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Monash University

34. Definitions and General Conditions

34.1 For the purposes of this Part:

(a) "paid leave" refers to leave at the ordinary rate of pay.

(b) "days" means working days.

(c) "spouse" includes spouse, de facto spouse, former spouse and former de facto. "De facto spouse" means a person of the opposite or same sex who lives with the staff member as husband, wife or partner of the staff member on a bona fide domestic basis although not legally married to that person, and "domestic partner" will have the same meaning.

(d) "family member" means either:

  • a member of the staff member's household; or
  • a member of the staff member's immediate family which includes spouse, child, parent, grandparent, grandchild, sibling or any other person with whom the University is satisfied that the staff member has a bona fide family relationship.

(e) "child" for the purposes of adoption leave means a child or children of the staff member through an adoption process who is not the birth child of the staff member or the staff member's partner and who has not previously lived continuously with the staff member for a period of six months or longer.

(f) "parental leave" includes adoption leave, maternity leave, and spouse/domestic partner birth leave.

(g) "pay" for the purposes of leave means the staff member's ordinary rate of pay, provided the maximum rate payable for parental leave purposes will be no more than the ordinary rate payable at HEW level 10 or Level E for professional staff and academic staff respectively as specified in Schedule 1 of this Agreement.

34.2 All applications for leave must be accompanied by relevant documentary evidence satisfactory to the Universitythat the staff member is entitled to the leave requested.

34.3 Subject to clause 38.8, clause 39, and paragraph (b)(v) of Schedule 5, leave entitlements and arrangements in this Agreement do not apply to casual professional or Teaching Associate staff, and no casual or sessional service will count as service in determining entitlements to leave or for any other purpose.

34.4 Staff are not permitted to undertake paid work additional to any already approved by the University while at work at the University whilst absent on any form of paid or unpaid leave without the prior written authorisation of the University. Such authorisation will not be unreasonably withheld.

WorkCover and Leave to Count as Service

34.5 The following periods will count as service for leave entitlements and accruals and for severance, termination and resignation purposes:

(a) Any period of paid leave, including long service leave taken on half pay;

(b) No more than 20 days' unpaid leave for incapacity due to illness or injury continuously or in aggregate in any year of service (as distinct from a calendar year);

(c) No more than 26 weeks' continuous paid or unpaid parental leave;

(d) No more than 20 days' unpaid Election or Arbitration leave, or any other unpaid leave continuously or in the aggregate in any year of service (as distinct from a calendar year);

(e) Time worked on WorkCover rehabilitation with the University after the expiry of make-up pay.

Continuity of Service

34.6 In this Agreement (including clause 18.5):

(a) breaks between fixed-term appointments of up to two times per year and of up to six weeks each will not constitute breaks in continuous service;

(b) for fixed-term research-only staff, service will be regarded as continuous, provided that any break in service does not exceed three months and such breaks do not count as service.