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Schedule 5 - Leave Entitlements

All paid and unpaid leave as referred to in clause 35.

Purpose of leave
Staff member applying for leave must specify it is for the purpose listed below.
Application and eligibility
All staff members are eligible for the entitlements in this Schedule, provided that for any specific category of leave the staff member:
Leave entitlement
A staff member's entitlement is subject to the conditions set out in clauses 34-40 of the Agreement.
(a) Annual leave Twenty paid working days for each completed year of service.
Is a seven-day shift worker An additional five paid days where the rostered shifts include at least 10 Sundays in the accrual period.
(b) Personal leave Is unable to perform his/her duties due to an illness or injury; or the staff member is required to provide care or support to a member of the staff member's immediate family or the staff member's household because of an injury, illness or unexpected emergency. (i) For continuing appointments, on commencement of appointment credited with 30 days of personal leave and a further 15 days for each year of service after initial service of 24 months;
(ii) For fixed-term appointments of 24 months or more, the same as for continuing appointments;
(iii) For fixed-term appointments of less than 24 months, on commencement of appointment credited with pro rata 30 days of personal leave per 24 months of service. After expiry of the initial fixed-term appointment credited with a further 15 days for each year of service;
(iv) All personal leave will be cumulative if not taken; and
(v) If a staff member has exhausted his or her entitlement to paid personal leave, or is engaged as a casual, the staff member may take a period of up to two days of unpaid carer's leave for each occasion where a member of the staff member's immediate family or household requires care or support because of illness, injury or an unexpected emergency.
(c) Isolation leave Has contracted a notifiable infectious disease or is isolated on the direction of a medical practitioner Paid leave for the required period of isolation.
(d) Repatriation leave Is absent on account of illness due to war service disabilities certified by the Department of Veterans Affairs. Up to 15 paid days during each year of service, cumulative up to 100 days.
(e) Long service leave Has at least 10 years of recognised continuous service. (Where service is not continuous and any break in service either with the University or a recognised prior service employer does not exceed 12 months, the staff member's recognised service will be the aggregate of his/her period of service (including any prior recognised service).) 13 paid weeks after 10 years of service and at the rate of 1.3 weeks for every additional year thereafter.
(f) Jury Service Is called for jury service. Paid leave for the duration of attendance.
(g) Fire fighting and emergency assistance leave Has responded to an appeal by the government or other competent authority for fire fighting or other emergency assistance. Paid leave for the duration of the participation in the emergency activity, plus one day of recovery leave on completion.
(h) Defence Reserve Forces Leave Is a member of the Defence Reserve Forces attending at an annual training camp, schools, classes or courses of instruction conducted by or on behalf of the Defence Reserve Forces. Leave on full pay for the purpose of attending an annual training camp of 14 calendar days' duration or, where the commanding officer of the relevant service unit certifies that such training exceeds 14 days, of up to 18 calendar days' duration.

Leave with pay for a period not exceeding 14 calendar days for the purpose of attending in any one calendar year not more than two schools, classes or courses of instruction conducted by or on behalf of the Defence Reserve Forces, provided that the amount paid shall be the amount the staff member would have received had the staff member remained on duty less any pay received by the staff member, including marriage and separation allowances, by reason of attendance at any such school, class or course.
(i) Blood donor leave Is a registered blood donor donating blood. Paid leave for the period required.
(j) Compassionate leave Has family member who has died, or has contracted or developed a personal illness that poses a serious threat to his or her life, or sustains a personal injury that poses a serious threat to his or her life. Three days' paid leave on each occasion. Additional paid leave may be granted due to special circumstances such as extensive travel.
(k) Court appearances leave Is subpoenaed to appear as a crown witness, or to give evidence. Paid leave for the period required where the matter is directly related to his/her employment or the staff member appears as a Crown witness, and unpaid leave for any other matter.
(l) Parental Leave (Maternity)

for the birth and care of a child
Is a birth mother having continuous service with the University of:

at least 24 months;

Leave for a continuous period of 52 weeks comprising 14 weeks' leave at 100% pay (to conclude no later than 14 weeks following the date of delivery) and 38 weeks' leave at 60% pay.

A staff member may request a further period of 52 weeks' unpaid parental leave to commence immediately following the conclusion of the initial period of 52 weeks' parental leave. The University will consider each staff member's request on a case by case basis and in accordance with the relevant legislation and the University's operational requirements. A staff member is not entitled to extend the period of parental (maternity) leave beyond 24 months after the date of birth of the child.
12-24 months;
Leave for a continuous period of 52 weeks comprising 14 weeks' leave at 100% pay (to conclude no later than 14 weeks following the date of delivery) and leave at 60% pay at the rate of 3.16 weeks for each completed month of service after the first 12 months, plus unpaid leave for any remainder of the continuous 52-week period.*

