Work/Family/Personal Life Balance

Leave Arrangements for Work/Family/Personal Life Balance

Personal/Carers Leave

General/Academic Staff
If a staff member is required to provide care or support for a member of their immediate family or household due to personal illness or injury or an unexpected emergency they are entitled to five days paid carer's leave, within a twelve month period. A further five days in a twelve month period can also be taken as carer's leave drawn from sick leave accruals (this means the employee is entitled to 10 days paid carer's leave for the 12 month period).

Employees may also be granted up to five days additional leave with pay in a twelve month period. This leave may be used for, but is not limited to, the below circumstances:

emergencies/unplanned events/family crisis (that do not qualify as carer's leave);
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 a close relative or friend (who are not covered by the definition of immediate family or household member) who is dependent on the staff member 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 staff member'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.

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

While the Collective Agreement for academic and general staff includes a specific clause on Personal and Carer's leave, for clarity purposes, the conditions in the statement below should be applied to all academic and general staff regardless of whether they are on a standard AWA or under the UCA. In the case of non-standard Australian Workplace Agreements the specific provision will have to be read.

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

TAFE Teachers
TAFE Teachers are entitled to a credit of fifteen days personal leave on full pay. After the first year of service personal leave will accrued at the rate of 1.25 days per month. Such leave may be used for personal illness or injury or to provide care and support for a member of their family or household who is ill.

Image: Balancing your Work and Family/Personal Life

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

How to apply for Personal/Carers Leave

Fully understand your Personal/Carers 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.
Complete and submit a Leave Absentee Form, stating the relationship of the person to you.

Links to detailed information on leave entitlements and conditions relevant to Personal Leave for different staff categories:

Carer's Leave and Additional Leave - Academic & General Staff
University of Ballarat - Carer's and Additional Leave Statement
Link to: Carer's and Additional Leave Statement
Personal Leave - TAFE Teaching Staff
Personal Leave - TAFE Teachers' Conditions of Employment (Victoria) Award 2002
Link to: Clause 22

AWARD / ENTERPRISE AGREEMENT EXTRACTS

53. CARER'S LEAVE AND ADDITIONAL LEAVE

53.1 An 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 paid carer's leave, within a twelve month period as well as a further five days in a twelve month period to be taken as carer's leave drawn from sick leave accruals (making a total of 10 days paid carer's leave for the 12 month period). 53.2 an employee may be granted up to five (5) days additional leave with pay in a twelve month period (for part-time employees, a pro rata basis will apply) under circumstances including but not limited to: " emergencies/unplanned events/family crisis (that do not otherwise qualify as carer's leave); " ceremonial leave for Indigenous Australian employees. In addition, Indigenous Australian employees shall be entitled to up to a maximum of ten days unpaid leave in any twelve month period for the purpose of fulfilling cultural/ceremonial obligations; " observance of religious/culturally significant days; " caring for a child on a pupil-free day; " moving house; " medical, therapeutic or business appointments of a close relative or friend (who are not covered by the definition of immediate family or household member) 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. 53.3 The definition of "immediate family" covers: 53.3.1 a spouse (including a former spouse, a de facto spouse, a former de facto spouse, and same sex partner); 53.3.2 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; 53.3.3 a relative who lives with the employee in the same household. 53.4 Carer's leave and additional leave are not cumulative. 53.5 The employee must notify the University as soon as reasonably practicable of their inability to attend for duty on the basis that they will be absent on carer's leave and, as far as practicable, state the estimated duration of the absence. 53.6 For any period of absence on paid carer's leave in excess of three consecutive working days, or in excess of six aggregate working days in any year of service, the employee will, as soon as reasonably practicable, furnish a medical certificate from a registered health practitioner. If it is not reasonably practicable for the employee to provide such a medical certificate, the employee must provide a statutory declaration. 53.7 If the care or support is required because of an unexpected emergency affecting the member of the employee's immediate family or household, the employee must provide a statutory declaration. 53.8 Where an employee does not produce a medical certificate or statutory declaration as requested by this Clause, the absence shall not be granted as paid carer's leave but shall be granted as leave without pay (unless the employee could not comply with the requirement because of circumstances beyond the employee's control). Provided that such absence without a medical certificate may be deducted from the employee's annual leave at the employee's request. 53.9 An employee who has used their annual entitlement to paid carer's leave may take up to two day's unpaid carer's leave for each occasion when a member of the employee's immediate family or household requires the employee's care or support because of a personal illness or injury or an unexpected emergency affecting the member. 53.10 The employee is entitled to unpaid carer's leave only if the employee complies with the notice and documentation requirements set out in sub-clauses 53.5 and 53.6 above. 53.11 An employee entitled to a period of unpaid carer's leave under sub-clause 53.9 for a particular occasion is entitled to take the leave as: 53.11.1 single, unbroken period of two days; or 53.11.2 any separate periods to which the employee and the University agree. 53.12 General Conditions relating to the Application and Approval of Additional and Carer's Leave: 55.12.1 an application for carer's leave or additional leave utilising a Leave Absentee Form must be submitted to the relevant supervisor delegated for leave approval; 53.12.2 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); 53.12.3 the Leave Absentee Form for carer's leave or additional leave must outline the reason or the requested leave and the estimated length of absence; 53.12.4 the relevant supervisor may require reasonable evidence in support of an application for additional leave. 53.12.5 where all additional 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 entitlements, or alternatively by taking leave without pay to cover any further period of absence for additional leave. 53.12.6 carer's leave or additional leave may not be used to substitute for childcare or dependent care arrangements on a school holiday or during normal school holiday periods.

