leave policy - city of gold coast · 2019. 7. 3. · leave policy appendix a: procedures and leave...

Leave Policy

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DETAILS Council Admin

Effective from: 18 June 2019 Contact officer: Chief People and Culture Officer Next review date: June 2021 File reference: HR136/678/07(P1) iSpot #

This policy 23740931 Value Proposition 41628808

OBJECTIVES AND MEASURES Objectives • assist employees to achieve an appropriate balance between work and

family commitments; • define employee leave entitlements; • ensure that the taking and approval of leave is effected in accordance

with those entitlements; • minimise leave liability accruing to Council of the City of Gold Coast

(Council) Performance Measures Compliance with industrial relations legislation and relevant industrial

instruments including Council’s Certified Agreement. Risk assessment Low

POLICY STATEMENT Council employees are entitled to leave in accordance with the provisions of Council’s Certified Agreement (previously known as the Enterprise Bargaining Agreement (EBA)) and relevant Parent Awards as listed within the Certified Agreement. All leave must be approved by the appropriate approving officer in accordance with the Leave Approvals Matrix (Appendix C). Note that the source of entitlements is the Certified Agreement (and in some cases the underpinning parent Awards). This policy is designed to present the entitlements in an accessible manner, however does not alter or override the terms of the Certified Agreement. On occasions it may be necessary to refer to the Certified Agreement and/or Parent Awards for further information.

SCOPE The attached leave entitlements apply primarily to ongoing employees, fixed-term (maximum-term) employees and executive contract officers. Unless otherwise stated, leave entitlements do not apply to casual employees. This policy does not apply to Councillors.

DEFINITIONS Refer to Appendix A: Procedures and Leave Entitlements

RELATED POLICIES AND DELEGATIONS Delegated Power and Authorisations Policy Learning and Development Policy Higher Duties and Secondments Policy Injury and Illness Management and Return to Work Policy Vehicle Allocation and Use Policy Work Outside of Council Policy

Leave Policy

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LEGISLATION Local Government Act 2009 (Qld) and Local Government (Operations) Regulation 2012 Industrial Relations Act 2016 (Qld)

SUPPORTING DOCUMENTS Appendix A – Procedures and Leave Entitlements Appendix B – Summary Table of Leave Entitlements Appendix C – Leave Approvals Matrix

Council’s Certified Agreement and relevant Parent Awards

RESPONSIBILITIES Sponsor Director Organisational Services Owner Chief People & Culture Officer

VERSION CONTROL

Document Date Approved Amendment

23740931 v8 19.06.19 COO #73788819 Minor corrections, updates

23740931 v7 08.05.17 #62060441 Minor corrections, effective date unchanged

23740931 v6 19.08.16 COO iSpot #57476902 Major amendments

23740931 v5 14.04.11 CEO iSpot 30838767

23740931 v4 14.04.11 28/07/2010 – 14/04/2011 Admin Policy iSpot# 28630217

23740931 v3 28.07.10 10/10/2007 – 28/07/2010 iSpot #28630217

23740931 v2 10.10.07 25/06/2007 – 10/10/2007 CEO – Insert 2.1.2 AND 2.5.3

23740931 v1 25.06.07 01/07/2006 – 25/06/2007 Delegation 602

Leave Policy Appendix A: Procedures and Leave Entitlements

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For a more detailed statement of leave entitlements and conditions, please refer to the Council’s Certified Agreement.

1.0. INTRODUCTION ................................................................................................................................. 2

1.1. Definitions ............................................................................................................................................ 2

1.2. Leave approval process ...................................................................................................................... 3

1.3. Responsibilities of approving officers .................................................................................................. 3

2.0. LEAVE ENTITLEMENTS .................................................................................................................... 4

2.1. Annual leave ........................................................................................................................................ 4

2.2. Bereavement leave ............................................................................................................................. 5

2.3. Blood bank donations .......................................................................................................................... 5

2.4. Court attendance ................................................................................................................................. 6

2.5. Jury service ......................................................................................................................................... 6

2.6. Leave without pay ............................................................................................................................... 6

2.7. Long service leave .............................................................................................................................. 7

2.8. Mid-career break ................................................................................................................................. 8

2.9. Military leave........................................................................................................................................ 8

2.10. Parental leave ................................................................................................................................... 9

2.11. Personal leave ................................................................................................................................. 13

2.12. Rostered days off ............................................................................................................................ 15

2.13. Special leave ................................................................................................................................... 16

2.14. Study leave ...................................................................................................................................... 16

2.15. Time off in lieu (toil) ......................................................................................................................... 16

2.16. Make-up Time ................................................................................................................................. 17

2.17. Union representative training .......................................................................................................... 17

2.18. Volunteer emergency service .......................................................................................................... 17



1.0. INTRODUCTION 1.1. DEFINITIONS Approving officer - the officer authorised to approve leave. An employee’s approving officer may be a supervisor, coordinator, executive coordinator, manager, director or the Chief Executive Officer. Adopted Child - a child of the employee under school age, or a person under school age who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the partner of the employee or child who has previously lived continuously with the employee for a period of six months or more. Contractors and contingent labour - contractors and contingent labour are not employees of Council; consequently, leave entitlements under this policy are not available to those workers. De facto relationship - a relationship between two adults who:

• live together as a couple on a genuine domestic basis; • are not married; • are not related by family.