A staff member may request a further period of 52 weeks' unpaid parental leave to commence immediately following the conclusion of the initial period of 52 weeks' parental leave. The University will consider each staff member's request on a case by case basis and in accordance with the relevant legislation and the University's operational requirements. A staff member is not entitled to extend the period of parental (maternity) leave beyond 24 months after the date of birth of the child.
less than 12 months
Leave for a continuous period of 52 weeks (to conclude no later than 52 weeks following the date of delivery) comprising leave at 100% pay at the rate of 1.16 weeks for each completed month of service (to conclude no later than 14 weeks following the date of delivery) plus unpaid leave for the remainder of the continuous 52-week period.
(m) Parental Leave (Adoption)

for the adoption of a child
Approved applicant for the adoption of a child. Leave equivalent to the leave entitlement of a birth mother under paragraph (l) of this Schedule according to the staff member's length of continuous service and with "date of placement" substituted for "date of delivery".
(n) Parental Leave (Spouse/Domestic Partner Birth) Where the staff member has 12 months or more continuous service with the University and has primary responsibility for the on-going care of a child born to his/her spouse/domestic partner.
Continuous unpaid leave for up to 52 weeks (less any period of parental leave already taken by the staff member). A staff member may request a further period of 52 weeks' unpaid parental leave to commence immediately following the conclusion of the initial period of 52 weeks' parental leave. The University will consider each staff member's request on a case by case basis and in accordance with the relevant legislation and the University's operational requirements. The amount of (if any) additional unpaid parental leave that may be granted to a staff member will depend on the period of leave taken by the staff member's spouse/domestic partner. A staff member is not entitled to extend the period of parental (spouse/domestic partner birth) leave beyond 24 months after the date of birth of the child.
Where the staff member has less than 12 months continuous service with the University and has primary responsibility for the on-going care of a child born to his/her spouse/domestic partner.
Continuous unpaid leave for up to 52 weeks to be taken within 12 months after the birth.
Is absent to assist the birth mother immediately before or after the birth.
Five paid days and up to 10 unpaid days leave may be taken within the period commencing one week prior to the expected date of birth and concluding not later than six weeks after the birth.
Where the staff member has 12 months or more continuous service with the University and wishes to take parental leave to enable his or her spouse/domestic partner to return to work in circumstances in which the staff member's spouse/domestic partner has already taken 12 months' parental leave.
Continuous unpaid leave for up to 52 weeks (less any period of parental leave already taken by the staff member). The period of leave taken by the staff member must not extend beyond 24 months after the date of birth/placement of the child.
Where the staff member has 12 months or more continuous service with the University and wishes to take parental leave to enable his or her spouse/domestic partner to return to work in circumstances in which the staff member's spouse/domestic partner has already taken 24 months' parental leave.
No entitlement to leave.
(o) Arbitration Leave Is preparing or conducting a case in Fair Work Australia that directly relates to the staff member's employment with the University. In any calendar year, paid leave for the conduct of the case and unpaid leave of up to three months for the preparation of the case for up to two staff members for the same case.
(p) Professional Staff Study Leave

for attendance at an approved course of study, including examinations
Is holding a fractional appointment of 0.5 or more and is enrolled in a course of study relevant to the University and the staff member. Up to four paid hours per week.
(q) Religious leave Is observing a religious occasion. Unpaid leave for up to three days in any one calendar year.
(r) Ceremonial leave Is identified as and is accepted as a member of the Aboriginal or Torres Strait Islander community and is preparing for or attending to community organisation business and relevant cultural duties and celebrations. On prior application of at least 14 days, up to five days' paid leave plus 10 days' unpaid leave per calendar year.
(s) Election leave Is standing as a candidate for election to Federal or State Government. Unpaid leave not exceeding the election period.
(t) Sporting leave

for participating in or officiating at sporting events.
Is participating as a competitor or officiating as an accredited official in a sporting event. On application at least 14 days prior, up to four weeks' paid leave for Olympic, Commonwealth or Pacific Conference games and up to four weeks' unpaid leave for all other events.
(u) Leave to accompany spouse overseas Has a spouse employed by the University who is travelling overseas on OSP, long service leave, or for staff training. Unpaid leave for the period of travel subject to operational requirements, and up to 2 occasions only.
(v) Special Leave

for any purpose approved at the discretion of the University.
Paid or unpaid leave for the duration of the circumstances.
(w) Relocation leave

for the removal of household goods to a relocated residence.
Is required by the University to perform all or the major part of his/her duties at a place other than the staff member's previous place of work and who relocates to a residence more convenient for travelling to such new place of work. Two paid days of leave.
(x) Workplace relations training leave Attending a course or courses which contribute to a better understanding of workplace relations. Maximum of 10 days' paid leave in any two consecutive years. If the staff member's application for leave is not approved, the staff member may appeal to his/her Dean or Divisional Director as appropriate.

*This is not an official copy of the approved Monash University Enterprise Agreement (Academic and Professional Staff) 2009 and has been produced for the in-house use of Monash University staff only. It corrects what the University regards as a typographical error in the printed version of the Agreement regarding the maternity leave at 60% pay entitlements of staff with 12-24 months' continuous service. That error has been confirmed with the NTEU and identified to the Office of the Fair Work Ombudsman. If you have any questions about this agreement, contact the Workplace Relations Branch on extension 29593.