Portability of Accrued Annual and Personal Leave Entitlements
123. Where an employee is engaged by the Agency on an ongoing or non-ongoing basis from an employer staffed under the Public Service Act, the Parliamentary Service Act or from the ACT Government Service, accrued Annual Leave and Personal/Carer's Leave (however described) will be transferred or recognised, provided there is no break in continuity of service.
124. Service with organisations where the employee was previously employed under the Public Service Act, the Parliamentary Service Act, or from the ACT Government Service will be recognised for Personal/Carer's Leave purposes if the break in service is not more than two calendar months.
125. For the purposes of this Part, prior Annual Leave and Personal/Carers Leave credits will not be recognised where the employee received a pay out on separation including a redundancy payment from their previous employer.
126. The entitlement under this Part to use or expend these accrued leave credits, and any future entitlements, will be that prevailing in the Agency.
Deferral of Leave Accruals
127. Where an employee takes 30 days or more leave without pay in a calendar year:
- the period of leave without pay does not count as service for any purpose, unless otherwise required by legislation; and
- Annual and Personal/Carer’s Leave accruals are to be reduced on a pro-rata basis.
128. Where the accumulated period of leave without pay is 30 calendar days or more in a calendar year, the entire period will affect leave accruals and/or deferral of leave accruals unless otherwise required by legislation.
Cancellation of Leave or Recall to Duty from Leave
129. Where an employee’s leave is cancelled by his or her manager without reasonable notice, or they are recalled to work from leave, reasonable travel costs, travelling time, incidental costs and other unavoidable costs arising from the recall to duty will be reimbursed where they are not recoverable under insurance or from another source and all unused leave will be re-credited.
Re-Crediting of Leave
130. An employee who is:
- unfit for work for one day or longer due to personal illness or injury; or
- required to care for a member of his or her family who is sick or injured; or
- eligible for Compassionate Leave with pay; or
- eligible for Community Service Leave,
while on Annual Leave or Long Service Leave, may apply to have an equivalent amount of their Annual or Long Service Leave re-credited.
131. An employee must provide satisfactory evidence to their manager for their leave to be re-credited. The amount of leave re-credited will be equal to the extent of the Personal/Carer's Leave, compassionate leave or community service leave granted.
132. A full-time employee is entitled to 20 working days of paid Annual Leave for each completed year of service, accruing daily and credited monthly.
133. A part-time employee's Annual Leave entitlement will accrue on a pro-rata basis.
134. Annual Leave may be taken at half pay.
135. Annual Leave credits may be accessed at any time, subject to operational requirements and the approval of the employee’s manager. Any unused Annual Leave accumulates. Annual Leave counts as service for all purposes.
136. For further information on Annual Leave entitlements, refer to the Safe Work Australia Leave Policy.
Cashing Out of Annual Leave
- paid Annual Leave must not be cashed out if the cashing out would result in the employee's remaining accrued entitlement to paid Annual Leave being less than four weeks;
- each cashing out of a particular amount of paid Annual Leave must be by a separate agreement in writing between the Agency and the employee; and
- the employee must be paid at least the full amount that would have been payable to the employee had the employee taken the leave that the employee has forgone.
138. The Chief Executive Officer will not approve requests to cash out Annual Leave in accordance with clause 137 unless the employee has taken at least ten days Annual Leave at the same time or have taken a block of ten days Annual Leave (pro rata for part time employees) in the same calendar year.
139. Employees may, with the approval of the Chief Executive Officer, take up to 12 weeks' Sabbatical Leave once every five years. Sabbatical Leave will be purchased in accordance with the Purchased Leave Scheme.
140. Sabbatical Leave may not be taken at half pay.
Purchased Leave Scheme
141. With the approval of the Chief Executive Officer, employees may elect to purchase up to eight weeks additional leave per calendar year.
142. Additional leave will be purchased by a corresponding reduction in the employee's fortnightly pay over a 12 month period, commencing on the first pay after the application to purchase leave is approved. Periods of Purchased Leave count for service.
143. Purchased Leave may not be taken at half pay.
144. Where an employee chooses to purchase leave, they cannot take Annual Leave at half pay in the same calendar year.
145. Unless otherwise agreed, Purchased Leave not taken during the nominated 12 month period will automatically be reimbursed as salary.
146. Where an employee who has taken Purchased Leave either proceeds on extended leave or leaves the Agency before having repaid the full amount, the amount outstanding must be repaid in full before the employee’s last day of employment. Any unused Purchased Leave will be refunded to the employee on separation of employment.
147. Purchased Leave counts as service for all purposes including superannuation. Superannuation will be paid in accordance with the relevant superannuation legislation. Purchasing leave will not affect salary for superannuation purposes.
148. Purchased Leave generally should be accessed in weekly blocks.
Long Service Leave
149. Employees will be entitled to Long Service Leave as provided for in the Long Service Leave Act.
150. The minimum period for which Long Service Leave will be granted is seven calendar days at full pay (or 14 days at half pay). Long Service Leave cannot be broken with other periods of leave, except as otherwise provided by legislation.
