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Leave Entitlements
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Cultural Obligations
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Personal and Carers Leave
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Leave Arrangements for Work/Family/Personal Life Balance

Leave for Cultural or Religious Purposes

Academic and General Staff are entitled to up to five (5) days additional leave (which is non cumulative) with pay (this is over and above sick leave, recreation or carers leave) in a twelve month period for a number of personal reasons.

These 5 days may be used for religious, ceremonial or culturally significant days. A supervisor may require reasonable evidence in support of an application for such additional leave. Where all such additional leave entitlements have been exhausted the staff member may request their relevant supervisor to consider whether they may be granted access to further accrued sick leave credits, annual leave or long service leave entitlements, or alternatively by taking leave without pay to cover any further period of absence for additional leave.

Leave Provisions relating to personal and carers leave are outlined in the Union Collective Agreement for Academic and General Staff or in Australian Workplace Agreements.

In respect to personal and carers leave provisions the same terms and conditions should be applied to all academic and general staff regardless of whether they are on standard Australian Workplace Agreements or under the Union Collective Agreement. In the case of non-standard Australian Workplace Agreements the specific provision will have to be read.

Please note that these entitlements may vary depending on the negotiated terms of your Australian Workplace Agreement.

TAFE Teaching Staff can apply for leave for religious or ceremonial purposes where they have a ritual obligation to participate in ceremonial activity or have customary and traditional law obligations. They are able to apply for up to 10 days leave without pay in any calendar year.

For detailed information on leave entitlements and conditions for different staff categories please click on the relevant link/s below.

Please note the 'award provisions/entitlements' above do not apply to casual or sessional staff members.

How to apply for Cultural or Religious Leave

  • Fully understand your Cultural or Religious Leave entitlements and options.
  • See links below and/or discuss your situation and plans confidentially with Human Resources (Richelle Brehaut, Human Resources Co-ordinator, x9367 or r.brehaut@ballarat.edu.au) and/or with your Supervisor.
  • Provide supporting documents.
  • Complete and submit a Leave Absentee Form.

Links to detailed information on leave entitlements and conditions relevant to Leave for Cultural or Religious Purposes for different staff categories:

  • Personal and Carer's Leave - Academic & General Staff
    University of Ballarat - Union Collective Agreement 2006 -2008 Academic & General Staff
    Link to: Clause 55

  • Recognition of Cultural Obligations - TAFE Teaching Staff
    Victorian TAFE Teaching Staff Multi-Employer Certified Agreement 2003 (MECA)
    Link to: Clause 23


AWARD / ENTERPRISE AGREEMENT EXTRACTS

Personal and Carer's Leave
University of Ballarat - Union Collective Agreement 2006 -2008 Academic & General Staff

55. PERSONAL AND CARER'S LEAVE

This Clause replaces previous provisions relating to paid family leave, leave for religious purposes, removal of household goods, blood donor leave, occupational welfare, court appearances, compassionate leave, leave for sporting competitions and ceremonial leave for Aboriginal employees.

55.1 An employee (other than a casual employee) who is required to provide care or support to a member of the employee's immediate family or a member of the employee's household who requires care and support because of personal illness or injury or an unexpected emergency affecting the employee is entitled to the five days personal or carer's leave with pay referred to in clause 55.2 in a twelve month period as well as a further five days in a twelve month period drawn from sick leave accruals referred to in clause 52.1.

55.2 An employee (other than a casual employee) may be granted up to five (5) days personal or carer's leave with pay in a twelve (12) month period (for part-time employees, a pro rata basis will apply) under circumstances including but not limited to:

  • bereavement or compassionate leave due to the death of an immediate/ family member;
  • short-term care and support to members of their immediate family or household who are ill;
  • emergencies/unplanned events/family crisis;
  • ceremonial leave for Aboriginal and Torres Strait Islander Peoples;
  • observance of religious/culturally significant days;
  • caring for a child on a pupil-free day;
  • moving house;
  • medical, therapeutic or business appointments of an immediate family member or other close relative or friend who is dependent on the employee for this particular appointment;
  • leave to participate in major sporting competitions;
  • leave to attend court proceedings;
  • leave to donate blood;
  • where a supervisor is of the opinion that a problem is adversely affecting an employee's work performance, such as stress, alcohol or drug dependence, marriage/family matters, or compulsive gambling, paid personal leave may be granted to attend an approved rehabilitation program
  • other special circumstances as approved.

In cases involving less than 3.67 hours, an employee may negotiate time off with their relevant supervisor and make up the difference in working hours at a later period or may take the time off in lieu of previous additional hours worked.

55.3 The definition of "immediate family" covers:

    55.3.1 a spouse (including a former spouse, a de facto spouse, a former de facto spouse, and same sex partner);

    55.3.2 a child (including an adopted child, a step-child or an ex-nuptial child), parent, parent-in-law, foster parent, grandparent, grandchild or sibling of the employee or spouse of the employee;

    55.3.3 a relative who lives with the employee in the same household.

55.4 Personal or carer's leave is not cumulative.

55.5 Entitlement to Personal and Carer's Leave

To be entitled to Personal and Carer's leave to provide care or support to members of a family or household who are ill, the following conditions must be met:

    55.5.1 the employee must be responsible for the care of the person concerned; and

    55.5.2 the person concerned being either:

    • a member of the employee's immediate family; or
    • a member of the employee's household;

    55.5.3 the employee will not be entitled to take personal and carer's leave where another person has personal or carer's leave to care for the same person;

    55.5.4 all absences for personal and carer's leave, if claiming in excess of three (3) consecutive days of leave because of illness of an immediate family member, must be supported by a medical certificate stating the illness of the person concerned and that the illness is such as to require care by another.

55.6 General Conditions relating to the Application and Approval Personal and Carer's Leave:

    55.6.1 an application for personal/carer's leave utilising a Leave Absentee Form must be submitted to the relevant supervisor delegated for leave approval;

    55.6.2 an employee should endeavour to provide as much notice as possible of the requested leave. If it is not possible for the employee to give prior notice, the employee will notify the supervisor of such absence at the earliest opportunity (by telephone, e-Mail, etc.);

    55.6.3 the Leave Absentee Form for personal or carer's leave must outline the reason for the requested leave and the estimated length of absence;

    55.6.4 apart from the medical certificate referred to in sub-clause 55.5.4 above, the relevant supervisor may require reasonable evidence in support of an application for personal and carer's leave with pay.

    55.6.5 where all personal or carers leave entitlements for which an employee is eligible have been exhausted, the employee may request their relevant supervisor to consider whether they may be granted access to further accrued sick leave credits, recreation leave or long-service leave entitlements, or alternatively by taking leave without pay to cover any further period of absence for personal or carer's leave.

    55.6.6 Personal and carer's leave may not be used to substitute for childcare or dependent care arrangements during normal school holiday periods.


Recognition of Cultural Obligations - TAFE Teaching Staff Victorian TAFE Teaching Staff Multi-Employer Certified Agreement 2003 (MECA)

  • Clause 23 Recognition of Cultural obligations

    • 23.1 The Employer (University) will recognise the established religious and cultural obligations, practices and activities of its Employees.
      23.2 An Employee may be granted Ceremonial/Cultural Leave where she or he has a ritual obligation to participate in ceremonial activity which requires absence from work. Such leave will also include leave to meet the Employee's customary and traditional law obligations and is not limited to Aborigines and Torres Strait Islanders.
      23.3 Such leave shall be without pay and for up to 10 days per annum.
      23.4 Applications for Leave under this clause must be accompanied by documentary evidence of the activity requiring attendance and absence from work.