Personal Leave Guideline
| Document Number | 000837 |
|---|---|
| Date Approved | 22 October 2007 |
| Date Last Amended | 21 February 2012 |
1. Overview
1.1. Coverage of Guidelines
1.1.1. These guidelines are provided to assist both supervisors and staff in the application of the University's Personal Leave provisions
1.2. Types of Personal Leave
1.2.1. Personal Leave is available to staff to provide leave of absence to staff unable to work as a result of:
- Sick Leave - Illness, injury or incapacity
- Caring for a family member/member of the household suffering from an illness, injury or incapacity
- Compassionate needs
- Bereavement
- Unforeseen emergency
- Moving residence
- Attendance at significant cultural events of relevance to the staff member
1.3. Conditions
1.3.1. Period of Personal Leave - Personal Leave may be taken for periods of one (1) hour or greater.
1.3.2. The reason for taking Personal Leave may involve providing care for a family member or member of the household suffering from an illness, injury or incapacity. For the purposes of Personal Leave a family member/member of the household is defined as any of the following:
1.3.2.1 A spouse or partner of the staff member, including same sex partner, former partner, de facto partner or a former de facto partner.
1.3.2.2 A child (including an adopted child, step child or foster child), parent (including a foster parent or legal guardian), grandparent, grandchild or sibling of the staff member or spouse/partner of the staff member.
1.3.2.3 Any other close relative of the staff member, where “close relative” means a person related by blood, marriage or affinity, with whom the staff member has a significant relationship, or any other person with whom the staff member has a close and significant relationship.
1.3.3. Providing care is defined as:
1.3.3.1 Tending to a family member or member of the household suffering from an illness, injury or incapacity where alternative care/carers are not available
1.3.3.2 The supervision of dependents where an unforeseen emergency or event has occurred.
1.4. Staff Members’ Responsibilities
1.4.1. Staff members will, wherever practicable, give their supervisor prior notice of:
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Intention to take leave;
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Reasons for taking leave;
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Estimated length of absence; and
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The nature of the relationship involved when accessing ‘Caring for a family member/member of the household’, ‘Compassionate Needs’ and ‘Bereavement’. Including, where appropriate, the care involved.
1.4.2. Notification of absence - If it is not possible for a staff member to give prior notice of the absence, the staff member will notify the supervisor of the absence as soon as practicable, stating the details outlined above.
1.4.3. Providing evidence - If any absence under the Personal Leave provisions exceeds three consecutive working days the staff member applying for the leave must provide a medical certificate, statutory declaration or other evidence stating the nature of the circumstances involved and that the staff member is/was unable to attend duty on the days of absence.
It is in the staff member’s interest to provide or retain, wherever possible, evidence of the need for accessing Personal Leave on each occasion, including those of three (3) days or less duration.
1.4.4. Staff members must apply for leave via HROnline on their return from Personal Leave and if necessary supply further evidence as stated in 1.4.3. If unable to access HROnline a Leave Application Form must be completed. Leave Applications can be found at this link.
1.5. Supervisors’ Responsibilities
1.5.1. Supervisors must ensure that leave is applied for and approved on the staff member’s return from Personal Leave. If the absence exceeds three days, medical certificates or a statutory declaration stating the nature of the circumstances involved must be submitted to the supervisor and for auditing purposes either provided to HRS or alternatively retained within the work area.
Supervisors should also advise staff that it is in the staff member’s interest to provide or retain, wherever possible, evidence of the need for accessing Personal Leave on each occasion, including those of three (3) days or less duration.
1.5.2. To ensure that a staff member’s Personal Leave accrual is debited for leave taken, supervisors must have a system in place to ensure that a staff member has applied for Personal Leave through HR Online. To aid this process supervisors should use the ‘Team Management’ section in HR Online.
1.6. Work/Life Balance
1.6.1. Apart from Personal Leave a number of leave entitlements may exist which can help staff members meet their family or cultural responsibilities. These include: Annual Leave, Long Service Leave, Leave Without Pay, Flexible Hours and Parental Leave, etc.
1.6.2. Excluding sick leave, where a staff member and supervisor anticipate the absences due to personal reasons may be regular or for extended periods, the staff member and the supervisor must explore alternative means of balancing University needs and family and personal responsibilities, including home based work, part time work or job share arrangements.
