Part C – Leave
- Where an employee is absent from duty without approval, all pay and other benefits provided under this Agreement may cease to be available until the employee resumes duty or is granted leave. Where the leave is not granted, the absence will not count as service.
- Further information on Leave can be found in the Archives’ Leave and Other Absences Policy.
Portability of accrued Annual Leave and Personal / Carer’s Leave
- Where an employee moves (including on promotion or for an agreed period) from another agency where they were an ongoing APS employee, the employee’s unused accrued Annual Leave and Personal/Carer’s Leave (however described) will be recognised, provided there is no break in continuity of service.
- Where an employee is engaged as either an ongoing or non-ongoing APS employee immediately following a period of ongoing employment in the Parliamentary Service, or the ACT Government Service the employee’s unused accrued Annual leave and Personal/Carer’s Leave (however described) will be recognised, provided there is no break in continuity of service.
- Where an employee is engaged as either an ongoing or non-ongoing APS employee immediately following a period of ongoing employment in a non APS Commonwealth agency the employees’ unused accrued Personal/Carer’s Leave (however described) will be recognised, provided there is no break in continuity of service.
Recognition of prior service
- Prior service with organisations where the employee was previously employed under the Public Service Act 1999, the Parliamentary Service; or from the ACT Government Service; or from a non APS Commonwealth agency; where there has been a break in service may be recognised for Personal/Carer’s Leave purposes if the break in service is not more than two calendar months. Where the engaged employee has received a redundancy payment, prior service for Annual Leave will not be recognised.
- Prior service will be recognised for Long Service Leave purposes in accordance with the Long Service Leave (Commonwealth Employees) Act 1976.
- Where a person is engaged as an ongoing employee, and immediately prior to the engagement the person was employed as a non-ongoing APS employee, the Director General may at the employee’s request, recognise any accrued Annual Leave and Personal/Carer’s Leave (however described), provided there is no break in continuity of service. Any recognised Annual Leave excludes any accrued leave paid out on separation.
- Employees, other than those employed in accordance with clause 231, will accrue 20 days Annual Leave per year. This leave will accrue on a daily basis and employees will be able to access the leave as it accrues.
- An employee must apply to the Director-General to take Annual Leave. The Director-General must not unreasonably refuse a request by an employee for Annual Leave. Where an application for Annual Leave is not approved reasons will be provided and an alternate period of leave discussed with the employee.
- An employee receiving workers’ compensation for more than the prescribed period under the Safety Rehabilitation and Compensation Act 1988 (45 weeks) will accrue Annual Leave on the basis of hours actually worked.
- Where the leave of an employee is cancelled without reasonable notice or an employee is recalled to duty from Annual Leave, the employee will be re-credited Annual Leave for the period that the employee was recalled and reimbursed reasonable costs resulting from the recall to duty.
- An employee who becomes eligible for Compassionate, Bereavement or Community Service Leave (with Pay) while on Annual Leave may apply to have their Annual Leave recredited. Where the Director-General requests satisfactory evidence, the employee will provide the satisfactory evidence. The employee's Annual Leave will be recredited to the extent of the Compassionate, Bereavement or Community Service Leave subsequently granted.
- The employee may also be eligible to have their Annual Leave recredited for Personal/Carers Leave in accordance with clause 107.
- An employee may cash-out an amount of Annual Leave provided that the employee's remaining accrued entitlement to Annual Leave is not less than four weeks. Cashing-out of Annual Leave must be by agreement in writing between the employee and the Archives. An employee can only agree to cash-out Annual Leave once per calendar year. The employee will be paid the full amount that would have been payable to the employee had the employee taken the cashed-out leave. In the interests of ensuring employees maintain a healthy work/life balance, the ability to convert Annual Leave to cash is contingent on the employee having taken 10 days Annual Leave in the preceding 12 months.
- Employees may choose to take a minimum of one and up to a maximum of 20 days full-time equivalent Annual Leave per calendar year on half pay.
