Human Resources Division

Deakin University Enterprise Agreement 2009-2012

Part 4 Leave and University Holidays

36 Parental Leave

36.1

A staff member is entitled to 52 weeks of parental leave. Parental leave means a staff member's entitlement to leave related to the birth of a child of the staff member or the staff member's spouse or de facto partner (birth-related leave) or leave related to the placement of a child with the staff member for adoption (adoption-related leave). The staff member will be entitled to parental leave if the staff member has, or will have, responsibility for the care of the child.

36.2

The entitlement to parental leave will be unpaid unless the staff member is entitled to a period of paid parental leave under the terms set out in this clause. Any period of paid parental leave under this clause is included and not in addition to the 52 week period of leave in sub-clause 36.1. Further, if entitled, the staff member must take any period of paid parental leave under this clause before the staff member takes any other entitlement to paid leave under this Agreement.

36.3

If, while this Agreement is in operation, the Commonwealth Government introduces a statutory paid parental leave scheme (PPL Scheme), the University will, in consultation with the NTEU, review the implications of the scheme for the entitlements to paid parental leave set out in this Agreement. To the extent that a staff member has a more favourable entitlement to paid parental leave under the PPL Scheme than under this Agreement, this Agreement will not operate to reduce that entitlement.

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Entitlement to paid birth-related leave for a female staff member who is pregnant

36.4

The entitlement to 52 weeks' birth-related leave in sub-clause 36.1 for a female staff member who is pregnant will include, where the staff member has less than 12 months' service at the time the birth-related leave is to begin, one week's paid birth-related leave on full pay for each completed month of service.

36.5

The entitlement to 52 weeks' birth-related leave in sub-clause 36.1 for a female staff member who is pregnant will include, where the staff member has between 12 months and 2 years' service:

  1. 12 weeks' paid birth-related leave on full pay or 24 weeks' paid birth-related leave on half pay;

  2. 2 weeks' paid return to work leave on full pay under sub-clause 36.7; and

  3. any excess leave to be taken under sub-clause 36.8.

36.6

The entitlement to 52 weeks' birth-related leave in sub-clause 36.1 for a female staff member who is pregnant will include, where the staff member has more than 2 years' service:

  1. 22 weeks' paid birth-related leave on full pay or 44 weeks' paid birth-related leave on half pay; and

  2. 4 weeks' paid return to work leave on full pay under sub-clause 36.7, and

  3. any excess leave to be taken under sub-clause 36.8.

36.7

The entitlement to return to work leave is to be used by a female staff member who is pregnant to facilitate her return to work after birth-related leave, and will include:

  1. a graduated return to work arrangement, the terms of which are to be agreed between the staff member and her supervisor; and/or

  2. agreed study leave, conference leave or some other identified staff development initiative identified in the staff member’s PPR, provided that the provision of this entitlement does not result in the University incurring a fringe benefits tax liability.

36.8

The entitlement to paid birth-related leave, including return to work leave, is granted subject to the female staff member who is pregnant

  1. taking all recreation leave accrued in excess of 20 days and long service leave accrued in excess of 12 weeks before the staff member returns to work; and

  2. undertaking to return to work for a period of at least 12 months.

36.9

Unless the requirement to comply with the undertaking given by the female staff member under sub-clause 36.8(b) is waived by the Vice-Chancellor, if the staff member does not comply with the undertaking, the staff member who received paid birth-related leave under sub-clauses 36.4 to 36.6 and 4 weeks' return to work leave under sub-clause 36.7 will be required to repay the monetary equivalent of the leave granted or have the amount deducted from any termination payments due to the staff member.

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Adoption-related leave

36.10

A staff member who has been employed by the University for a continuous period of at least 12 months and who submits satisfactory evidence of being an approved applicant for the adoption of a child, is entitled to up to 52 weeks' adoption-related leave, starting from the date of placement of the child with the staff member. The staff member will not be entitled to adoption-related leave if the child has, or will have lived continuously for a period of 6 months or more with the staff member as at the day of placement, or the child is or will be 16 years old or older as at the day of placement or the child is a child or stepchild of the staff member or the spouse or de facto partner of the staff member.

36.11

A staff member who is entitled to adoption-related leave under this clause will be entitled to a period of paid adoption-related leave of 16 weeks on full pay or 32 weeks on half pay if the child is younger than 12 months. The period of paid leave under this clause is included and not in addition to the period of 52 weeks' leave referred to in sub-clause 36.1.