1.7. Number of Personal Leave Days Available
1.7.1. Full-time continuing or fixed-term staff members will, subject to approval, have access to a maximum 25 days Personal Leave in any twelve (12) month period.
1.7.2. Personal leave accrues on a daily basis from commencement of employment. Staff are entitled to access Personal Leave as it accrues. For example, a full time staff member who has not utilised Personal Leave will have accrued 12.5 days after six months service. In extenuating circumstances, the University may grant an advance. Staff who access this leave will have a negative balance on their leave record until they have worked the required time period to accrue the hours used in advance.
1.7.3. A part-time staff member will receive pro rata of the full-time staff member’s Personal Leave entitlements.
1.7.4. A casual staff member is entitled to not be available to attend work or to leave work for up to two days per occasion for Personal Leave related matters. A casual staff member is not entitled to any payment for the period of non attendance owing to such an absence.
1.7.5. It is expected that paid Personal Leave will be on a short-term basis to meet unforseen or pressing family or cultural responsibilities. Where extended periods are sought, the staff member and their supervisor must meet to explore the circumstances of the particular case. If the period of leave is for an extended period, consideration is to be given to unpaid leave, or granting other leave.
1.8. Cumulative Sick Leave Provision
1.8.1. As part of the Personal Leave provision, a cumulative sick leave component will apply on the following basis:
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For full-time staff, 15 days per year of service less the number of sick leave days taken during the period of service;
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For part-time staff, 15 days per year of service (pro rata) less the number of sick leave days taken during the period of service.
1.9. Access to Cumulative Sick Leave Provision
1.9.1. Where a staff member has exhausted their Personal Leave as provided for in 1.7, the staff member may access their cumulative sick leave for the purposes of sick leave.
1.10. Access to Other Types of Leave
1.10.1. Unexpected Emergencies - Where a staff member has exhausted their Personal Leave as provided for in 1.7 and does not have any annual leave or Long-Service Leave (LSL) available, then Leave Without Pay (LWOP) will be made available for unexpected emergencies wherever possible.
1.10.2. Foreseen Occurrences – Where there is sufficient notice and it is reasonable and practicable that alternative arrangements can be put in place, staff should access flex leave, annual leave or LSL. Examples may include:
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curriculum days
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student/pupil free days
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school holidays
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teachers strikes where notice has been given
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court attendance (for personal reasons)
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in instances where flex leave, annual leave or LSL is not available, LWOP may be accessed.
1.10.3. Personal Reasons - staff may use flex leave, annual leave or LSL for personal reasons within their control and not covered by Personal Leave such as:
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house inspections
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appointments with professionals etc on non-carer related issues
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contract signing
1.10.4. When considering taking LWOP staff should be aware that that LWOP periods of five days or more do not count towards incremental advancement or service and may impact on their superannuation arrangements.
1.11. Inappropriate Use of Personal Leave
1.11.1. Where evidence of inappropriate Personal Leave usage patterns by a staff member emerges, the University may either:
- Require documentary evidence for each future period of leave for a prescribed period of time, but for no longer than twelve (12) months;
- Where justified, refer the matter to the Unsatisfactory Performance or Misconduct procedures.
1.12. Management of Extensive or Repetitious Personal Leave Situations
1.12.1. The aim of this part of the guidelines is to assist staff and supervisors in managing situations where absence is continuing or where the amount of Personal Leave is repetitious.
1.12.2. Personal Leave is a provision not an entitlement. If the amount of Personal Leave taken by a staff member becomes extensive, repetitious, a pattern emerges or there is cause for concern in terms of the staff member’s capacity to perform the duties and undertake responsibilities required, the supervisor should contact HRS to discuss the matter and options available.
1.12.3. A Supervisor can request that the Human Resource Services Team review absences over a specified period. This may be for a particular staff member or the immediate work area as a whole.
1.12.4. The guidelines below are based on a full time staff member. Part time staff members’ provisions are on a proportionate basis.
As a guide, staff members who take more than five (5) occasions of Personal Leave or more than ten (10) days in total of Personal Leave e.g. in lots of one or two days without supporting evidence in any 12 month period will be identified. HRS will provide monthly reports to Faculties and Divisions to assist in regular monitoring.
1.12.5. Privacy – At all times The University’s Privacy Management Plan governs the staff member’s right to confidentiality.