Employees -

Full-time employee: a person who is employed at the maximum ordinary weekly hours for their position in accordance with Council’s Certified Agreement or relevant Award (or contract for executive employees). Part-time employee: those employees who are employed to work fewer ordinary weekly hours than the full-time hours relevant to their position. Part-time employees accrue entitlements on a pro-rata basis. Ongoing Employee: an ongoing employee has no end date specified in their contract of employment; they may be employed on a full-time or part-time basis. Temporary (Fixed-Term) employee: these employees' contracts of employment have an end date specified for expiry of the contract; they may be employed on a full-time or part-time basis. Casual employee: casual employees are employed on an hour-by-hour basis and are not ongoing employees. Casual employees are paid a loading in lieu of the accrual of entitlements (such as personal and annual leave). Executive Officer: a person who is employed on an executive fixed term contract of employment; their contract may specify which leave conditions under this policy are applicable. Executives engaged on a part-time basis will receive pro rata leave entitlements.

Immediate family -

A partner or spouse (including a former spouse, a de facto spouse and a former de facto spouse, spouse of the same sex) of the employee; A child or an adult child (including an adopted child, a step child, foster or ex foster child, or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee; Council acknowledges that the above definition of immediate family or household member may not always cover the diverse and varying range of potential personal circumstances that may exist for employees in relation to family and caring responsibilities. Employees with extraordinary circumstances may make



application for Personal Leave and Bereavement Leave, and where an agreement cannot be reached the Grievance and Disputes Procedures contained within the Certified Agreement apply.

Household - all persons who reside in the employee’s primary place of residence. Ordinary pay - Means the rate of pay that an employee would normally expect to receive for working ordinary hours on an ordinary day of the week, including over award payments. Ordinary pay excludes overtime, penalty rates of all types – including those attached to working ordinary hours (for example) on a Saturday, disability allowances, shift allowances, special rates. It also excludes fares and travelling time allowances, bonuses and other ancillary payments of a like nature. 1.2. LEAVE APPROVAL PROCESS 1.2.1. Most types of leave require a leave request to be submitted, and any related documentation to be completed by the employee requesting the leave. This can be done online using our Employee Self Service software HR21, or by filling in an Application for Leave Form via the intranet. The leave request must be approved by the applicant’s relevant approving officer (in accordance with Appendix C - Leave Approval Matrix). Once approved, the approving officer is to forward to People and Culture for processing. 1.2.2. Unless otherwise agreed, all planned leave (e.g. annual leave, long service leave) should be requested and approved 30 days prior to taking the leave. Any changes to the approved leave should be made to the People and Culture Branch in writing with the endorsement of the approving officer. 1.2.3. All planned leave is subject to operational convenience as determined by the relevant approving officer. Approval may be restricted during peak work periods. Applications for leave due to extenuating circumstances during those periods will be considered on merit. 1.2.4. Unplanned personal leave requests must be made as soon as possible, or referred to the approving officer immediately upon returning to work. 1.2.5. When taking personal leave, employees should inform their approving officer as early as possible, and in any case, within 1 hour of their usual start time on the first day of leave. Employees should ensure that notification of their absence is received by speaking directly to their supervisor, or where the supervisor is unavailable, an employee in the local work area. Where such leave is to be extended, notice again should be given as early as possible and within one (1) hour of the usual start time. 1.3. RESPONSIBILITIES OF APPROVING OFFICERS 1.3.1. All leave requests are to be referred to the employee’s approving officer to approve or decline the leave. When recommending that leave be approved, the approving officer should satisfy themselves that the request complies with policy provisions, that the employee has sufficient leave accrued and that the conditions for granting the leave are fulfilled. 1.3.2. It is the responsibility of the approving officer to inform the employee of the decision to approve or decline the absence (and if so, the reasons for that decision) and to refer any approved requests to the People and Culture Branch where the employee’s entitlements will be assessed and the leave processed accordingly.