151. Full-time ongoing employees are entitled to 18 paid days of Personal/Carer's Leave annually, credited on 1 January each year.
152. A full-time ongoing employee who commences after 1 January will:
a) be credited with 18 days on commencement; then
b) on the following 1 January, their existing credits will be calculated on a pro-rata basis for service between the commencement date and 31 December of the commencement year, less any leave actually taken.
153. An APS employee who transfers to the Agency will have their Personal/Carer's Leave entitlements adjusted on commencement to align with an accrual date of 1 January, if their Personal/Carer's Leave at their former APS employer was credited on a different cycle.
154. For the purposes of calculating the amount of Personal/Carer’s Leave to be credited under clause 152 for a non-APS employee whose Personal/Carer's Leave is recognised on commencement with the Agency, leave taken or paid out during the period of recognised service will reduce the Personal/Carer's Leave credit on engagement.
155. Non-ongoing employees will:
- receive seven days Personal/Carer's Leave on commencement, provided their prior service has not been recognised; then
- accrue Personal/Carer's Leave progressively throughout their first year of service, up to a maximum of 18 days (including the initial seven days); then
- after 12 months' service, 18 days will be credited on each anniversary of their commencement.
156. Unused Personal/Carer's Leave is cumulative but will not be paid out on separation.
157. Personal/Carer's Leave is to be used when an employee is absent:
- due to personal illness or injury;
- to provide care or support for a member of the employee’s Family or household who is ill or injured;
- to provide care or support for a member of the employee's Family or household who is affected by an unexpected emergency or special circumstance; or
- as a result of other pressing or unavoidable absences connected with the health or wellbeing of the employee or a member of the employee's family or household as may be approved by the Chief Executive Officer.
158. Personal/Carer's Leave must not be taken for an absence outlined in clause 157(d) to the extent that this results in the employee having access to less than the minimum 10 days per annum for the purposes under the National Employment Standard (NES).
159. An employee receiving workers’ compensation for more than 45 weeks will accrue Personal/Carer's Leave on the basis of actual hours worked.
160. Personal/Carer's Leave may be granted with pay or, where paid Personal/Carer's Leave credits are exhausted, without pay.
161. Employees may be granted Personal/Carer's Leave at half pay instead of full pay where extraordinary circumstances exist. Leave credits will only be deducted at half the duration.
162. Where an employee has exhausted their Personal/Carer's Leave entitlements they may take two days unpaid leave for each occasion where a member of their family or household requires care because of illness, injury or unexpected emergency. The employee must provide evidence to their manager in support of their leave application.
163. For further information on Personal/Carer's Leave, refer to the Safe Work Australia Leave Policy.
Evidence for taking Personal/Carer's Leave
164. Consistent with the Fair Work Act, a manager may request the employee to provide evidence in order to be entitled to paid Personal/Carer's Leave where the employee is absent from work for a period of one or more days.
165. No more than three consecutive days of Personal/Carer’s Leave may be taken without evidence.
166. An employee who does not provide evidence on request may not be entitled to be paid Personal/Carer's Leave for that absence.
167. Evidence for taking Personal/Carer's Leave means:
- a medical certificate from a health practitioner;
- a statutory declaration, if it was not reasonably practicable for the employee to obtain a medical certificate; and/or
- with the prior agreement or direction of the Chief Executive Officer, another form of evidence, including no evidence.
168. If an employee provides a statutory declaration as evidence, the statutory declaration must set out why the employee is or was unable to attend work, and why it was not practicable for them to obtain a medical certificate.
169. For further information on the evidence requirements for Personal/Carer's Leave, refer to the Safe Work Australia Leave Policy.
170. An employee is entitled to a period of three days of paid Compassionate Leave for each occasion when a member of the employee’s family or household:
- contracts or develops a personal illness or sustains a personal injury that poses a serious threat to his or her life; or
171. Casual employees engaged by the Agency are entitled to three days unpaid Compassionate Leave per occasion.
172. Compassionate Leave in each instance need not be taken as a single block.
173. An employee may be required to provide reasonable evidence to the Chief Executive Officer in support of an application for Compassionate Leave.
174. Compassionate Leave will count for service for all purposes.
175. The Chief Executive Officer may approve Miscellaneous Leave with full pay, part pay or without pay for a purpose that the Chief Executive Officer considers to be in the interest of the Agency or the APS, or where the employee is not otherwise entitled to leave under the NES or this Agreement.
176. For further information on Miscellaneous Leave, refer to the Safe Work Australia Leave Policy.
Maternity and Parental Leave
177. Pregnant employees are covered by the provisions of the Maternity Leave Act.
178. Pregnant employees are provided with an additional four weeks of paid leave, to be taken immediately following the period of paid leave provided by the Maternity Leave Act.
179. Employees who adopt or permanently foster a child and who are the primary caregiver for that child are entitled to up to 52 weeks of Parental Leave. Up to 16 weeks of that leave will be paid leave, commencing from the time of placement of the child, provided the employee satisfies the same qualifying requirements as those required of a pregnant employee in accordance with the Maternity Leave Act.
