay period prior to the commencement date of leave. Service points that don t have access to Payglobal must forward the Leave Form to the Pay Office for processing. Page 6 of 22

7 COMMUNITY SERVICE LEAVE (INCLUDING JURY SERVICE) Application of this section This section applies to all employees with the exception of payment for Jury Service which is not available to casual employees. Legislative Provisions Entitlement Provisions for community service leave are outlined at division 8 of the NES. Enhanced benefits, particularly for Jury Service may be contained within relevant Agreements. An employee who engages in an eligible community service activity (definition below) is entitled to be absent from employment (providing it is reasonable), at the time of engaging in the activity, reasonable travelling time and reasonable rest time immediately following the activity. With the exception of Jury Service all other forms of Community Service Leave are unpaid. Unpaid Jury Service leave is available for casual employees. Paid Jury Service leave only applies to full time and part time employees. Eligible community service activity Each of the following is an eligible community service activity: (a) jury service (including attendance for jury selection) that is required by or under a law of the Commonwealth, a State or a Territory; or (b) a voluntary emergency management activity (see definition below) e.g. SES, Rural Fire Brigade; or (c) an activity prescribed in regulations. An employee engages in a voluntary emergency management activity if, and only if: (a) the employee engages in an activity that involves dealing with an emergency or natural disaster; and (b) the employee engages in the activity on a voluntary basis (whether or not the employee directly or indirectly takes or agrees to take an honorarium, gratuity or similar payment wholly or partly for engaging in the activity); and (c) the employee is a member of, or has a member-like association with, a recognised emergency management body; and (d) either: (i) the employee was requested by or on behalf of the body to engage in the activity; or (ii) no such request was made, but it would be reasonable to expect that, if the circumstances had permitted the making of such a request, it is likely that such a request would have been made. A recognised emergency management body is: (a) a body, or part of a body, that has a role or function under a plan that: (i) is for coping with emergencies and/or disasters; and (ii) is prepared by the Commonwealth, a State or a Territory; or (b) a fire-fighting, civil defence or rescue body, or part of such a body; or (c) any other body, or part of a body, a substantial purpose of which involves: (i) securing the safety of persons or animals in an emergency or natural disaster; or (ii) protecting property in an emergency or natural disaster; or (iii) otherwise responding to an emergency or natural disaster; or (d) a body, or part of a body, prescribed by the regulations; Page 7 of 22

8 but does not include a body that was established, or is continued in existence, for the purpose, or for purposes that include the purpose, of entitling one or more employees to be absent from their employment under this leave provision. Payment to employees on JURY SERVICE (other than casuals) This section applies to employees (excluding casuals) absent from their employment for a period because of jury service. Some Agreements may contain enhanced benefits greater than contained within the NES. Please refer to the relevant Agreement, if applicable, for more information. If an employee is absent because of jury service in relation to a particular jury service summons for a period, or a number of periods, of more than 10 days in total the Diocese is only required to pay the employee for the first 10 days of absence. Subject to meeting the provisions below, the Diocese will pay the employee at their base rate of pay for their ordinary hours of work in the period of jury service. The Diocese will require the employee to provide evidence (for the paid days up to 10) that would satisfy a reasonable person: (a) that the employee has taken all necessary steps to obtain any amount of jury service pay to which the employee is entitled; and (b) of the total amount (even if it is a nil amount) of jury service pay that has been paid, or is payable, to the employee for the period. The employee is not entitled to payment from the Diocese unless the above is complied with. For employees within the Community Services Commission (Anglicare Southern Queensland), more information is outlined on the Jury Service Leave Information Sheet available on INsite. Procedure to apply 1. Employees must provide notice as soon as practicable (may be after the commencement of the leave) and must advise the expected period of leave. 2. The employee must provide evidence that would satisfy a reasonable person that the absence is because the employee has been or will be engaging in an eligible community service activity. 3. An employee must complete a Leave Form and submit it to their manager. Alternatively an employee will be required to submit their leave request via the Employee Self Service module. 4. Manager to authorise application and notify the employee as soon as practicable prior to the requested leave date, of the outcome of the application. 5. The approved application is to be forwarded to the Service Point administration for processing as soon as practicable. Service points that don t have access to Payglobal must forward the Leave Form to the Pay Office for processing. 6. Leave may not be approved unless the employee complies with the above. Note: Further instructions on how to apply for paid Jury Service leave for employees of the Community Services Commission (Anglicare Southern Queensland) are outlined on the Jury Service Leave Information Sheet available on INsite. Page 8 of 22