1.12.6. In determining what action, if any, is appropriate the following may be taken into consideration:
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Occasions of Personal Leave
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Total Personal Leave days taken
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Provision of supporting evidence
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Pattern of Personal Leave
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Absences on particular dates
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Duration of absences
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Reasons provided by the staff member
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Other leave and attendance levels and patterns
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The working environment
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Personal circumstances
1.12.7. If it is determined that a meeting needs to be conducted the supervisor will contact the staff member to make the necessary arrangements. A member of HRS can be in attendance if requested by the supervisor.
1.12.8. The supervisor will inform the staff member in advance of the reason for the meeting. The staff member, where they so choose, may be assisted by a representative (where this occurs a HR staff member will also be present to support the manager). The aim of this initial meeting being for the supervisor to discuss with the staff member the nature of the circumstances relating to the absences and to ascertain whether the need is legitimate, what alternatives exist, mitigating circumstances or whether recovery may be achieved or be expected to be sustained.
1.12.9. Where evidence of inappropriate Personal Leave usage patterns by a staff member emerges, the relevant Head of School/ Director, on advice from HRS, will:
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Require documentary evidence for each future period of leave, for a prescribed period of time, but for no longer than twelve (12) months;
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Refer the matter to the Unsatisfactory Performance or Misconduct processes.
A further meeting date will be set to review the staff member’s progress.
1.12.10. If it becomes evident that a staff member’s Personal Leave is related to personal difficulties, it may be suggested that the staff member receive counselling through the Employee Assistance Program.
1.12.11. The supervisor will provide the staff member with a letter (drafted in consultation with the Human Resource Services Team, HRS) confirming that the initial meeting took place, the details of the steps to be taken and the next meeting date. A copy will be forwarded to HRS for recording on the staff member’s personal file. Any written response from the staff member will also be placed on the personal file.
1.13. Appeals on Personal Leave Matters
1.13.1. A staff member may make an application in writing to the appropriate Deputy Vice-Chancellor to review a decision in relation to Personal Leave.
2.0. Illness, Injury or Incapacity
2.1. Purpose
2.1.1. This form of Personal Leave enables staff members to take time off when personally ill, injured or incapacitated.
2.1.2. Duty of Care – Personal Leave may be granted in the interests of the health of the staff member, other staff members or the public. The NSW Occupational Health and Safety Act 2000 covers the responsibilities of the University and its staff members regarding duty of care.
2.1.3. The University may require a staff member whose capacity to perform the duties of his or her office is in doubt to undergo a medical examination. This may relate to a safety issue, the staff member being a potential danger to themselves or other members of staff, or a matter relating to fitness for continuing employment
2.2. Confirmation of Accumulated Leave Balance for Illness, Injury or Incapacity
2.2.1. Sick leave calculations and the way in which they are recorded (i.e. from manual to computerised) have changed along with new Agreements and AWA’s. A staff member, employed prior to 1 July 1995 by the University or its pre-amalgamation organisations requiring long term leave due to illness, injury or incapacity, may apply to the Human Resource Services Team to have their sick leave balance confirmed to ensure they have access to their full entitlement.
2.3. Considerations for Supervisor
2.3.1. Where a staff member will be absent for a period of more than three weeks the supervisor must contact the Human Resource Services Team to inform them of the nature of the illness, injury or incapacity and expected duration.
2.3.2. When making decisions on whether to approve or refuse an application for Personal Leave for Illness, Injury or Incapacity, supervisors should be mindful of the purpose of this leave type and should be satisfied that:
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Personal Leave is the appropriate type of leave in the circumstances and that it is a genuine illness, injury or incapacity situation consistent with these guidelines. If not, another type of leave may be suitable;
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the period of leave is within the limits noted in these guidelines;
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there is not a regular pattern of Personal Leave that raises questions a bout the validity of the request, and
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the relevant documentation is provided when required as outlined in 1.4.3.
2.4. Occupational Rehabilitation
2.4.1. If, as a result of an absence due to illness, injury or incapacity a staff member has difficulty returning to work, the University will develop a Return to Work Plan (RTW Plan) in accordance with the University’s procedures which can be found at: http://www.newcastle.edu.au/service/health-safety/injury-management/workers-compensation/return-to-work-program.html
The RTW Plan may involve a phased return to work, reduced hours, temporary or permanent alternative duties.
