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Other Leave Procedure

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Section 1 - Purpose and Scope

(1) This Procedure outlines the process for administration of and governance considerations for employee leave at The University of Queensland (UQ or the University). This procedure should be read in conjunction with the Leave Entitlements Policy.

(2) This Procedure applies to fixed term and continuing employees. 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. Casual employees are not entitled to conditions relating to public holidays for the purpose of this Procedure.

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Section 2 - Key Controls

(3) Before requesting leave, employees must determine whether the request meets the criteria of the Policy, this Procedure and University of Queensland Enterprise Agreement 2021-2026 (or as amended or replaced).

(4) The leave request must be:

  1. approved in accordance with:
    1. UQ’s Delegations Framework; and
    2. any additional approval required under this Procedure; and
  2. supported by adequate documentation and details recording the rationale

(5) In making a request employees must consider the relevant implications that this request will have for the University and note that the approval of the leave will be subject to operational requirements (where relevant).

(6) Requests must be lodged and approved in Workday.

(7) The Human Resources Division will periodically review leave requests in UQ’s HCMS (Human Capital Management System) (Workday) to verify that relevant legal and operational obligations have been met.

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Section 3 - Process and Key Requirements

Part A - Compassionate Leave

(8) An employee is entitled to three (3) days paid Compassionate Leave and up to five (5) days unpaid Compassionate Leave for the purposes of:

  1. spending time with a person who is a member of the employee’s immediate family, household or a significant other who has a personal illness or injury that poses a serious threat to their life; or
  2. after the death of a member of the employee’s immediate family, household, or a significant other.

(9) This entitlement also extends to members of a community of Indigenous Australians or where a recognised cultural relationship exists.

(10) A casual employee is entitled to two (2) days unpaid Compassionate Leave.

(11) Compassionate Leave may be taken in an unbroken period, or separate periods as agreed by the Authorised Officer.

Evidence Requirements

(12) An employee may be required to provide reasonable evidence to the Authorised Officer to support any request for Compassionate Leave.

Part B - Aboriginal and Torres Strait Islander Cultural Leave

(13) Employees who are recognised as Aboriginal or Torres Strait Islander may access up to eight (8) days of paid Aboriginal and Torres Strait Islander cultural leave annually (in addition to the personal/carer’s leave provisions) and ten (10) days of unpaid Aboriginal and Torres Strait Islander cultural leave in accordance with the Enterprise Agreement.

Part C - Leave Without Pay

(14) Leave Without Pay (LWOP) will generally not exceed two years. An employee may be required to exhaust Annual Leave and Long Service Leave entitlements prior to commencing LWOP.

(15) The University will undertake to provide a position for the employee on return from LWOP, however, in the case of a professional employee, not necessarily the same position which was held before taking LWOP.

Impact of LWOP on salary increments

(16) Where an employee is not at the top of their salary scale and has been absent on LWOP in excess of three (3) months since the payment of their last increment, any applicable increment will be delayed by the period of absence on LWOP.

Continuity of Service

(17) Absence on a period of approved LWOP will not affect an employee’s continuous service nor will it count towards the service period for the purposes of accrual of credits towards a Special Studies or equivalent program.

Leave Accrual

(18) Approved LWOP up to and including three months will not affect leave accruals. Where a period of LWOP is greater than three months, the period of LWOP that is in excess of three months will not count towards the accrual of leave.

Public Holidays and End of Year University Leave

(19) No salary is payable for public holidays or End of Year University Leave which occurs during LWOP. LWOP will not be granted in broken periods separated by public holidays, Long Service Leave or Recreation Leave.

Personal/Carers Leave

(20) An employee will not be entitled to take Personal/Carers Leave (whether paid or unpaid) during a period of LWOP.

Superannuation and Leave Without Pay

(21) Normally, superannuation contributions during LWOP will be suspended. An employee may meet the University’s and their own share of superannuation contributions whilst on approved LWOP.

(22) Where LWOP for three months or more is approved to pursue academic pursuits or other interests appropriate to the employee’s University responsibilities, the Authorised Officer may approve the University to meet all or part of its contribution to the employee’s superannuation on the staff member’s return from LWOP.

(23) The University may pay superannuation contributions equivalent to a maximum period of 12 months service during the employee’s absence, even if the employee accepts a temporary appointment elsewhere during the period of LWOP, provided that the remuneration, if any, received from such an appointment does not exceed the employee’s University salary. A condition of such contribution will be that the entire contribution will be repaid to the University if the employee does not return to the University for six months after the last day of the LWOP.