9 COMPASSIONATE LEAVE Application of this section Full time and part time employees are entitled to paid compassionate leave and casual employees are entitled to unpaid compassionate leave. Legislative Provisions Provisions for compassionate leave are outlined within Division 7, Subdivision C of the Act. Definitions Immediate family means: (a) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee; or (b) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee. Entitlement An employee is entitled to 2 days of compassionate leave for each permissible occasion when a member of an employee s immediate family or household: - contracts or develops an illness which poses a serious threat to his or her life; or - sustains an injury that poses a serious threat to his or her life; or - dies. For full-time or part-time employees, compassionate leave is paid at the base rate of pay for the ordinary hours of work in the period (excluding penalties). Compassionate leave for casual employees is unpaid. Taking compassionate leave An employee may take compassionate leave in order to: - spend time with the member of their immediate family or household who has sustained the illness or injury; or - after the death of a member of their immediate family or household. On each permissible occasion leave can be taken as a single continuous 2 day period or 2 separate periods of 1 day each or any separate periods to which the employee and Manager agree. If the permissible occasion is the contraction or development of a personal illness, or the sustaining of a personal injury, the employee may take the compassionate leave for that occasion at any time while the illness or injury persists. Procedure to apply 1. Employees must provide notice as soon as practicable (may be after the commencement of the leave) and must advise the expected period of leave. 2. An employee must complete a Leave Form and submit it to their Manager. Alternatively an employee will be required to submit their leave request via the Employee Self Service module. 3. The Manager may request evidence at any time which satisfies a reasonable person that the leave is for genuine compassionate circumstances and it will be utilised as such. Awards and Agreements may include terms relating to the kind of evidence required. 4. Manager to authorise application. 5. The approved application is to be forwarded to the Service Point administration for processing. Service points that don t have access to Payglobal must forward the Leave Form to the Pay Office for processing. 6. Leave may not be approved unless the employee complies with the process above. Page 9 of 22

10 LEAVE WITHOUT PAY Application of this section This section applies to full time and part time employees. Leave without pay (LWOP) is not available to casual employees. Legislative Provisions There are no legislative provisions covering LWOP. Guiding Principles The Diocese is committed to providing options to enable flexible employment and recognises that circumstances may arise for which an employee may wish to apply for LWOP. Full time and part time employees are able to apply for LWOP, however it is not an automatic entitlement for any employee within the Diocese. The Manager in consultation with the relevant Executive Director or General Manager of the Diocese will give consideration to any request for LWOP from an employee. Applications will only be considered for employees who have a good attendance record, a satisfactory performance record, and have no outstanding disciplinary matters against them. If approved LWOP may be for periods of up to but not exceeding 12 months dependent on operational considerations. LWOP does not break continuity of service however does not count as service for accruing Long Service Leave. Employees are required to exhaust all other leave entitlements before taking LWOP (i.e. annual leave, long service leave, TOIL wherever applicable). Employees may apply for LWOP, including but not limited to, the following needs: Secondments outside the Diocese; Overseas travel; Study needs; Extended illness of the employee or family member. Procedure to apply 1. An employee must complete a Leave Form and submit it to their manager at least four (4) weeks prior to the requested leave date where practicable. Alternatively an employee will be required to submit their leave request via the Employee Self Service module. Leave approval will not be unreasonably refused but will be conditional on consideration of such factors as: - Organisational needs; - Past leave requests; - Annual and long service leave accruals (these must be used prior to LWOP); - Other factors as determined applicable from time to time. 2. Manager to authorise application and notify the employee as soon as practicable prior to the requested leave date, of the outcome of the application. 3. The approved application is to be forwarded to the Service Point administration for processing at least one full pay period prior to the commencement date of leave. Service points that don t have access to Payglobal must forward the Leave Form to the Pay Office for processing. 4. If an application is rejected, the employee can appeal to the Director of Human Resources for reconsideration. Page 10 of 22