- Employees will submit to their manager for consideration a leave usage plan setting out their intended use of excess Annual Leave credits. If an employee has an Annual Leave balance of more than 45 Standard Working Days at 1 September the employee may be directed by the Director-General to be on leave for the period exceeding that amount. Managers, supervisors and employees are encouraged to work together to minimise the incidence of employees being directed to be on leave.
- In exceptional circumstances, and based on operational requirements, the Director- General may agree to extend the period during which excess leave credits are available to an employee.
- The provisions of clauses 91 and 92 do not apply to an employee who has been on Compensation Leave and has commenced a graduated return-to-work program, until three months after returning to the pre-injury hours of work. Further information can be found in the Rehabilitation Management System.
- Where a public holiday occurs during any period of Annual Leave, the period of the public holiday is not deducted from the employee’s Annual Leave credit.
- When an employee ceases employment with the APS, other than in circumstances described in clause 244, the employee will receive payment in lieu of unused Annual Leave credits. The payment will be calculated using the final rate of salary, including allowances that would have been included in the employee’s pay during a period of Annual Leave in accordance with the Fair Work Act.
- Employees may elect to purchase one, two, three or four weeks additional leave per year. The taking of Purchased Leave credits is subject to operational requirements. The timing of leave is to be specified by employees on application but may be varied by agreement.
- Purchased Leave counts as service for all purposes. Employees' salary for superannuation purposes continues to be their full-time salary.
- Paid Personal/Carer's Leave shall be available to employees, other than those employed in accordance with clause 231, when absent:
- because of personal illness or injury; or
- to attend appointments for health care; or
- for the purposes of caring or support for an ill or injured member of their immediate family (as defined) or household; or
- for the purposes of caring or support for an ill or injured person for whom they have primary caring responsibility; or
- where there is an unexpected emergency affecting a member of their immediate family or household.
- Employees will accrue 18 days Personal/Carer's Leave per year. This leave will accrue on a daily basis and be cumulative and employees will be able to access the leave as it accrues.
- Personal /Carers Leave must not be used for the purpose of 98(ii) or 98(iii)b) if it would be detrimental to an employee in any respect, when compared to the NES entitlement under the Fair Work Act 2009.
- Employees must advise their supervisor prior to or as soon as practicable after the leave has commenced.
- Employees may be able to take up to a maximum of 10 days uncertificated Personal/Carer’s Leave per calendar year for the purposes outlined in clause 98, though this may be waived by the Director-General where exceptional circumstances arise.
- Employees who take three or more consecutive days of Personal/Carer’s Leave will be required to provide a medical certificate or other suitable evidence, to support their application for leave. The Director-General may also require a medical certificate or other suitable supporting evidence including a statutory declaration, as soon as it is reasonably practicable to do so for periods of less than three days if there is doubt that the absence is consistent with the purposes specified in clause 98. If this is requested, the employee will be required to provide the evidence to cover the absence from the time of the request.
- An employee will not, without their consent, be retired on invalidity grounds before Personal/Carer’s Leave credits have been exhausted, unless provided by legislation, and a certificate has been issued by the relevant superannuation fund in accordance with the relevant Superannuation Act.
- An employee who is retired from the APS on the grounds of invalidity, and is subsequently re-appointed in accordance with the Superannuation Act 1976, is entitled to be credited with Personal/Carer’s Leave equal to the balance at the time of retirement.
- An employee receiving workers’ compensation for more than the prescribed period under the Safety Rehabilitation and Compensation Act 1988 (45 weeks) will accrue Personal/Carer’s Leave on the basis of hours actually worked.
- An employee who is unfit for duty or is required to care for or support an immediate family or household member or a person for whom they have primary caring responsibility in accordance with clause 98(iii)b) while on Annual Leave, Purchased Leave, or Long Service Leave, and who produces satisfactory evidence, may apply for Personal/Carer’s Leave. Annual Leave, Purchased Leave, and Long Service Leave will be re-credited for the amount of Personal/Carer’s Leave granted.