2.4.2. Personal Leave, if available, could be used to maintain normal pay or the staff member could return on a part-time (reduced pay) basis. For further information contact the Health, Safety & Environment Team in HRS.
2.5. Incapacity - Ill Health
2.5.1. A staff member whose capacity to perform the duties of his or her office is in doubt due to excessive use of sick leave, may be required to undergo a medical examination by a practitioner chosen by the University (refer to clause 18.1 in the Workplace Agreement – Academic and Professional Staff).
2.6. Retirement on the Grounds of Ill Health
2.6.1. A staff member may request retirement on the grounds of ill health. Such a request will be in writing with supporting medical evidence. In response, if the supervisor and HRS support the request, the University may require a medical examination. The medical report would then supplement the retirement on the grounds of the ill health request.
2.6.2. HRS will advise on options available prior to proceeding with a retirement on the grounds of an ill health request. Requirements and procedures will vary due to differing superannuation provisions.
3.0. Caring for a Family Member suffering from illness, injury or incapacity
3.1. Purpose
3.1.1 This form of Personal Leave enables staff members to provide short term care and support to an immediate family or household member in the case of illness, injury or incapacity.
3.1.2. For the purposes of Personal Leave a family member includes any of the following:
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A spouse or partner of the staff member including: same sex partner, former partner, de facto partner or a former de facto partner.
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A child including an adopted child, step child or foster child, parent (including a foster parent or legal guardian), grandparent, grandchild or sibling of the staff member or spouse/partner of the staff member.
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Any other close relative of the staff member, where “close relative” means a person related by blood, marriage or affinity, with whom the staff member has a significant relationship, or any other person with whom the staff member has a close and significant relationship.
3.1.3. In the majority of circumstances where Personal Leave is taken, the person requiring care would reside with the staff member, although it is not a prerequisite that the person do so.
Where the person requiring care does not reside with the staff member, the person applying for Personal Leave should reasonably be considered as the primary carer. As an example, two siblings living separately from their elderly parents could both be considered primary carers. In this instance the siblings may share caring responsibilities, however, only one should be considered as the primary carer at any one time, being eligible for Personal Leave. Alternatively a person may occasionally care for a neighbour’s children, yet they would not be considered a primary carer as that role would be the children’s parents. In this case Personal Leave would not be appropriate.
3.2. Examples of Suitable Use
3.2.1. The following provides examples of instances when it would be suitable to apply for and be approved for caring for a family member/member of the household suffering from illness, injury or incapacity, noting that the care should be for a child or adult that falls within the definitions at 3.1.2:
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to care for a child who is unable to attend where they normally spend their day, eg school/creche/childcare/work due to illness and is unable to care for him or herself.
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to care for an adult for the period that he or she is unable to care for him/herself due to illness and requires attendant care.
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to accompany a person under care to attend medical, dental or legal appointments, and where it can be demonstrated that support or assistance for the person is necessary.
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to attend appropriate appointments, for children under care, such as regular medical treatment. Piano lessons, extra academic tuition etc are not acceptable.
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to attend to non-medical emergencies relating to a person under care such as a runaway child, or a person under care in such distress they require support.
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to attend appointments on behalf of a person under care to make longer-term or respite care arrangements.
3.3. Examples of Unsuitable Use
3.3.1. The following provides examples of when it would be unsuitable to apply for or be approved for Personal Leave:
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as a replacement for long-term caring responsibilities, or to deal with planned changes in normal care arrangements.
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to meet caring responsibilities for children during:
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school holidays
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long-term full-time care arrangements
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pupil free/curriculum days
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social/sports days
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teacher strikes where advance notice has been given
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to care for pets or animals.
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to visit someone in hospital when that person is clearly being cared for by hospital employees.
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as a substitute for other leave should other leave be not granted, for example flex leave, unless appropriate documentation is provided.
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to care for friends or relative’s children when the staff member is not the primary carer for those children.
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for any period related to a spouse or partner giving birth, or to care for their other children during this period. Parental Leave is provided for this purpose.
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to run a business or assist with the work of a person who requires care during their period of illness.
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grandparents caring for grandchildren when parents are unavailable during school holidays or after school.