11 LONG SERVICE LEAVE Application of this section This section applies to full time, part time and eligible long term casual employees of the Diocese. Legislative Provisions Long service leave (LSL) obligations are outlined within division 9 of the NES. The NES preserves LSL provisions as they were at 31 December 2009 within Awards, Agreements and state legislation (i.e. the Industrial Relations Act 1999 Qld). Entitlement and Eligibility Some employees may have higher provisions for LSL within relevant Awards, Agreements and / or employment contracts. Please refer to these documents for more detail. The minimum entitlement in accordance with provisions of the Industrial Relations Act 1999 (Qld) is: weeks LSL on full pay for the first 10 years of continuous service (further leave is accumulated after another five years continuous service). LSL is paid out on termination of employment after ten (10) years continuous employment. If an employee has seven (7) years but less than ten (10) years continuous employment they are entitled to be paid pro rata LSL on termination of employment only if: The employee's service is terminated by their death; The employee terminates their service because of their illness or incapacity or because of a domestic or other pressing necessity; The employer dismisses the employee for a reason other than the employee's conduct, capacity or performance; or The employer unfairly dismisses the employee. LSL is exclusive of public holidays that may fall during the period of leave. Leave loading is not payable in relation to any LSL. Guiding Principles A minimum of four (4) weeks LSL will normally be taken at any one time. Whilst LSL will be taken at a mutually agreed time employees will be expected to commence taking LSL within two (2) years of the entitlement falling due. If leave hasn t been taken at this stage the employee will be approached verbally or in writing by the Manager to arrange for the taking of accrued leave within a further six (6) month period. If the employee and the Manager cannot agree with regards to when the employee is to take LSL, the Manager may determine the starting date of the leave by giving the employee at least three (3) months written notice of the taking of at least four (4) weeks LSL. An employee is not entitled to be paid LSL without the taking of equivalent time off. A case may be presented to the Queensland Industrial Relations Commission (QIRC) for payment while continuing to work for compassionate or financial hardship grounds. Application forms are available from the QIRC (form 69). Page 11 of 22

12 Procedure to apply 1. An employee must complete a Leave Form and submit it to their manager at least four (4) weeks prior to the requested leave date where practicable. Alternatively an employee will be required to submit their leave request via the Employee Self Service module. Leave approval will not be unreasonably refused but will be conditional on consideration of such factors as: - Rostering needs; - Past leave requests; - Available long service leave balance; - Other factors as determined applicable from time to time. 2. Manager to authorise application and notify the employee of the outcome of the application at least two (2) weeks prior to the requested leave date. 3. The approved application is to be forwarded to the Service Point administration for processing at least one full pay period prior to the commencement date of leave. Service points that don t have access to Payglobal must forward the Leave Form to the Pay Office for processing. 4. A copy is also sent to Payroll if payment in advance is requested. Page 12 of 22

