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Personal/Carer's Leave Procedure

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Section 1 - Purpose and Objectives

(1) This procedure outlines the conditions and process for applying for Personal/Carers Leave. Leave entitlements are provided through the Enterprise Agreement; the Leave Entitlements Policy; and the relevant Legislation.

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Section 2 - Definitions, Terms, Acronyms

Terms Delegations
Authorised Officer The officer authorised to exercise the relevant HR power or function in accordance with the Human Resources Sub-delegations Instrument.
Enterprise Agreement The University of Queensland Enterprise Agreement, or as amended or replaced.
Immediate family In accordance with the Fair Work Act 2009 means:

(a) a spouse (including former spouse), de facto partner (including same-sex 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.
Significant other Means a person with a sufficiently close personal relationship to the employee which can include:

(a) members of the extended family and/or community of Indigenous Australians of the employee;

(b) members of the extended family where there is a recognised cultural relationship to the employee.
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Section 3 - Procedure Scope/Coverage

(2) This Procedure applies to all continuing, research (contingent funded), fixed-term and casual employees covered by the Enterprise Agreement.

(3) Except where specifically stated otherwise, part-time employees will be entitled to pro-rata the full-time leave accrual and Casual employees have no leave entitlement.

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Section 4 - Procedures Statement

(4) An employee may access a period of paid and/or unpaid Personal/Carers Leave, subject to approval in accordance with this Procedure.

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Section 5 - Personal/Carer’s Leave Conditions

(5) Employees are entitled to ten (10) working days (cumulative) paid Personal/Carers Leave and an additional five (5) working days of (non-cumulative) paid Carers Leave in any twelve (12) consecutive months of employment.

(6) Personal/Carers Leave is available to an employee:

  1. because the employee is not fit for work because of a personal illness, or injury, affecting the employee; or
  2. to provide care or support to a member of the employee’s immediate or extended family, household, or significant other, who requires care or support because of:
    1. a personal illness, or injury, affecting the member; or
    2. an unexpected emergency affecting the member.

(7) Paid Personal Leave entitlements must be exhausted before an employee can access unpaid Personal Leave.

(8) A casual employee is entitled to unpaid Personal/Carers Leave.

(9) A professional employee who has been employed by the University for 26 years or more will receive an additional Personal Leave credit of 13 weeks.

(10) An employee whose partner is confirmed as pregnant may use accrued Carer’s Leave entitlements to attend appointment(s) directly related to their partner’s pregnancy in accordance with the Parental Leave Procedure.

Personal Leave

(11) If all accumulated Personal Leave has been exhausted, the employee will be on Personal Leave Without Pay.

(12) Contributions to superannuation schemes cease when paid Personal Leave is exhausted.

(13) An employee absent on Personal Leave Without Pay on the working days immediately before and after a public holiday will not receive salary for the public holiday.

(14) Personal Leave Without Pay of up to and including three months counts as service for accrual of leave. Personal Leave Without Pay in excess of three (3) months does not count as service for the accrual of leave.

Carer’s Leave

(15) The use of paid Carer’s Leave will normally be for circumstances that are unanticipated and of a temporary or short-term nature. However, Carer’s Leave is generally available to allow a carer to attend routine medical appointments where, due to the nature of the illness or particular medical procedure, care or support is required.

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Section 6 - Reasonable Evidence Requirements

(16) An employee is required to provide a medical certificate or statutory declaration for Personal/Carers Leave of more than three (3) consecutive days.

(17) For Personal Leave, this may include the nature of the illness and the period during which the employee will be unable to work. For Carer’s Leave, this may include details of the illness of the person concerned and confirmation that the illness is of such a nature that a person requires care or support.

(18) Where an employee has a proven pattern of recurring absences on Personal Leave, the University has the right to inform the employee that, in the event of future absences, a medical certificate may be required in respect of each period of Personal Leave taken for a period of six (6) months thereafter.

Workers’ Compensation

(19) If an employee is considering applying for workers’ compensation, they must act in accordance with the Workers' Compensation and Rehabilitation Policy and Procedure.

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Section 7 - Continuity of Service

(20) An employee re-joining the University not more than three months after resignation or expiry of their appointment will have their Personal/Carer’s Leave balance, accrued at the date of resignation or expiry, reinstated.

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Section 8 - Superannuation

(21) At the expiration of paid Personal Leave or a period of two (2) months’ absence, whichever is the lesser, the employee should contact their superannuation fund for advice regarding incapacity/disability benefits and eligibility.

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Section 9 - Applying for Personal/Carer’s Leave

Employee Responsibilities

(22) An employee should notify their supervisor and/or Authorised Officer of their request for Personal/Carer’s Leave as soon as practicable.

(23) An employee must apply for a period of Personal/Carer’s Leave.

(24) An employee must provide reasonable evidence as required in accordance with this Procedure.

Academic Employees

(25) An academic employee who has been engaged since 18 March 2019 (the day prior to the approval of The University of Queensland Enterprise Agreement 2018-2021), with no break in service and who has exhausted their Personal Leave entitlements may apply for additional paid Personal Leave (non-cumulative) of up to 35 days per annum for consideration by the Authorised Officer. Such applications may be approved, provided that the sum of additional paid Personal Leave (non-cumulative) and Personal Leave already taken is in a continuous period and does not exceed a total of six months.

Authorised Officer Responsibilities

(26) When considering applications for Personal/Carer’s Leave, consideration should be given to:

  1. Eligibility requirements for the leave applied for;
  2. The employee’s personal circumstances that may apply; and
  3. Any evidentiary and notification requirements associated with the leave.
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Section 10 - Queensland Carers Charter

(27) The University seeks to improve awareness of the Queensland Carers Charter.

(28) A range of flexible work and leave arrangements are available to employees and such arrangements may assist carers to meet their caring commitments. For further information on flexible work and leave arrangements available to an employee please refer to the Flexible Work Policy or contact Human Resources for information.