- Personal/Carer’s Leave will not be debited where an employee is unfit, or caring for or supporting an immediate family or household member or a person for whom they have primary caring responsibility, on a public holiday which the employee would otherwise have observed.
- An employee is unable to access paid Personal/Carer’s Leave while on paid Maternity, Adoption or Foster Leave.
- Where Personal/Carer's Leave with pay credits have been exhausted as a result of clause 98(i) or 98(iii) a) or b), Personal/Carer’s Leave without pay may be approved by the Director-General. Personal/Carer’s Leave without pay will count as service.
- Employees who have exhausted their annual Personal/Carer's Leave credits of 18 days will be able to access an additional two days per calendar year for purposes outlined in clause 98. This additional two days cannot be accrued.
Unpaid Carer’s Leave
- An employee (including a casual employee) is entitled to two days Unpaid Carer’s Leave for each occasion when a member of the employee’s immediate family, or a member of the employee’s household, requires care or support because of:
- a personal illness or injury affecting the member; or
- an unexpected emergency affecting the member.
- An employee can only access Unpaid Carer’s Leave where:
- all paid Personal/Carer’s Leave credits have been exhausted; and
- the employee has provided appropriate notice and, where requested, documentation to support the request for leave.
Compassionate and Bereavement Leave
- Employees (other than casuals where Compassionate Leave is unpaid) are entitled to three paid days Compassionate Leave for each occasion when a member of the employee’s immediate family, or a member of the employee’s household;
- contracts or develops a personal illness that poses a serious threat to their life; or
- sustains a personal injury that poses a serious threat to their life.
- Employees (other than casuals where Bereavement Leave is unpaid) are entitled to three paid days Bereavement Leave for each occasion when a member of the employee’s immediate family, or a member of the employee’s household dies.
Long Service Leave
- An employee is eligible for Long Service Leave in accordance with the Long Service Leave (Commonwealth Employees) Act 1976.
- The minimum period during which Long Service Leave can be taken 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 (i.e. Maternity Leave provided for by the Maternity Leave (Commonwealth Employees) Act 1973).
- The entitlement to up to 12 weeks paid Maternity Leave is provided for under the Maternity Leave (Commonwealth Employees) Act 1973. Eligible employees are also entitled to an additional two weeks paid leave to count as service, provided it is taken consecutively with the 12 weeks paid Maternity Leave. An employee may elect to spread the payment for Maternity Leave up to a period of 28 weeks at a rate of half of their normal salary.
- Leave that extends beyond the initial 14 week periods does not count as service (except for superannuation purposes).
- An eligible employee who is the primary carer of an adopted child is entitled to up to 14 weeks paid Adoption Leave immediately after the placement of the child with the employee. An employee may elect to spread the payment for Adoption Leave up to a period of 28 weeks at a rate of half their normal pay. Leave that extends beyond the initial period of up to 14 weeks does not count as service (except for superannuation purposes). To be eligible for Adoption Leave an employee must have 12 months continuous service the same as that defined by the Maternity Leave (Commonwealth Employees) Act 1973 for paid maternity leave.
- An eligible employee who is the primary carer and has assumed a permanent fostering arrangement of a child is entitled to up to 14 weeks paid Foster Leave immediately after the placement of the child with the employee. An employee may elect to spread the payment for Foster Leave up to a period of 28 weeks at a rate of half their normal pay. Leave that extends beyond the initial period of up to 14 weeks does not count as service (except for superannuation purposes). To be eligible for Foster Leave an employee must have 12 months continuous service the same as that defined by the Maternity Leave (Commonwealth Employees) Act 1973 for paid maternity leave.
- Employees with 12 months continuous service are entitled to up to 24 months unpaid Parental Leave. The leave must be taken in a single continuous period. Unpaid Parental Leave does not count for service for any purpose except during the first 14 weeks period of Maternity, Adoption or Foster Leave where both paid and unpaid leave count as service for all purposes.