Part D - Defence Forces Leave

(24) In accordance with the Defence Reserve Service (Protection) Act 2001, the University must not hinder or prevent an employee from undertaking defence service and the training necessary to prepare them for service.

(25) An employee is entitled to access unpaid Defence Forces Leave to engage in Defence service (other than certain kinds of voluntary continuous full-time service) and training (including annual training, camps, weekend training, and other courses) in accordance with the Act.

(26) Unpaid Defence Forces Leave will be treated as leave without pay in accordance with the University’s Leave Without Pay provisions.

Superannuation

(27) Superannuation payments are normally suspended during a period of unpaid Defence Forces Leave in accordance with the Leave Without Pay provisions except where the employee continues to meet their own contributions, regardless of the period of Defence Forces Leave.

Salary Supplementation

(28) An employee, who is employed on a contract of employment for a period greater than one year, or has cumulative continuous employment with the University for more than one year, is deemed eligible for salary supplementation.

(29) Salary supplementation will be provided for a period of up to four weeks per financial year. An additional week of salary supplementation will be provided for an employee engaging in initial recruit training.

(30) The salary supplementation amount is determined by deducting the defence reserve salary payment received by the employee from the ordinary gross salary that would have been payable to the employee for the ordinary hours of work for the period of leave.

Evidence Requirements

(31) An employee is required to provide reasonable evidence of the requirement to render Defence service including:

  1. Confirmation of Defence Force Reserve status; and
  2. Evidence of the requirement to attend Defence service.

(32) To receive salary supplementation, an employee will need to provide the following information to Human Resources:

  1. Evidence from the Defence Reserves of actual salary payment to be made/received during Defence service; and
  2. Certificate of attendance (including dates of the Defence service) from the Reserve Commander.

(33) Upon completion of service, where an employee has taken Defence Forces Leave and has received salary supplementation payments a certificate of attendance and earnings from the Reserve Commander is required to be submitted to Human Resources.

Part E - Community Service Leave

Volunteer Emergency Management

(34) An employee is eligible to access leave to engage in a voluntary emergency management activity if:

  1. The employee engages in an activity that involves dealing with an emergency or natural disaster; and
  2. The employee engages in the activity on a voluntary basis; and
  3. The employee is a member of, or has a member-like association with, a recognised emergency service organisation such as those referenced in the Enterprise Agreement.

(35) An employee who engages in an eligible community service activity may be absent from employment, for the following reasons:

  1. to engage in the activity; and/or
  2. reasonable travelling time associated with the activity; and/or
  3. reasonable rest time immediately following the activity.

(36) An employee will be entitled to take paid Community Service Leave for up to five (5) days on each occasion the employee is called upon to engage in a voluntary emergency management activity, or to attend mandatory training (subject to operational requirements), with a cap of 16 days paid leave in any 12-month period. Additional leave beyond these periods may be taken as unpaid Community Services Leave.

(37) Paid Community Service Leave is not available for employees to attend other functions related to their membership of these organisations, with the exception of training.

Evidence requirements

(38) An employee is required to provide written certification from the recognised emergency service organisation which includes the period that they were engaged.

Jury Duty/Court Attendance

(39) An employee is eligible to access paid leave where;

  1. They have been called to Jury Duty.
  2. They have been issued a subpoena or summons to attend court as a witness in relation to the duties of their role at UQ.

(40) Jury Duty or witness fees paid to an employee must be paid to the University, excluding any additional allowances associated with their attendance (I.e. travel allowance). On receipt of payment to their personal bank account, an employee must return the funds via UQPay in consultation with their local Finance Professional Services Team – Advisory, to ensure that the correct payment information is entered.

(41) An employee will be granted leave to serve as a juror in a court of law for the period of attendance required. Casual employees will be granted leave without pay for the required period.

(42) Where an employee is required to attend for only part of a day must, if practicable, return to duty at the University for the remainder of the working day.

(43) The Supervisor may provide a written request for exemption for jury duty for employees who are unable to be released from duty due to operational reasons. The employee must forward the request to the Sheriff’s Office for consideration.

(44) An employee who works a system of flexible working hours or a part-time employee who attends jury duty on a normal non-working day is not required to take leave or refund any fees received over their non-working day/s.

Evidence Requirements

(45) On completion of jury duty, the employee must request a certificate from the Sheriff's Office stating the number of appearances and payment received.