36.12

A staff member who is entitled to adoption leave under this clause will be entitled to a period of paid adoption leave of 12 weeks on full pay or 24 weeks on half pay if the child is older than 12 months but younger than 5 years. The period of paid leave under this clause is included and not in addition to the period of 52 weeks' leave referred to in sub-clause 36.1.

36.13

Adoption leave may be taken by either adoptive parent. The leave may not be taken concurrently if both adoptive parents are employed by the University, apart from a period of 3 weeks' leave from the date of placement of the child. The staff member and his or her supervisor may agree to the concurrent leave starting and finishing at a different time, although the period of concurrent leave will remain 3 weeks.

36.14

A staff member’s entitlement to adoption-related leave, including paid adoption-related leave, will be reduced by any period of adoption-related leave taken by the staff member’s spouse or de facto partner.

36.15

Appropriate certificates relating to the adoption of the child and, where appropriate, the staff member’s legal responsibility must be produced, if required by the University.

Paid partner leave

36.16

The entitlement to 52 weeks' birth-related leave in sub-clause 36.1 for the spouse or de facto partner of a female who is pregnant will include 5 days paid partner leave. The entitlement to paid partner leave must be taken within a period of 3 months after the date of birth of the child.

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Extending the period of birth-related and adoption-related leave

36.17

A staff member may request a further period of unpaid birth-related or adoption-related leave of up to 52 weeks. The further period of leave can be taken by the staff member to care for a child at any time up to when the child reaches 5 years of age.

36.18

A request for a further period of leave under sub-clause 36.17 must be made at least 3 months in advance of the planned commencement of the leave. The University will consider the request, taking into consideration the operational needs of the staff member's work area before deciding whether to grant or refuse the request.

36.19

A staff member may apply for a further extension of up to another 26 weeks of unpaid birth related leave beyond the 52 weeks absence referred to in sub-clause 36.17 above.

36.20

Applications for any such extension in accordance with sub-clause 36.19 must be made at least 3 months prior to the expiration of the period of unpaid birth related leave, and will be assessed taking into account any special circumstances that may apply as well as taking into consideration the operational needs of the staff member's work area. If any such extension is granted, the University and the staff member will negotiate arrangements for return to work and the provisions in sub-clause 36.38 of this Agreement will not apply.

36.21

The University will provide a written response to the staff member's requests under sub-clause 36.17 and 36.19 within 21 days after the request is made stating whether the request is refused or granted. If the University refuses the request, it must include details of the reasons for the refusal.

36.22

A staff member will be entitled to the additional periods of leave set out in sub-clause 36.17 and 36.19 only if the staff member has, or will have, responsibility for the care of the child.

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General conditions for parental leave

36.23

A staff member will be entitled to paid parental leave under this clause if they have completed at least 12 months of service with the University as at the date the period of parental leave is to start. However, this requirement does not apply to a female staff member who is pregnant.

36.24

A casual staff member will not be entitled to paid parental leave under this clause and will only be entitled to unpaid parental leave under this clause if the staff member:

  1. has been employed by the University on a regular and systematic basis for a sequence of periods of employment of at least 12 months; and

  2. but for the birth or placement of the child, the staff member would have a reasonable expectation of continuing employment by the University on a regular and systematic basis.

36.25

The separate periods of parental leave that may be taken by a staff member under sub-clause 36.1, 36.17 or 36.19 must be taken in a single, continuous period.

36.26

The entitlement to birth-related leave may be taken by a female staff member who is pregnant within the period from 20 weeks before the expected date of birth to 52 weeks after the staff member starts the period of leave. However, the entitlement to birth-related leave taken by a female staff member who is pregnant must not start any later than the date of birth of the child.

36.27

The Vice-Chancellor may direct a staff member to start birth-related leave at any time within 6 weeks before the expected date of birth, provided that:

  1. at least 10 working days' written notice of the direction is given to the staff member;

  2. the staff member will be entitled to remain at work if the staff member provides, within the 10 working days notice period, a certificate from a medical practitioner stating that she is fit to work.

36.28

A staff member must provide at least 4 weeks' written notice to her or his supervisor of the date on which she or he proposes to start parental leave and the period of leave to be taken. The Vice-Chancellor may waive the requirement for notice in special circumstances.