3.4. Considerations for Supervisors
3.4.1. When making decisions on whether to approve or refuse an application for Personal Leave for caring for a family member/member of the household due to illness, injury and incapacity, supervisors should be mindful of the purpose of this leave type and should be satisfied that:
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this type of Personal Leave is appropriate i.e. ‘Unforseen Emergency’ (see 6.0) should be used in situations where organised child care arrangements have failed for reasons outside the control of the staff member;
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Personal Leave is the appropriate type of leave in the circumstances. That it is a genuine caring situation consistent with these guidelines. If not another type of leave may be suitable;
the relationship is consistent with these guidelines; -
the period of the leave is within the limits noted in these guidelines;
there is not a regular pattern of Personal Leave that raises questions about the validity of the request; and -
the relevant documentation is provided when required as outlined in 1.4.3.
4. Compassionate Needs
4.1. Purpose
4.1.1. This form of Personal Leave enables staff members to take time off for compassionate reasons.
4.2. Examples of Suitable Use
4.2.1. Any personal situation which renders the staff member unable to attend work due to shock and/or being in an emotionally distressed state. Reasons for compassionate leave are varied and could include:
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Act of a criminal nature made against the staff member or family member;
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A family member diagnosed with a serious illness;
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Loss of home due to natural causes.
4.3. Considerations for Supervisor
4.3.1. When making decisions on whether to approve or refuse an application for Personal Leave for Compassionate Needs, supervisors should be mindful of the purpose of this leave type and should be satisfied that:
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Personal Leave is the appropriate type of leave in the circumstances. That it is a genuine compassionate situation consistent with these guidelines. If not another type of leave may be suitable;
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the relationship is consistent with these guidelines;
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the period of the leave is within the limits noted in these guidelines;
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there is not a regular pattern of Personal Leave that raises questions about the validity of the request, and
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the relevant documentation is provided when required as outlined in 1.4.3.
5. Bereavement
5.1 Purpose
5.1.1. This form of Personal Leave enables staff members to take time off for bereavement reasons of the following:
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A spouse or partner of the staff member including: same sex partner, former partner, de facto partner or a former de facto partner.
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A child including an adopted child, step child or foster child, parent (including a foster parent or legal guardian), grandparent, grandchild or sibling of the staff member or spouse/partner of the staff member.
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Any other close relative of the staff member, where “close relative” means a person related by blood, marriage or affinity, with whom the staff member has a significant relationship.
5.2. Examples of Suitable Use
5.2.1. The length of Personal Leave will vary depending on whether the staff member is involved in arranging the funeral and whether travel is necessary.
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Generally, a staff member may take one (1) day off to attend a funeral.
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Where the staff member is involved in funeral arrangements and/or extended travel is necessary; or where a period of mourning is a cultural obligation, the supervisor is to consider what is deemed to be an appropriate period of leave. Generally this would be limited to a maximum of five (5) days.
5.2.2. An employee will need to provide appropriate documentation if requested, or if the absence will be for more than three (3) days.
5.3. Examples of Unsuitable Use
5.3.1. The following provides examples when it would be unsuitable to apply for or be approved for Personal Leave:
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attending a funeral of a friend, distant relative, or neighbour (not satisfying definition under 5.1.1 above);
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bereavement following death of a household pet
In these situations other types of leave should be utilised.
5.4. Considerations for Supervisor
5.4.1. Supervisors should appreciate the importance of the funeral in many cultures and that if interstate travel is required the staff member may give little notice of their impending absence.
5.4.2. When making decisions on whether to approve or refuse an application for Personal Leave for bereavement, supervisors should be mindful of the purpose of this leave type and should be satisfied that:
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Personal Leave is the appropriate type of leave in the circumstances. That it is a genuine situation consistent with these guidelines. If not, another type of leave may be suitable;
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the relationship is consistent with these guidelines;
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the period of the leave is within the limits noted in these guidelines;
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there is not a regular pattern of Personal Leave that raises questions about the validity of the request, and
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the relevant documentation is provided when required as outlined in 1.4.3.
6. Unforeseen Emergency
6.1. Purpose
6.1.1. This form of Personal Leave enables staff members to take time off due to an unforeseen emergency where in the opinion of the University such leave should be granted.
6.2. Examples of Suitable Use
6.2.1. Examples of the suitable use of Personal Leave for unforeseen circumstances are:
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organised child care arrangements have failed (with little or no warning) for reasons outside the control of the staff member, ie child carer sick or child care centre closed due to storm damage, etc. Short term only, until other arrangements can be made;
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fire, flood or storm damage to home;
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severe storm damage that prevents staff member from attending their place of work;
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vehicle accident, where the staff member is uninjured.