(46) Where an employee attends court as a witness, they may be required to provide evidence in the form of a subpoena or summons at the request of the Authorised Officer.

Part F - Special Leave

(47) An employee may apply for Special Leave, paid or unpaid, in situations of compelling urgency, such as those outlined in the Enterprise Agreement. This includes, but is not limited to, officially declared emergencies by government authorities where it becomes impractical for the employee to fulfill the requirements of their role either onsite or by agreed flexible work arrangements.

(48) The entitlement to Special Leave is at the discretion of the University depending on the circumstances prevailing at the time. Special Leave is not generally provided as additional personal leave.

Part G - Family and Domestic Violence Leave

(49) Where an employee (including a Casual employee) is unable to attend work because they, or someone in their immediate family or household, is experiencing domestic violence, an employee should refer to the Domestic and Family Violence and the Workplace - Support Options Available for Staff Members Guideline for more information on leave, including paid family and domestic violence leave of up to 15 days per annum, and other support mechanisms that may be available. Family and Domestic Violence Leave is recorded as a Special Leave entry to maintain confidentiality.

Evidence Requirements

(50) To assist the University in providing Special Leave due to a situation of domestic violence, an employee may need to provide relevant documentation to support their leave application as outlined in the Domestic and Family Violence and the Workplace - Support Options Available for Staff Members Guideline.

Part H - Gender Affirmation Leave

(51) An employee may access up to 20 days per annum of paid Gender Affirmation Leave where the following activities are undertaken in relation to Gender Affirmation;

  1. Attending medical appointments;
  2. Recovering from medical procedures;
  3. Attending to legal matters; or
  4. Any other activity related to the employee’s gender affirmation.

Evidence Requirements

(52) Employees may be required to provide evidence such as a medical certificate, a letter from a legal practitioner or statutory declaration at the request of the Authorised Officer.

Part I - Reproductive Health and Wellbeing Leave

(53) Reproductive Health and Wellbeing Leave of up to five (5) days per annum is available to employees who have exhausted their Personal Leave entitlement, for the treatment and management of symptoms or conditions associated with reproductive health such as any condition relating to menstruation, perimenopause, menopause, poly-cystic ovarian syndrome and endometriosis, In Vitro Fertilisation (IVF) and other forms of assisted reproductive health services.

Evidence Requirements

(54) Employees may be required to provide evidence such as a medical certificate or statutory declaration at the request of the Authorised Officer.

Part J - Australia Day Substitution

(55) An employee may substitute the annual Australia Day public holiday for an alternative day in the same calendar year, subject to genuine operational requirements and agreement with their Supervisor. This arrangement is only available where the gazetted day falls on an employee's scheduled working day. Requests to substitute public holidays other than Australia Day are not authorised.

(56) Requests to substitute the Australia Day public holiday can be made during the application period through Workday.

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Section 4 - Roles, Responsibilities and Accountabilities

UQ Employees

(57) All employees are responsible for:

  1. Complying with the requirements as set out in this Procedure, the Enterprise Agreement, and any other advice or directive issued by Human Resources;
  2. Discussing intentions with their supervisor/manager prior to formal request;
  3. Submission of request in UQ’s HCMS system (Workday) as soon as practicable;
  4. Providing any relevant supporting documentation when requested.

Managers/Supervisors

(58) Managers/Supervisors are responsible for:

  1. Providing guidance to employees to access suitable leave and support as required;
  2. Engaging in discussion with the employee, giving adequate consideration of all suitable options associated with the request;
  3. Considering reasonable requests for evidence supporting the leave request;
  4. Undertaking appropriate assessment of the organisational needs and employee circumstances/request;
  5. Considering relevant employer obligations and requirements;
  6. Seeking advice and guidance from Human Resources as required.

Authorised Officers

(59) Authorised Officers are responsible for:

  1. Eligibility requirements for the leave type;
  2. Any exceptional circumstances that apply;
  3. Any evidentiary and notification requirements associated with the leave;
  4. Other forms of leave that may be more suitable;
  5. Operational requirements where relevant.

Human Resources

(60) Human Resources is responsible for:

  1. Understanding UQ’s obligations associated with the request;
  2. Providing advice or guidance to stakeholders to ensure compliance and best practice;
  3. Maintaining documentation and data.
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Section 5 - Monitoring, Review and Assurance

(61) Human Resources is responsible for reviewing and monitoring the implementation of this Procedure.

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Section 6 - Recording and Reporting

(62) Human Resources is responsible for record keeping and reporting in accordance with legislative and UQ requirements.