36.29

A staff member must confirm her or his intention to return to work from parental leave by providing at least 4 weeks' written notice to her or his supervisor prior to the expiration of her or his absence from work.

36.30

A staff member's entitlement to parental leave, including paid leave, will be reduced by any period of parental leave taken by the staff member’s spouse or de facto partner if they are employed by the University.

36.31

The University's and any staff member's contributions to superannuation will continue during any period of paid parental leave under this clause.

36.32

Normal incremental advancement within salary classifications will continue during any period of leave under this clause.

36.33

A staff member employed for a period of fixed-term employment which expires during a period of leave under this clause will not be eligible for further parental leave (paid or unpaid) after the date the period of fixed-term employment comes to an end, unless she or he is re-employed on a continuing basis or on a further period of fixed-term employment.

36.34

Whilst a staff member is absent from work on parental leave, relevant University information, such as newsletters and minutes of meetings, may be sent by their local work area to the staff member’s home address if requested by the staff member.

36.35

Any paid leave entitlement under this clause will be paid on a proportionate fractional basis for part-time staff members.

36.36

Any periods of unpaid leave under this clause will not constitute a break in the staff member’s continuity of service with the University.

36.37

A staff member taking parental leave may not work at the University, in any capacity, during the period of the staff member's parental leave.

36.38

On the ending of any period of leave under this clause, the staff member will be entitled to resume work at her or his substantive classification and salary, with duties commensurate with her or his qualifications and experience and, as far as practicable, similar to those performed by the staff member prior to the taking of the leave. A staff member may negotiate with their supervisor a return to work from a period of leave under this clause at an earlier time than originally approved.

36.39

A staff member entitled to parental leave under this Agreement may request to return to work from a period of parental leave on a part-time basis until the child reaches school age to assist the staff member in reconciling work and parental responsibilities.

36.40

The University will consider the request having regard to the staff member's circumstances and, provided the request is genuinely based on the staff member's parental responsibilities, may only refuse the request on reasonable business grounds related to the effect on the workplace or the operational requirements of the University's business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on the provision of services.

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37 Personal Leave

37.1

A staff member, except for a casual staff member, will be entitled to the leave entitlements outlined in this clause as paid leave, unless otherwise stated. Entitlements to paid leave for a part-time staff member will be calculated on a pro-rata basis by reference to the part-time staff member's ordinary hours of work.

37.2

A staff member will be entitled to paid blood donor leave for up to one visit per calendar month at a time to be mutually agreed with the supervisor.

37.3

A staff member who is required to attend a court or tribunal for any of the following reasons will be entitled to be absent from work on full pay for the ordinary hours of work the staff member would have otherwise worked for the duration of the attendance. Any fee paid to the staff member for the attendance will not be deducted from the payment made to the staff member under this clause.

  1. Jury service;

  2. Subpoenaed to attend as a crown witness;

  3. Subpoenaed to give evidence on a matter that directly relates to his or her employment; or

  4. Summoned to appear in proceedings under the Fair Work Act 2009 or regulations made under this Act.

37.4

The absence for which the staff member is entitled to receive a payment under sub-clause 37.3 will only be the time that the staff member is absent from work. Where a staff member who is on long service leave or recreation leave is required to attend a court or tribunal for any of the reasons set out in sub-clause 37.3, the staff member will be entitled to receive the payment set out in sub-clause 37.3 and the period of the leave the staff member is required to attend court or a tribunal for that reason will be recredited to the staff member's leave balance.

37.5

A staff member who is a member of the Defence Reserve Forces will be entitled to leave on full pay for the purpose of attending an annual training camp of 14 days duration or, where the commanding officer of the relevant service unit certifies that the annual training camp exceeds 14 days, of up to 18 days duration. Such leave will be 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 will be the amount the staff member would have received had the staff member remained on duty at the University, less any pay received by the staff member, including marriage and separation allowances, by reason of attendance at any such school, class or course.