- The period of unpaid Parental Leave may commence up to six weeks before the expected date of birth but no later than the date of birth or placement of the child. The period of unpaid Parental Leave will be reduced by the amount of other forms of paid leave taken in conjunction with Parental Leave (e.g. Maternity Leave, Annual Leave, and Long Service Leave).
- Where an employee’s initial period of unpaid Parental Leave is less than 24 months, the employee may request to extend the period of unpaid Parental Leave for a further period up to the maximum period of 24 months. The request must be made in writing at least four weeks before the first period of unpaid Parental Leave is due to cease.
Return to work after a period of Parental Leave
- On ending Parental or Maternity Leave, an employee is entitled to return to:
- the employee’s pre-parental/maternity leave duties; or
- if those duties no longer exist, an available position for which the employee is qualified and suited at the same classification and pay as applied pre-parental/maternity leave will be sought.
- For the purposes of clause 125, duties means those performed:
- if the employee was moved to safe duties because of the pregnancy, immediately before the move; or
- if the employee began working part-time because of the pregnancy, immediately before the part-time employment began; or
- otherwise; immediately before the employee commenced Maternity or Parental Leave.
- Where an employee is returning to work following Maternity/Parental Leave and is still nursing her child the manager and employee will discuss reasonable arrangements to meet her nursing needs. Further information can be found in the Archives’ Workplace Breastfeeding Policy.
Supporting Partners Leave
- Employees are eligible for 15 days paid leave upon each occasion of the employee’s partner giving birth, adopting or fostering a child.
- This provision is not applicable to employees who have utilised Maternity, Adoption or Fostering Leave for the same birth, adoption or fostering of a child.
- This leave must be utilised within three months from the date of the birth, adoption or permanent fostering. Documentary evidence may be requested by the Director- General.
- Paid Supporting Partner Leave counts as service for all purposes.
Community Service Leave
- An employee is entitled to be absent from work to engage in an eligible community service activity: jury service or a voluntary emergency management activity.
- Where an employee (except casual) is required to attend jury service (including attendance for jury selection), the employee will be entitled to paid jury service leave.
- An employee (including casual) is entitled to be absent to engage in a voluntary emergency management activity including regular training, ceremonial duties and recovery time associated with emergency management activities. Leave for participation in an eligible voluntary emergency management activity may be with or without pay at the discretion of the Director-General.
- An employee engages in a voluntary emergency management activity if it involves dealing with an emergency or natural disaster; and the employee engages in the activity on a voluntary basis; and the employee is a member of, or has a member - like association with a recognised emergency management body that made a request for the employee to engage in the activity or it would be reasonable to expect that such a request would have been made.
- To encourage greater participation in the community, the Archives, subject to the Director-General's agreement may grant one paid day per calendar year to employees to undertake charitable or community based work. It is intended that this leave will be for the purposes of assisting charitable, not for profit or other community based organisations (e.g. Meals on Wheels, Life Line Counselling). While paid leave is granted for such purposes, the employee will be subject to the work health and safety and compensation arrangements of the host organisation as is the case if undertaking such work in their own time.
- An employee is entitled to be absent from work with pay to undertake Red Cross blood donations.
- Volunteers Leave (clauses 136-137) may be taken in periods of less than one day, however, the total period of leave during a calendar year cannot exceed the equivalent of one Standard Working Day.
Leave for ADF Reserve and Continuous Full-time Service or Cadet Force obligations
- 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.
- An employee is entitled to ADF Reserve Leave with pay, for up to four weeks during each financial year for the purpose of fulfilling service in the ADF Reserve. These purposes include training and operational duty as required.
- During the employee’s first year of ADF Reserve service, a further two weeks paid leave may be granted to facilitate participation in additional ADF Reserve training, including induction requirements.
- 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 to enable the employee to undertake training as a member of the ADF Reserves.
- Employees are not required to pay their tax-free ADF Reserve salary to the Archives in any circumstances.
- Employees may continue to access other components of their remuneration package, e.g. superannuation (subject to applicable superannuation fund rules), studies assistance, salary reviews and cars.