13 Application of this section PARENTAL LEAVE This section applies to full time, part time and eligible casual employees of the Diocese. Legislative Provisions Minimum conditions for parental leave are outlined within Division 5 of the NES in the Fair Work Act. This section should be read in conjunction with the Act and relevant Awards, Agreements and employment contracts. Definitions Eligible casual - long term casuals employed by the organisation for more than 12 continuous months and have a reasonable expectation of continuing employment on a regular and systematic basis. Birth-related leave - unpaid parental leave taken in association with the birth of a child and unpaid special maternity leave. Adoption-related leave - unpaid parental leave taken in association with the placement of a child for adoption and unpaid pre-adoption leave. The day of placement - means the day on which the employee first takes custody of the child for the adoption; or the day on which the employee starts any travel that is reasonably necessary to take custody of the child for the adoption. Employee couple is where two employees are in a spousal or de facto relationship. Entitlement An eligible employee is entitled to 12 months of unpaid parental leave if the leave is associated with: the birth of a child of the employee or the employee s spouse or de facto partner or the placement of a child under 16 with the employee for adoption; and the employee has or will have a responsibility for the care of the child. A full time, part time or eligible casual employee is entitled to unpaid parental leave if they have completed at least twelve (12) months continuous service immediately before: The expected date of birth or day of placement; or The expected first date of leave (if an employee is taking a period of unpaid parental leave that will start within 12 months of the birth or day of placement i.e. the spouse or de facto partner); or The expected first date of leave (if an employee part of an employee couple and is taking a period of unpaid parental leave which is to start after a period taken by the other member of the employee couple). The period of unpaid parental leave is reduced by any amount of paid leave taken, unpaid special maternity leave taken and unpaid pre-adoption leave. Page 13 of 22

14 Paid parental leave Some employees may have provisions for paid parental leave within relevant Agreements and employment contracts. Please refer to these documents for more detail. One employee taking unpaid parental leave The following applies where one employee (or only one member of an employee couple) takes leave: Leave must be taken in a single continuous period (can include other paid leave). Birth-related leave may start up to 6 weeks before the expected date of birth of the child, but no later than the date of birth of the child. Adoption-related leave must start on the day of the placement. Leave may start at any time within 12 months after the birth or placement of the child if: the employee has a spouse or de facto partner who is not an employee and the spouse or de facto partner has a responsibility for the care of the child for the period between the date of birth or day of placement of the child and the start date of the leave. Both members of an employee couple taking unpaid parental leave The following applies to an employee couple if both employees take unpaid parental leave: both employees may at the same time each take up to three weeks unpaid parental leave (reducing their overall entitlement) either immediately after the birth or placement of a child or, by agreement with the employer, at any time during an extended period starting before the birth and ending no later than six weeks after the birth or placement. This is referred to as concurrent leave. remaining leave must be taken separately in a single continuous period (paid leave, such as annual leave, may be taken at the same time) if the employee who takes leave first is pregnant or gives birth, they may start their leave up to six weeks before the expected date of birth if the employee who takes leave first is not pregnant, their leave must start on the date of birth or placement of a child the second employee must start their leave immediately after the first employee s leave finishes they are entitled to no more than 24 months between them. Requirement for a medical certificate within 6 weeks before the birth A pregnant employee may be asked to provide a medical certificate stating they are fit for work within the 6 weeks before the birth. A pregnant employee may be required to commence their unpaid parental leave within 6 weeks before the birth if the employee does not provide a medical certificate within 7 days after the request; or for other reasons listed within the Act. Refer to the Act for more information. Notice and evidence requirements An employee must: inform their Manager of their intention to take unpaid parental leave by giving at least 10 weeks notice in writing (unless it is not possible to do so) specify the intended start and end dates of the leave at least 4 weeks before the intended start date: confirm the intended start and end dates or Page 14 of 22