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37.6

Paid compassionate leave of up to three working days will be granted to a staff member for each occasion of the death or serious illness of a member of the staff member's immediate family or household. Paid compassionate leave will also be granted for each occasion of the death or serious illness of a relative of the staff member who has taken the place of a parent of the staff member or is a relative residing with the staff member. Leave will be granted upon the staff member providing a medical certificate, funeral notice or statutory declaration as evidence. The Vice-Chancellor may grant further paid leave, due to special circumstances, such as a delayed funeral or the need for the staff member to undertake extensive travel related to the death or serious illness. A casual staff member will be entitled to 2 days of unpaid compassionate leave for the same reasons, subject to the casual staff member complying with the conditions set out in this clause.

37.7

A staff member who is a member of any voluntary organisation called upon by a government or a competent authority under the State Disaster Plan to assist in fire fighting or other forms of emergency assistance (including auxiliary operations) will be entitled to leave on full pay for the duration of the participation by the staff member in operations, provided that the services of the staff member are actually required by the voluntary organisation or other recognised authority. A staff member who responds to an appeal for volunteers to meet a declared bushfire or other emergency will be entitled to leave on full pay for the duration of the operations.

37.8

A staff member will be entitled to leave of absence for the purpose of participating as a competitor or accredited official in interstate, national or international sporting competitions or in Country Week sports provided that at least 10 working days' written notice is provided to the Vice-Chancellor by the staff member. The staff member will provide documentary evidence of selection as a competitor or accreditation as an official and the leave will be granted for participation in Country Week sports only when the Vice-Chancellor is satisfied that the University can function satisfactorily in the staff member's absence. The entitlement to leave of absence will be:

  1. on full pay only for participation in the Olympic Games and the Commonwealth Games. In all other cases, unless the Vice-Chancellor otherwise determines, leave will be unpaid;

  2. the period of leave granted will be for the period of actual competition together with reasonable travel time to and from the venue where the competition will be conducted; and

  3. subject to the discretion of the Vice-Chancellor to approve further leave, the period of leave granted to a staff member will not in any year of service exceed 4 weeks' in the aggregate.

37.9

The Vice-Chancellor may grant a staff member other paid or unpaid personal leave as is deemed warranted by the Vice-Chancellor.

37.10

A staff member who identifies as a member of an Aboriginal or Torres Strait Islander community is entitled to a reasonable period of ceremonial leave as determined by her or his supervisor. Eligible staff members are entitled to 5 days paid leave per annum. The entitlement to paid leave under this clause does not accumulate from year to year and any untaken leave in a particular year will not be paid out on the termination of the staff member’s employment.

37.11

In addition to the entitlements to personal leave set out in sub-clauses 37.1 to 37.10, the following table sets out the minimum, non-discretionary entitlement to personal leave.

Purpose Application Leave Entitlement
Court or tribunal appearances. To appear in court or tribunal for a reason other than those set out in sub-clause 37.3, Unpaid Leave.
Leave for religious purposes For the observance of religious occasions provided satisfactory evidence is submitted. Up to 3 days' unpaid leave in a calendar year.
Leave to accompany a spouse or de facto partner in travel For general staff when spouse or de facto partner is employed by the University and the travel is required for work purposes. Accrued recreation and long service leave entitlements and unpaid leave if these accrued entitlements have been exhausted during the period of absence.
Leave to contest elections. For the period between close of nominations and declaration of the ballot at parliamentary elections. Unpaid leave for all of the period with the ability to use accrued recreation or long service leave entitlements.

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38 Sick Leave

38.1

A staff member, except for a casual staff member, may take sick leave because of a personal illness or injury.

38.2

A staff member will be entitled to 15 working days' sick leave on full pay for each completed year of service. The leave accrues on a pro rata basis according to the staff member's ordinary hours of work. The staff member's annual entitlement to sick leave will be credited in advance on the anniversary of the date the staff member commenced employment provided that, in the first year of employment:

  1. a staff member appointed on a continuing basis or for a period of fixed-term employment for a period of 24 months or more will be credited, on commencement of employment, with 30 days' sick leave to cover the staff member's entitlement for the first two years of his or her service;

  2. a staff member appointed for a period of fixed-term employment for a period less than 24 months will be credited on commencement of employment with the amount of leave that would accrue during the period of the fixed term.

38.3

Accrued but untaken sick leave will accumulate from year to year, but will not be paid out on the termination of the staff member's employment.

38.4

The staff member's accrued entitlement to sick leave will be transferable between Australian Higher Education Institutions and will be transferable from other employers approved for the purpose of determining long service leave entitlements under sub-clause 42.3, provided that the transferred entitlement will only be recognised where any break in service between the end of employment with an approved employer and start of employment with the University does not exceed 12 months.

