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Trades And Services Staff – Building And Metal Trades Staff 2009 Contact
 
Monash University
Monash University Enterprise Agreement (Trades and Services Staff – Building and Metal Trades Staff) 2009
Schedules

Schedule 3 - Leave Entitlements

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 Table provided that for any specific category of leave, the staff member has been or is:

Leave entitlement

A staff member's entitlement is subject to the conditions set out in clause 50 and Schedules 4 and 6 of the Agreement.

A. Annual leave -

Twenty paid working days for each completed year of service.

In addition, Carpenters, Painters and Plumbers employed by the University prior to 31 December 2003 shall be entitled to an extra two days (15.2 hours) of annual leave for each completed year of service.

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.
  1. For continuing appointments, on commencement of appointment credited with 30 days personal leave and a further 15 days for each year of service after initial service of 24 months;
  2. For fixed-term appointments of 24 months or more, the same as for continuing appointments;
  3. (For fixed-term appointments of less than 24 months, on commencement of appointment credited with pro rata 30 days 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;
  4. All personal leave will be cumulative if not taken; and
  5. 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 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 a 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 seven 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 ten 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 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. 3 days paid leave on each occasion, provided that 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)

Birth and care of a child

A birth mother with continuous service 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

A birth mother with continuous service of 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 for 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.

A birth mother with continuous service of 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)

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.

5 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 6 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. Religious leave Is observing a religious occasion Unpaid leave for up to 3 days in any one calendar year.
Q. 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. Identified as, is accepted as a member of the Aboriginal or Torres Strait Islander community. On prior application of at least 14 days prior, up to 5 days paid leave plus 10 days unpaid leave per calendar year.

R. Election leav

Standing for election to Federal or State Parliament

Is standing as a candidate for election to Federal or State Government. Unpaid leave not exceeding the election period.

S. Sporting leave

for participating in or officiating at sporting events.

Is participating as a competitor or acting 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 4 weeks unpaid leave for all other events.
T. 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 two occasions only.

U. Special Leave

for any purpose approved at the discretion of the University.

- Paid or unpaid leave for the duration of the circumstances.

All paid and unpaid leave as referred to in clause 50.

For the purposes of this Schedule and Schedules 4 and 6:

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

"days" means working days.

"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.

"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.

"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.

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

"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 of pay payable at HEW level 10 or Level E for professional staff and academic staff respectively as specified in Schedule 2 of this Agreement.