- Defence Reserve Leave counts as service for all purposes, except for unpaid leave to undertake Continuous Full-time Service (CFTS). Unpaid leave for the purpose of CFTS counts for all purposes except Annual Leave.
- Eligible employees may also apply for Annual Leave, Long Service Leave, leave without pay, top-up pay or they may use flex time or make up time for the purpose of fulfilling ADF Reserve, CFTS or Cadet Force obligations.
- Employees are to notify supervisors at the earliest opportunity once the dates for ADF Reserve, CFTS or Cadet Force activities are known and/or changed.
War Service Sick Leave
- Employees who qualify for benefits under the Veteran’s Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004 will accrue a credit of nine weeks War Service Sick Leave on commencement in the APS and an annual credit of three weeks for each year of service.
- Unused credits will accumulate to a maximum of nine weeks.
- Employees will be granted War Service Sick Leave only when unfit for duty due to a war caused condition (as defined) to the employee.
- One day per calendar year with pay will be approved by the Director-General for:
- Aboriginal and Torres Strait Islander employees or employees recognised by the Aboriginal and Torres Strait Islander community to participate in National Aboriginal and Islander Day Observance Committee week activities;
- religious or cultural leave to take part in activities associated with their culture or ethnicity;
Moving house leave
- One day per calendar year with pay will be approved by the Director-General for employees to move house where it cannot be planned for and evidence of a change in address is provided.
- Having regard to the operational needs of the Archives, Other Leave may be granted for the purposes of an employee’s emergency or special circumstances not covered by other leave provisions provided for under this Agreement.
- Other Leave may be granted by the Director-General, with or without pay, for the period applied for or for another period, may be subject to conditions, e.g. time limits and may count for service or not count for service. Where Other Leave is not granted, reasons for non-approval will be provided in writing.
- All Other Leave without pay in excess of 30 days in a calendar year will not count as service for any purpose, except Long Service Leave. Leave without pay will not count for service for Long Service Leave unless the Director-General designates this leave to count for service on a case by case basis.
- Further information on Other Leave can be found in the Leave and Other Absences Policy.
- Employees will be entitled to the following public holidays:
- New Year’s Day (1 January);
- Australia Day (26 January);
- Good Friday;
- Easter Monday;
- Anzac Day (25 April);
- Queen’s birthday holiday (on the day on which it is celebrated in a State or Territory or a region of a State or Territory);
- Christmas Day (25 December);
- Boxing Day (26 December); and
- any other day, or part day, declared or prescribed by or under a law of a State or Territory to be observed generally within the State or Territory, or a region of the State or Territory, as a public holiday, other than a day or part day, or a kind of day or part day, that is excluded by the Fair Work Regulations 2009 from counting as a public holiday.
- If under a state or territory law, a day or part day is substituted for one of the public holidays listed above, then the substituted day or part day is the public holiday.
- The Director-General and an employee may agree on the substitution of a day or part day that would otherwise be a public holiday, having regard to operational requirements.
- Where an employee is absent from their employment on a day or part day that is a public holiday, they will be paid at the employee’s normal rate of pay for the employee’s Ordinary Hours of Work on the day or part day.
- Where the employee is on a period of leave without pay and a public holiday occurs, the employee will not be entitled to payment for the public holiday.
- If under a law of a State or Territory every Sunday is declared or prescribed by or under that law to be a public holiday, there is no entitlement to receive payments as a public holiday if the employee would have worked, or does perform work, on that day. In these circumstances, payment will only be made at the public holiday rate of pay if the employee performs work on that day, and the Sunday would otherwise be a public holiday under clause157(i) to (viii).
- If under a law of a State or Territory Easter Tuesday is declared or prescribed by or under that law to be a public holiday not observed generally within the State or Territory or a region of the State or Territory (restricted), there is no entitlement to receive payment as a public holiday if the employee would have worked, or does perform work, on that day. The employee will receive payment for that day as if it were an ordinary day.