38.5

Where a University holiday falls during a period when a staff member is absent from work on sick leave, no deduction will be made for that day from the staff member's accrued entitlement to sick leave.

38.6

The staff member must, if it is practicable to do so, give his or her supervisor notice prior to the absence of the intention to take sick leave and the estimated length of absence. If the staff member has not been able to give prior notice of the absence, the staff member must notify his or her supervisor by telephone of such absence within an hour of the staff member's normal starting time on the day of absence. If it is not reasonably practicable for the staff member to provide this notice, the staff member must notify his or her supervisor as soon as he or she reasonably can.

38.7

If a staff member's absence from work on sick leave forms part or all of a period of absence in excess of three days (which period may include weekends and University holidays) or a period of absence in excess of six aggregate working days in any year of service, the staff member will provide proof of his or her illness or injury to the University. A certificate from a registered medical practitioner, dentist, physiotherapist, chiropractor, osteopath, optometrist, naturopath or clinical or counselling psychologist will be accepted as proof of the staff member's illness or injury. A statutory declaration may be accepted as proof of the staff member's illness or injury, but not for projected leave periods. In the absence of such proof, the period of absence from work will be unpaid or, at the request of the staff member, will be deducted from the staff member's accrued recreation leave credits.

38.8

A staff member who contracts an infectious disease classified as notifiable to the Victorian Department of Human Services or who is required by a medical practitioner to remain in isolation by reason of contact with a person suffering from a notifiable infectious disease, will be granted isolation leave on full pay for the period that the staff member is required to be absent from work. The paid absence will not be deducted from the staff member's accrued sick leave credits.

38.9

A staff member will be entitled to special repatriation leave for illnesses arising from disabilities certified by the Department of Veterans' Affairs as having directly resulted from the staff member's war service. The leave will be granted on full pay for up to 15 days for each completed year of service and will not be deducted from the staff member's accrued sick leave credits. The leave will accumulate from year to year if not taken provided that the total of the accumulated leave will not, at any time, exceed 100 days.

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39 Carer's Leave

39.1

A staff member may utilise his or her accrued but untaken sick leave entitlement to take carer's leave to provide care or support to a member of his or her immediate family or household who requires the staff member's care and support because of a personal illness, injury or unexpected emergency affecting the member.

39.2

A staff member must provide a medical certificate as evidence of the need for the staff member to be absent from work on carer's leave if the absence exceeds 3 consecutive days or when absences of less than 3 days exceed a maximum of 5 days per calendar year.

39.3

The staff member must, if it is practicable to do so, give his or her supervisor notice prior to the absence of the intention to take carer's leave, the name of the person requiring care and that person's relationship to the staff member, the reasons for taking such leave and the estimated length of absence. If the staff member has not been able to give prior notice of the absence, the staff member must notify his or her supervisor by telephone of such absence within an hour of the staff member's normal starting time on the day of absence. If it is not reasonably practicable for the staff member to provide this notice, the staff member must notify his or her supervisor as soon as he or she reasonably can.

39.4

A staff member may elect, with the consent of the University, to take unpaid leave for the purpose of providing care to a family member who is ill.

39.5

A staff member who has exhausted his or her accrued entitlement to paid sick leave may take up to 2 days' unpaid carer's leave for each occasion to provide care or support to a member of his or her immediate family or household who requires the staff member's care and support because of a personal illness, injury or unexpected emergency affecting the member. A casual staff member may also take up to 2 days' unpaid carer's leave for the same reasons, subject to the staff member complying with the evidence and notice requirements set out in sub-clauses 39.2 and 39.3.

40 Arbitration Leave

40.1

Leave of absence will be granted to a staff member affected by any relevant proceedings under the Fair Work Act 2009 or the regulations made under that Act on the following conditions:

  1. leave of absence will not be granted to more than two affected staff members at any one time in respect of any one such proceeding;

  2. leave of absence for conduct of a case will be on full pay;

  3. leave of absence for preparation of a case will be unpaid and will not exceed three months in any twelve month period.