15 advise their Manager of any changes to the intended start and end dates (unless it is not possible to do so). provide evidence that would satisfy a reasonable person of the actual or expected date of birth of a child (e.g. a medical certificate), or the day or expected day of placement of a child under 16. Extending unpaid parental leave within original 12 month entitlement An employee may extend the period of unpaid parental leave by giving 4 weeks written notice before the end date of the original leave period. The notice must specify the new end date for the leave. By mutual agreement the employee may further extend the period of unpaid parental leave one or more times. Extending unpaid parental leave for up to 12 months beyond original 12 month entitlement An employee taking 12 months parental leave may request an extension of a further 12 months leave (up to 24 months in total), unless they are a member of an employee couple and the other member has already taken 12 months of leave. The request must be in writing at least four weeks before the end of the employee s initial period of parental leave. A response will be provided in writing as soon as practicable within 21 days, granting or refusing the request on reasonable business grounds (reasons will be provided). Reasonable business grounds for refusing a request, may include: the effect on the workplace (e.g. the impact on finances, efficiency, productivity, customer service); the inability to manage the workload among existing staff; and the inability to recruit a replacement employee. Reducing the period of unpaid parental leave If the employer agrees, an employee whose period of unpaid parental leave has started may reduce the period of unpaid parental leave he or she takes. Interaction with paid leave Employees on parental leave are able to take other types of paid leave (e.g. annual leave and long service leave) while they are taking unpaid parental leave. This will not break the continuity of the period of unpaid parental leave. If an employee takes any form of paid leave, this will reduce the total of unpaid leave available to the employee or the employee couple. Employees are not entitled to take paid personal/carer s leave, community service leave or compassionate leave whilst taking unpaid parental leave. Unpaid special maternity leave A female employee is entitled to a period of unpaid special maternity leave if she is not fit for work because: she has a pregnancy-related illness; or she has been pregnant, and the pregnancy ends within 28 weeks of the expected date of birth of the child otherwise than by the birth of a living child. Page 15 of 22

16 Notice must be provided as soon as practicable (which may be a time after the leave has started) and advise of the period, or expected period, of the leave. An employee may be required to provide evidence that would satisfy a reasonable person that the leave is taken for a reason specified above. Transfer to a safe job or paid no safe job leave This entitlement applies if the employee has provided evidence (e.g. a medical certificate) that would satisfy a reasonable person that they are fit for work, but that it is inadvisable for them to continue in their present position during a period because of illness or risks arising out of the pregnancy or hazards connected with that position. If this is the case a pregnant employee has an entitlement to be a transferred to an appropriate safe job. An appropriate safe job is a safe job that has the same ordinary hours of work as the employee s present position (or different if mutually agreed). The employee must be transferred to that job for the risk period, with no other change to the employee s terms and conditions of employment. The employer must pay the employee at their full rate of pay for the position they were in before the transfer, for the hours they work in the risk period. If there is no appropriate safe job available, the employee is entitled to take paid no safe job leave for the risk period, and be paid at their base rate of pay for ordinary hours of work in the risk period. If the risk period is within the 6 weeks before the birth see the section titled Requirement for a medical certificate within 6 weeks before the birth. Consultation whilst on parental leave The organisation will take all reasonable steps to keep employees on unpaid parental leave informed of any decision that will have a significant effect on the status, location or pay of the employee s pre-parental leave position. Employees will also be able to discuss the effect of decisions on their position. Return to work When an employee returns to work after unpaid parental leave the employee is entitled to return to their pre-parental leave position. If that position no longer exists they are entitled to an available position for which they are qualified. This will aim to be of equivalent status and pay to their previous position. Unpaid pre-adoption leave An employee is entitled to up to 2 days unpaid leave to attend interviews or examinations required to obtain approval for adoption. If an employee could instead take some other form of leave they may be required to. Notice must be provided as soon as practicable and state the period, or expected period, of the leave. Evidence may be required. Procedure to apply 1. At least 10 weeks prior the employee must provide notice in writing to their manager of the approximate intended start date of parental leave. 2. At least 4 weeks before the intended start date the employee must: Page 16 of 22