180. Employees are entitled to Parental Leave for adoption or permanent foster care when that child:
- is under 16 years;
- has not, or will not have, lived continuously with the employee for a period of six months or more as at the day (or expected day) of placement; and
- is not (otherwise than because of the adoption) a child of the employee or the employee's partner.
181. Documentary evidence of approval for adoption or enduring parental responsibilities under formal fostering arrangements must be submitted when applying for Parental Leave for adoption or permanent foster carer purposes.
182. Employees who are eligible for paid Maternity or Parental Leave may elect to have payment for that leave spread over a maximum period of 32 weeks at a rate of half normal salary. Where paid maternity or parental leave is taken at half pay, a maximum of 16 weeks of the leave period will count as service.
183. On ending the initial 52 weeks of Maternity or Parental Leave, employees may request an extension of unpaid Parental Leave for a further period of up to 52 weeks. The second period of unpaid leave is to commence immediately following the initial 52 weeks leave period.
184. Unpaid Maternity or Parental Leave will not count as service for any purpose except for any unpaid leave taken during the first 12 weeks of the leave period.
185. Unpaid Maternity and Parental Leave is inclusive of Public Holidays and will not be extended because a Public Holiday or Christmas Closedown falls during a period of paid or unpaid Maternity or Parental Leave. On ending Maternity or Parental Leave, employees have the return to work guarantee and the right to request Flexible Working Arrangements that are provided by the Fair Work Act.
186. Employees returning from Maternity or Parental Leave may access part-time hours. The hours are to be approved by the employee's manager.
Supporting Partner/Other Primary Caregiver Leave
187. Employees who are not otherwise entitled to paid Maternity or Parental Leave under the Maternity Leave Act or this Agreement are entitled to four weeks of paid leave on the birth, adoption or permanent foster care placement of a child or their partner's child.
188. This leave is to be commenced within four weeks of the birth/placement of the child and is inclusive of Public Holidays i.e. leave will not be extended because a Public Holiday or Christmas Closedown falls during a period of leave provided by this clause.
189. Documentary evidence or a birth certificate following the birth of a child must be submitted when applying for Supporting Partner Leave.
190. This paid leave will count as service for all purposes. Employees may elect to have the payment for Supporting Partner Leave spread over a maximum of eight weeks at a rate no less than half normal pay. Where payment is spread over a longer period, only half of the total weeks of the leave period will count as service.
Defence Reserve Leave
191. An employee may be granted leave (with or without pay) to enable the employee to fulfil Australian Defence Force (ADF) Reserve and Continuous Full Time Service (CFTS) or Cadet Force obligations.
192. An employee is entitled to leave with pay, of up to four weeks during each financial year, and an additional two weeks leave in the first year of ADF Reserve Service, for the purpose of fulfilling service in the ADF Reserve.
193. With the exception of the additional two weeks in the first year of service, leave can be accumulated and taken over a period of two years.
194. An employee who is an officer or instructor of cadets in a Cadet Force may be granted paid leave of up to three weeks each financial year to perform duties as officer or instructor of Cadets. For these purposes Cadet Force means that Australian Navy Cadets, Australian Army Cadets or Australian Air Force Cadets.
195. Defence Reserve Leave counts as service for all purposes, except for unpaid leave to undertake CFTS. Unpaid leave for the purpose of CFTS counts as service for all purposes except Annual Leave accrual.
War Service Sick Leave
196. Employees with a war-caused or defence-caused injury as prescribed in the relevant legislation are entitled to War Service Sick Leave.
197. An eligible employee may accrue two separate credits, a special credit of nine weeks on commencement in the APS and an annual credit of three weeks for each year of APS service. Unused credits will accumulate to a maximum of nine weeks.
198. The Chief Executive Officer may approve an application for War Service Sick Leave from an eligible employee.
199. An employee who has exhausted their War Service Sick Leave credits may apply for Personal/Carer’s Leave.
200. Employees who rejoin the APS following an earlier period of APS employment in which they had been credited with War Service Sick Leave will be credited with the following:
- any special credit that remained unused at the final day of the prior APS employment; and
- any annual credit held on the final day of the prior APS employment.
Community Service (Emergency Management and Jury Service) Leave
201. Employees may be granted Miscellaneous Leave to participate in emergency management activities, including emergency services responses, regular training, reasonable travel and recovery time and ceremonial duties. Leave may be granted with or without pay.
202. An employee will be paid by the Agency for any period of jury service. In the event that the employee receives any amount of jury payment, the employee will be required to pay that amount to the Agency, with the exception of an amount that is, or that is in the nature of, an expense-related account.
203. For further information on Miscellaneous Leave, refer to the Safe Work Australia Leave Policy.
Community Volunteer Leave
204. Employees may be granted up to two days paid (and thereafter reasonable unpaid) Miscellaneous Leave each calendar year to volunteer with community organisations. Paid leave will not be available to attend ceremonial functions unless the organisation certifies in writing that the employee is required to attend as part of their duties.
205. The amount of additional unpaid leave granted will take account of operational requirements.