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41 Leave to Count as Service

41.1

The following periods will count as service in determining the entitlements of a staff member to leave and for all other service related entitlements:

  1. any period of paid leave, with long service leave taken on half pay counting as normal service;

  2. any period of sick leave without pay not exceeding, in the aggregate, 20 working days in any year of service;

  3. any period of parental leave taken by a female staff member who is pregnant not exceeding 26 weeks (with the exception of any period of unpaid maternity leave in excess of 26 weeks);

  4. any period of adoption-related leave not exceeding 26 weeks;

  5. any period of unpaid leave for the purpose of contesting elections to federal or State Parliament;

  6. any period of unpaid arbitration leave;

  7. any other period of unpaid leave, whether continuous or in the aggregate, not exceeding 20 working days in any year of service; and

  8. any period of workers compensation leave not exceeding 52 weeks

41.2

Where the period of service of a staff member is not continuous, the aggregate period of service of the staff member, including service recognised from previous employers subject to sub-clause 42.3, will count as service for the purpose of determining the staff member's entitlement to long service leave.

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42 Long Service Leave

42.1

A staff member will be entitled to 9.1 weeks of long service leave after 7 years of continuous service. The staff member's entitlement will accrue at the rate of 1.3 weeks for every additional year of continuous service after that. Sub-clauses 42.15 apply to the calculation of a casual staff member's entitlement to long service leave. A staff member is entitled to take the long service leave on full pay, provided that the staff member may elect to convert all or part of his or her entitlement to double the period by taking leave on half pay.

42.2

For the purpose of determining a staff member's entitlements to long service leave, any period of service for which payment in lieu of long service leave has been made by a previous employer listed in sub-clause 42.3 or for which a staff member has an entitlement to payment in lieu by that previous employer will not count as service, provided that any such period of service will be included for the purpose of satisfying the requirement in sub-clause 42.1 that a minimum of 7 years be served before long service leave may be taken.

42.3

For all staff members employed after the date this Agreement comes into operation, only prior service with the following organisations will be recognised for the purposes of calculating the staff member's entitlement to long service leave:

  1. Australian universities and the Australian Maritime College provided that any break in service between the staff member's employment with one of these organisations and the University does not exceed five years;

  2. Australian Technical and Further Education organisations and any state or federal departments of education provided that any break in service between the staff member's employment with one of these organisations and the University does not exceed twelve months; and

  3. public hospitals, but only for an academic staff member employed by the University in the School of Nursing and Midwifery or the School of Medicine, provided that a staff member's previous employment was directly related to the requirements of his or her appointment, and any break in service between the staff member's employment with a public hospital and the University does not exceed twelve months.

42.4

A staff member must make any claim for recognition of prior service with one of the organisations referred to in sub-clause 42.3 within six months of the date of the staff member's appointment. The amount of service with previous employers recognised for long service leave purposes will not exceed 7 years and no accrued entitlements of leave will be accepted from any prior employer.

 

42.5

For the purpose of calculating a staff member's entitlement to long service leave, breaks of service of up to 6 months between periods of fixed-term employment will not break the continuity of service of a staff member who has been employed by the University for previous periods of fixed-term employment, but the period of the break in service will not count as service for long service leave purposes.

42.6

Where service with another employer is recognised for long service leave purposes under sub-clause 42.3, the Vice-Chancellor may require that a period of service with the University no greater than 3 years be completed before a staff member is eligible to take long service leave.

42.7

Subject to sub-clauses 42.8 and 42.9, a staff member may take all or part of his or her accrued long service leave entitlement for a continuous period, provided that a minimum continuous period of one month on full pay or 2 months on half pay will be taken at any one time.

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Taking of Long Service Leave

42.8

Where a staff member has accrued an entitlement to take long service leave under sub-clause 42.1, the staff member's supervisor will consult with the staff member about agreeing to mutually acceptable dates when the long service leave must be taken, which dates will be within the five year period from when the entitlement accrued. The leave dates will be agreed, having regard to the preferred dates of the staff member and the reasonable operational needs of the University. Where a staff member gives at least 6 months' notice of his or her intention to take leave the request will, under normal circumstances, be accommodated.

42.9

Where a staff member has accrued an entitlement to long service leave in excess of 15 weeks, the staff member may be directed in writing by the Director Human Resources Services Division to take at least 9 weeks' leave. The leave dates will have regard to the preferred dates of the staff member, but if no agreement can be reached on this matter, the supervisor may specify the dates the leave will be taken. The staff member will be then be regarded as being on leave for such period and the staff member's accrued entitlement to long service leave will be reduced accordingly.