17 - Arrange a meeting with their Manager to confirm the dates of the leave and undertake an interim performance review. - Provide a completed Parental Leave Form to the Manager advising of the exact dates of leave. - Provide evidence of the actual or expected date of birth of a child (e.g. a medical certificate or statutory declaration), or the day or expected day of placement of a child under If eligible for paid leave ensure a payment option has been selected e.g. lump sum, full pay, half pay. - Discuss future plans with their manager. - For the Community Services Commission (Anglicare Southern Queensland) employees complete other associated paperwork contained in the Little Treasures Maternity Leave Pack (available on INsite). 3. The Manager must forward the Parental Leave Form and evidence provided to Payroll to action. Further information Parental leave and related entitlements and the national employment standards Fair Work Ombudsman Page 17 of 22

18 PERSONAL/CARER S LEAVE Note: Personal leave was previously referred to as sick leave and carer s leave was previously referred to as family leave. Application of this section This section applies to all employees of the Diocese. Legislative provisions and other guiding principles Provisions for personal/carer s leave are outlined within division 7 of the NES. Please note that Awards, Agreements and/or employment contracts may also contain provisions. Entitlement to paid personal/carer s leave Full time employees are entitled to 10 days paid personal/carer s leave for each year of service (pro rata for part time employees). Personal/carer s leave accrues progressively during the year and accumulates from year to year. Entitlement to unpaid personal/carer s leave Casual employees are entitled to 2 days unpaid carer s leave for each permissible occasion to a maximum of 10 days for each year from the employee s anniversary date of employment. Where a full time or part time employee has exhausted their entitlement to paid carer s leave they may take up to 2 days unpaid carer s leave for each permissible occasion. Approval for leave beyond this provision will be at the discretion of the local Manager. Eligibility to take leave personal/carer s leave An employee may take paid personal/carer s leave if the leave is taken: a) because the employee is not fit for work because of a personal illness, or personal injury, affecting the employee. - This may include but is not limited to: injuries due to accidents that occurred away from the workplace; injuries that occurred at work where WorkCover was not payable; the incapacitating effect of dental or medical treatment; major medical tests and investigations. - It does not include medical check-ups, attendance at doctor s surgeries or hospitals for nonincapacitating illnesses / injuries; vehicle / mechanical failure; routine dental checks; and selfinduced illness (e.g. alcohol-induced hang-over, recreational drugs, etc). b) to provide care or support to a member of the employee s immediate family or household member, who requires care or support because of a personal illness, or injury; or an unexpected emergency. "immediate family" includes a spouse (including a former spouse, a de facto spouse and a former de facto spouse, spouse of the same sex) of the employee; and a child (including an adult child, an adopted child, an ex-foster child, a stepchild or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee. Paid leave is at the base rate of pay for the employee s ordinary hours of work in the period (unless otherwise prescribed by an Award or Agreement). Paid leave accruals are not paid out on termination of employment. Paid leave is generally not paid where an accrual does not exist. Cashing out of personal/carer s leave will not be permitted. Evidence requirements Page 18 of 22

19 For any period of leave the Diocese may require evidence that would satisfy a reasonable person that the leave is being taken for genuine personal/carer s leave circumstances. Generally the Diocese will require evidence at the following times: Absences for more than 2 days; Absences taken before or after Public Holidays; At any other time as part of a monitoring process or in accordance with the Act. Monitoring personal/carer s leave Personal/carer s leave usage (paid and unpaid) is monitored and, where concerns arise regarding quantity of usage or perceived patterns, the employee will be asked to provide a response to the concerns. The outcome may require a Medical Certificate to be provided for a defined period on each occasion of absence. Procedure to apply 1. Employees must provide notice as soon as practicable (may be after the commencement of the leave) and must advise the expected period of leave. 2. An employee must complete a Leave Form and submit it to their manager at the first opportunity. Alternatively an employee will be required to submit their leave request via the Employee Self Service module. 3. Manager to authorise leave application. 4. The approved application is to be forwarded to the Service Point administration for processing at least one full pay period prior to the commencement date of leave. Service points that don t have access to Payglobal must forward the Leave Form to the Pay Office for processing. 5. The Manager may request evidence at any time which satisfies a reasonable person that the leave is for genuine personal/carer s leave circumstances and it will be utilised as such. 6. Leave may not be approved unless the employee complies with the above. Page 19 of 22