6.3. Examples of Unsuitable Use
6.3.1. Examples of the unsuitable use of Personal Leave for unforeseen circumstances are:
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house inspection;
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Court attendance for non work related matters;
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attendance at another person’s graduation ceremony;
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teachers’ strike, where advance notice has been given;
curriculum days; -
student/pupil free days.
6.4. Considerations for Supervisor
6.4.1. When making decisions on whether to approve or refuse an application for Personal Leave for Unforeseen Emergency, supervisors should be mindful of the purpose of this leave type and should be satisfied that:
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Personal Leave is the appropriate type of leave in the circumstances. That it is a genuine unforseen emergency consistent with these guidelines. If not, another type of leave may be suitable;
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the period of the leave is within the limits noted in these guidelines;
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there is not a regular pattern of Personal Leave that raises questions about the validity of the request, and
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the relevant documentation is provided when required as outlined in 1.4.3.
7. Moving Residence
7.1. Purpose
7.1.1. This form of Personal Leave enables staff members to take time off to move residence.
7.1.2. When applying for Personal Leave in order to move residence, staff must update their residential address through HR Online at: http://hronline.newcastle.edu.au
7.2. Examples of Suitable Use
7.2.1. One (1) day of Personal Leave is available for the purposes of moving residence. This is the day when the bulk of a staff member’s possessions will be packed, in transit and unpacked. For staff members with possessions coming from interstate or overseas this will be the day that their possessions arrive for unpacking.
7.2.2. Personal Leave for Moving Residence will be granted for:
- moving of staff member’s permanent place of residence,
- moving of staff member’s permanent place of residence to a temporary residence due to unforeseen circumstance or the building of a permanent residence, etc.
7.3. Considerations for Supervisor
7.3.1. When making decisions on whether to approve or refuse an application for Personal Leave for Moving Residence, supervisors should be mindful of the purpose of this leave type and should be satisfied that:
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Personal Leave is the appropriate type of leave in the circumstances. That it is a genuine situation consistent with these guidelines. If not another type of leave may be suitable;
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the period of the leave is within the limits noted in these guidelines at 7.2.1 and 1.12.4;
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there is not a regular pattern of Personal Leave that raises questions about the validity of the request, and
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the relevant documentation is provided when required as outlined in 1.4.3.
8. Attending Significant Cultural Events of Relevance to the Staff Member
8.1. Purpose
8.1.1. This form of Personal Leave enables staff members to take time off to attend a significant cultural event of significance to the staff member.
8.1.2 This type of Personal Leave is treated independently of ‘Indigenous Australian Leave’.
8.2. Examples of Suitable Use
8.2.1. Examples of the suitable use of Personal Leave for significant cultural events of relevance to the staff member are:
- to participate in religious or national events or days with which the staff member is culturally associated.
- fulfil cultural obligations related to the culture with which the staff member or staff member’s partner, family or community group identifies.
8.3. Considerations for Supervisor
8.3.1. When making decisions on whether to approve or refuse an application for Personal Leave for Attending Significant Cultural Events of Relevance to the Staff Member, supervisors should be mindful of the purpose of this leave type and should be satisfied that:
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Personal Leave is the appropriate type of leave in the circumstances. That is it is a genuine situation consistent with these guidelines. If not, another type of leave may be suitable;
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the period of the leave is within the limits noted in these guidelines at 1.12.4;
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there is not a regular pattern of Personal Leave that raises questions about the validity of the request, and the relevant documentation is provided when required as outlined in 1.4.3.
9. Further Information
9.1. Enquiries regarding these guidelines should be directed to the Human Resource Services Team. Contact details are available at: http://www.newcastle.edu.au/service/recruitment/contacts.html
| Approval Authority | Vice-Chancellor |
|---|---|
| Date Approved | 22 October 2007 |
| Date Last Amended | 21 February 2012 |
| Date for Review | 22 October 2010 |
| Policy Sponsor | Deputy Vice-Chancellor (Services) |
| Policy Owner | Director, Human Resource Services |
| Policy Contact | Manager, Human Resource Services |
| Amendment History | Change in terminology from "general" to "professional" staff, approved by the Vice-Chancellor 21 February 2012, effective 1 January 2012. |