42.10

If a staff member becomes ill for 2 or more consecutive days while he or she is absent from work on long service leave and the staff member has an accrued, but untaken, entitlement to sick leave, the staff member will be entitled to take paid sick leave. The staff member's entitlement to long service leave will be recredited for the number of days the staff member is on paid sick leave. For this clause to apply, the staff member must provide a certificate from a registered medical practitioner or a statutory declaration for the period of the illness.

42.11

Where a University holiday occurs during the period that a staff member is absent from work on long service leave, no deduction will be made for that day from the staff member's accrued long service leave entitlement.

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42.12

A staff member will be entitled to payment in lieu of long service leave accrued but not taken as at the date of termination of employment where:

  1. the staff member's employment at the University terminates after 7 years or more service, including recognised service with another employer; or

  2. after four years service at the University, the staff member retires on the grounds of age or ill-health or the staff member dies.

42.13

Where payment is made in lieu of long service leave, the amount of the payment will be calculated on a daily basis equivalent to 1.3 weeks' leave per year of service.

42.14

If a staff member uses all or part of his or her accrued entitlement to long service leave in accordance with the leave to contest elections provisions in sub-clause 37.11, no notice of intention to use his or her accrued entitlement to long service leave will be required from the staff member and the requirement for a minimum period of long service leave to be taken as per sub-clause 42.7 of this Agreement will not apply.

Casual staff members

42.15

With effect from 8 March 2010, a casual staff member who has had 7 or more years of continuous service (including during this period any other type of employment referred to in this Agreement) will be entitled to long service leave calculated on the staff member's average service fraction. Prior employment with other employers will not count towards the calculation of the staff member's entitlement. For long service leave purposes, casual employment with the University is regarded as continuous if there is no more than an absence of 20 weeks between each instance of employment in the period.

Previous casual service

42.16

Staff members (who are not casual staff members) will only be entitled to recognition of any prior casual service if that service is continuous (as defined in sub-clause 42.15 above) and that casual service occurred after 8 March 2003. Casual service prior to that date will not be recognised for staff members who are not casual staff members. Casual service prior to that date will be recognised for staff members who are casual staff members.

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43 University Holidays and Christmas Close Down Period

43.1

The University will recognise the following public holidays as University holidays - New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Easter Tuesday, Anzac Day (where this falls on a week day), Christmas Day and Boxing Day.

43.2

Where the University holiday falls on a day when the staff member would be required to work, the staff member is entitled to be absent from work on that day without loss of pay.

43.3

The University will close for 5 working days in addition to the University holidays which fall during the Christmas and New Year period. All continuing staff members and staff members employed for a period of fixed-term employment will receive 5 paid University holidays in lieu of working on Labour Day, Queen's Birthday and Melbourne Cup Day, which will be taken during the specified University closedown. In addition, general staff members will receive one additional day's recreation leave.

43.4

If Christmas Day, Boxing Day or New Year's Day fall on a weekend, the next available working day will be taken as a substitute University holiday. If Anzac Day falls on a weekend and the State Government gazettes a substitute day for that public holiday, that other day will be a University holiday.

43.5

A staff member who works on Labour Day, Queen's Birthday or Melbourne Cup Day will, if the staff member's employment ends before 24 December in any year, be paid in lieu for the day or days worked.

44 Recreation Leave

44.1

A staff member, except for a casual staff member, is entitled to 20 working days' recreation leave on full pay for each completed year of service. The leave accrues on a pro rata basis according to the staff member's ordinary hours of work. Accrued but untaken leave accumulates from year to year. Accrued but untaken leave will be paid to the staff member on the termination of the staff member's employment.

44.2

Where a University holiday occurs during the period a staff member is absent from work on recreation leave, no deduction will be made for that day from the recreation leave credits of the staff member.

44.3

If a staff member suffers an illness for one or more working days during his or her absence from work on recreation leave, the staff member's entitlement to recreation leave will be re-credited for the period of the illness and the period of the illness will be deducted from the staff member's accrued sick leave entitlement. For the recreation leave to be re-credited, the staff member must provide a certificate from a registered medical practitioner or a statutory declaration by the staff member for the period of the illness. If the staff member does not have any accrued sick leave entitlement, the staff member will be placed on unpaid leave for the days in question.