20 PUBLIC HOLIDAYS Application of this section This section applies to all employees of the Diocese for the duration of their employment. Legislative provisions and other guiding principles This section outlines the entitlement of employees to public holidays and should be read in conjunction with the relevant Award or Agreement, and Division 10 of the NES. For the Community Services Commission (Anglicare Southern Queensland) further explanation on the payment of public holidays is contained within the Public Holiday Guides available on INsite. Entitlement An employee may be entitled to be absent from his or her employment on a day or part-day that is a public holiday dependant on various factors including the need to provide services to clients. Reasonable requests to work on public holidays The Diocese may request an employee to work on a public holiday if the request is reasonable. If the Diocese requests an employee to work on a public holiday, the employee may refuse the request if the request is not reasonable or the refusal is reasonable. The following will be taken into account by both parties when determining what is reasonable: the nature of the workplace and the nature of the work performed by the employee; the employee's personal circumstances, including family responsibilities; whether the employee could reasonably expect that they might be requested to work on the public holiday; whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, work on the public holiday; the type of employment of the employee (for example, whether full-time, part-time, casual or shiftwork); the amount of notice in advance of the public holiday given by the Diocese when making the request; in relation to the refusal of a request--the amount of notice in advance of the public holiday given by the employee when refusing the request; any other relevant matter. Payment for absence on public holiday If an employee has ordinary hours scheduled on the public holiday, but they are absent, they are entitled to be paid for that public holiday at their base rate for those hours. For example, an employee is not entitled to payment if the employee is a part-time employee whose part-time hours do not include the day of the week on which the public holiday occurs. Substitution of public holidays A modern award or enterprise agreement may include terms providing for an employer and employee to agree on the substitution of a public holiday for another day (or part of a day). An employer and an award/agreement free employee may agree on the substitution of a public holiday for another day (or part of a day). Page 20 of 22

21 Usually Public Holidays in Queensland include: 1 January (New Year's Day); 26 January (Australia Day); Good Friday; Easter Monday; Easter Saturday; 25 April (Anzac Day); Queen's Birthday Holiday; Labour Day 25 December (Christmas Day); 26 December (Boxing Day); Exhibition or other public holiday as prescribed under a law of the State. Page 21 of 22

22 STUDY LEAVE Application of this section Full time and part time permanent employees may be eligible to apply for study leave. Legislative provisions There are no legislative provisions for paid or unpaid study leave. Guiding Principles Paid or unpaid study leave is to assist staff with attending external seminars, conferences, workshops, and/or tertiary studies. Paid or unpaid study leave will be considered on a case by case basis subject to the local Service s budget, operational requirements and the applicability to the role and the local Service. Reference should be made to relevant Awards or Agreements where provisions may exist. Within the Community Services Commission (Anglicare Southern Queensland) consideration should also be given to all Learning & Development Policy and Guidelines. Procedure to apply 1. The employee should initially discuss the reason for the leave with their Manager. 2. An employee must complete a Leave Form and submit it to their manager. Alternatively an employee will be required to submit their leave request via the Employee Self Service module. 3. Manager to authorise application and notify the employee as soon as practicable prior to the requested leave date, of the outcome of the application. 4. The approved application is to be forwarded to the Service Point administration for processing at least one full pay period prior to the commencement date of leave. Service points that don t have access to Payglobal must forward the Leave Form to the Pay Office for processing. 5. On completion of the leave and return to work the employee will usually be required to report their learning s back to their workplace in an agreed manner with the Manager. Page 22 of 22