PERSONAL LEAVE
TAFE Teachers' Conditions of Employment (Victoria) Award 2002

Clause 22. PERSONAL LEAVE
[22 Sick leave, title changed and substituted by PR969417 ppc 07Mar06]

For the purposes of this clause immediate family includes spouse, former spouse of the employee and child or an adult child (including an adopted child, a step child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse or former spouse of the teacher.

22.1 Where an employee is absent from duty by reason of personal illness or injury or is required to provide care and support for a member of the employee's family or household who is ill, personal leave at the ordinary rate of pay shall be granted in accordance with the following provisions:

22.1.1 On appointment an employee shall be entitled to a credit of fifteen days personal leave on full pay. Upon the completion of the first year of service, personal leave shall be accrued at the rate of 1.25 days per month.

22.1.2 The employer may grant additional paid leave in advance of entitlement.

22.1.3 Notwithstanding 22.1.1, if an employee's employment is terminated and that employee has taken more paid personal leave than would have been accrued at the rate of fifteen days per year the employer may recoup the amount of paid personal leave in excess of the leave accrued.

22.1.4 Unused personal leave shall be cumulative.

22.1.5 Where practicable any employee shall within three hours of the commencement of such absence inform the employer of his/her inability to attend for duty and as far as practical state the estimated duration of absence.

22.1.6 An employee shall prove to the satisfaction of the employer that the inability to attend for duty was due to such illness or injury or the need to care for an ill or injured immediate family or household member on the day or days for which personal leave is claimed. The provision of a medical certificate from a registered health practitioner with respect to such illness or injury shall be taken to satisfy the requirements of this clause providing that where the absence is due to the need to care for an ill or injured immediate family or household member, the medical certificate must state that the illness or injury is such as to require care by the employee.

22.1.7 An employee shall not be required to provide a medical certificate for five days of absence in a calendar year. Provided that an employer may require a certificate for absences in excess of three or more consecutive days.

22.1.8 Continuous personal leave with pay shall not be granted to an employee for any period exceeding thirteen weeks unless an agreed registered health practitioner certifies that the leave is necessary.

22.1.9 Where an employee is continuously absent from duty because of personal illness beyond a period of thirteen weeks, the employee shall not be permitted to return to duty until the nominated registered health practitioner certifies fitness to return to duty.

22.2 A public holiday observed during any period of personal leave taken by an employee shall not be regarded as part of the personal leave.

22.3 Where an employee with accrued personal leave credits becomes ill for not less than five consecutive days while on long service leave or annual leave, on provision of a medical certificate from a registered medical practitioner, the employee shall be entitled to be placed on personal leave in accordance with this clause and no deduction shall be made from the employee's long service leave or annual leave credits for the days in question.

22.4 The employer shall recognise the cumulative personal leave credits from the immediate prior employment at any of the following authorities or institutions:

another Victorian TAFE Institute or University; or
a Victorian state primary school or state secondary college; or
the Public Service of Victoria; or
a public entity as defined by section 5 of the Public Administration Act 2004 (Vic.) or its successor.
any other previous employer as may be agreed between the employee and the employer at the time of the employee's appointment.

22.5 Any claim for recognition of cumulative personal leave must be made within six months of the date of appointment.

22.6 Where an employee has exhausted all paid personal leave entitlements, they are entitled to take unpaid personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. The employer and employee shall agree on the period. In the absence of agreement, the employee is entitled to take up to 2 days (15.2hrs) of unpaid leave per occasion providing the requirements of sub-clauses 22.1.5 - 22.1.6 are met.