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Taking of Recreation Leave

44.4

Staff members are encouraged to take recreation leave to promote a healthier workplace. Each staff member is responsible for regularly taking his or her entitlement to leave. Managers are to ensure that staff members have the opportunity to take recreation leave at a reasonably mutually convenient time which meets the staff member's needs, where possible, and also meets the operational needs of the University.

44.5

Where an academic staff member seeks to take leave within a teaching period, the staff member's supervisor may approve the application for leave where adequate arrangements can be made to cover the staff member's teaching responsibilities.

44.6

Normally the maximum amount of accrued recreation leave as at 31 December in any year will be 20 days. However, a staff member may seek approval from his or her supervisor to accrue recreation leave to a maximum of 40 days where dates have been agreed in relation to the taking of at least 20 days of that maximum period of leave.

44.7

Where a staff member has not received approval to accrue leave in excess of 20 days, the Director Human Resources Services Division may direct the staff member in writing to take the leave in excess of 20 days within the 6 month period from the date of the written direction or, in special circumstances, within the 18 month period from the date of the written direction. Where the staff member has been so directed, the supervisor and the staff member will discuss dates for the taking of the excess leave. The leave dates will have regard to the staff member's preferred dates, but if no agreement is reached, the supervisor may specify the dates when the leave is to be taken. The staff member will then be regarded as being on leave for such period and the staff member's accrued entitlement to leave will be reduced accordingly.

Recreation Leave Loading

44.8

A staff member who has qualified for four weeks' recreation leave as at 31 December in any year will be entitled to a recreation leave loading equal to 17.5% of four weeks' salary subject to a maximum payment equal to the Statistician's average weekly total earnings of all males (Australian) for the September quarter of the preceding year. A pro rata payment will be made to a staff member on the basis of the number of completed months of continuous services in that year.

44.9

A staff member whose employment ends prior to 31 December in any year will be entitled to a pro-rata payment on the ending of employment of the amount payable under clause 44.8 on the number of completed months of continuous service in that year.

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45 Trade Union Training Leave

45.1

Leave of absence for up to 5 working days in any one calendar year will be granted to a staff member to attend trade union training courses or seminars on the following conditions:

  1. that the operating requirements of the University permit the granting of such leave;

  2. that the scope, content and level of the courses are such as to contribute to a better understanding of industrial relations. To this end, any short course conducted by or with the support of the Trade Union Education Foundation or any body approved by the University will be considered as contributing to a better understanding of industrial relations;

  3. leave of absence under this clause will be on full pay, that is, pay will not include shift and penalty payments or overtime;

  4. leave on full pay in excess of 5 working days and up to 10 working days may be granted in any one calendar year subject to the total leave granted in that year and in the subsequent year not exceeding 10 days. The staff member's period of absence from work granted under this clause will count as service for all purposes.

46 Workers Compensation Leave and Make-up Pay

46.1

A staff member who receives compensation for partial or total incapacity under the Accident Compensation Act 1985, or other Australian state equivalent legislation, will be granted leave in accordance with this clause. This leave will be paid at the rate of pay payable to the staff member prior to the injury, less any overtime, travelling allowance, incidental expenses or payment of a temporary nature and less any amount payable as compensation and less any amount the staff member is earning during employment by reason of partial incapacity, whether the employment is with the University or any other employer.

46.2

The University will make a return to work offer of duties as part of the return to work process. Failure to respond to that offer within 5 working days and/or failure to accept the offer other than on medical grounds will lead to the cessation of the make-up leave payments under sub-clause 46.1 until a return to work occurs. The period of cessation will be included in the calculation of the entitlement under sub-clause 46.3. The return to work offer of duties is an offer of temporary alternative or modified duties as part of a return to work plan. It does not constitute an offer of suitable employment.

46.3

Leave granted under this clause will be for a maximum period of 52 weeks, either as a continuous period or an aggregate period, in respect of any one injury.

46.4

Where a second claim for make-up pay originates within the term of the first claim, the period of 52 weeks will start again from the date of the second injury.

46.5

Staff members returning to work on a return to work arrangement should, wherever possible, minimise requests for planned leave whilst they transition into this arrangement.

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Deakin University acknowledges the traditional land owners of present campus sites.

22nd August 2012