2.0. LEAVE ENTITLEMENTS For specific details on leave entitlements, please refer to the Certified Agreement. Unless otherwise stated, leave entitlements do not apply to casual employees. 2.1. ANNUAL LEAVE 2.1.1. Annual leave entitlement and accrual 2.1.1.1 Employees are entitled to four weeks annual leave on full pay; employees working on shift work rosters (where shifts are rotated over 24 hours per day, seven days per week) may accrue five (5) weeks annual leave on full pay. 2.1.1.2 Part-time employees accrue paid annual leave on a pro-rata basis. 2.1.1.3 Annual leave does not accrue for periods of leave without pay which exceed three months. 2.1.1.4 The purpose of annual leave is to provide rest and recuperation. To encourage employees to establish a balance between their working and personal lives, annual leave accruals should not exceed two years of entitlements. 2.1.1.5 An employee who resigns or is terminated for any reason will be paid their accrued and pro-rata annual leave in their final payment. 2.1.2. Conditions of leave 2.1.2.1. Unless otherwise approved, annual leave may not be taken before the first anniversary of the employee’s appointment. If it is considered appropriate by the approving officer, annual leave may be approved prior to the due date of the employee’s entitlement on a pro-rata basis. 2.1.2.2. Subject to approval, employees may be entitled to extend their annual leave on half pay due to family responsibilities, study or special circumstances as deemed appropriate by the relevant approving officer. A minimum period of one week applies. 2.1.2.3. Generally, annual leave debited from the employee’s annual leave balance excludes any statutory holiday occurring during the period of that annual leave unless an industrial instrument provides otherwise. 2.1.2.4. Council may close down operations in certain work areas to allow annual leave to be taken by employees. In such circumstances, paid leave may only be taken for the leave that is accrued. Six (6) months notice of an intended closedown will be given. 2.1.2.5. Unless otherwise approved, the rate of pay for annual leave shall be the rate applicable to the employee immediately prior to the commencement of annual leave. 2.1.3. Illness or injury during annual leave Subject to approval, an employee who becomes ill or injured while on annual leave may be entitled to have the period of illness recorded as personal sick leave. The employee must provide the approving officer with a certificate signed by a qualified medical practitioner certifying that the employee was incapacitated by such illness to the extent that the employee would be unfit to perform normal duties for a period of not less than five days (which may include an RDO). Any period of annual leave previously approved during this period may be re-credited and personal leave taken instead.



If personal leave is approved, the employee's annual leave entitlement shall be adjusted accordingly. 2.1.4 Annual Leave Loading Award-based employees are entitled to an annual leave loading payment equal to 17.5 per cent. 2.2. BEREAVEMENT LEAVE 2.2.1 Bereavement leave eligibility 2.2.1.1. Subject to approval, employees are entitled to bereavement leave in the event of the death of an immediate family member or a member of the employee’s household (refer to definitions). Where considered appropriate by the approving officer, the production of satisfactory evidence may be required. 2.2.1.2. Employees who are friends, acquaintances, or other relative of the deceased and wish to attend the funeral may be granted time off up to a maximum of two hours on a time make-up basis by the approving officer. 2.2.1.3. Casual employees are eligible for two (2) days’ unpaid bereavement leave. 2.2.2. Paid bereavement leave entitlement 2.2.2.1. Full-time employees are entitled to up to three (3) days bereavement leave on each occasion. 2.2.2.2. Part-time employees are entitled to three (3) days bereavement leave without loss of pay, up to a maximum of 24 hours. Paid leave is only available for part time employees where the employee would normally work on those days. 2.2.3. Unpaid bereavement leave entitlement Where paid leave entitlements have been fully utilised, employees may seek approval for unpaid bereavement leave. The period of uunpaid leave is subject to negotiation with the relevant approving officer, with the employee eligible for at least two (2) days of unpaid leave. 2.3. BLOOD BANK DONATIONS Subject to approval, employees are permitted up to two hours' time off without loss of pay to attend the Red Cross Blood Bank for the purpose of donating blood. Employees must return to their normal place of work as soon as practicable after making such donation. A leave form is not required to take leave for Red Cross Blood Bank donations.



2.4. COURT ATTENDANCE Employees may be required to attend court to provide evidence in an official capacity as a Council officer (refer 2.4.1). Employees may also be required to attend court in relation to a matter not related to Council business (e.g. as a witness to a vehicle accident) (refer 2.4.2). Attendance by the employee may be subject to operational need. If appropriate, Council may seek an exemption. 2.4.1. Paid attendance in official capacity 2.4.1.1. If an employee is called as a witness to attend court in an official capacity as a Council employee, the relevant approving officer should be informed. Employees must notify the approving officer as soon as practicable of the date upon which they are required to attend court. Employees must provide proof of such attendance, the duration and any amounts payable. 2.4.1.2. A leave form is not required but a Court Attendance Advice is necessary for processing payments. Any fees payable by the Courts are to be reimbursed to Council. Council will pay the employee all reasonable out-of-pocket expenses. 2.4.1.3. If the employee is not required to attend court for any period, the employee must, if practicable, present for work at the earliest opportunity. 2.4.2. Called as a witness other than in an official capacity An employee called as a witness to attend court, other than in their official capacity as a Council employee, may apply for annual leave, use an RDO, or time off in lieu. Alternatively, the employee may apply for leave without pay. 2.4.3. Court attendance during leave Payment received for court appearance performed on weekends, RDOs or leave may be retained by the employee. The employee may also retain any meal allowance, travel, accommodation or other out of pocket expenses received from the Court. 2.5. JURY SERVICE 2.5.1. Where employees are required to attend for jury service during ordinary working hours, leave shall be granted. Where the amount of jury service fee is less than the normal salary of the employee, Council will make up the difference in pay. In practice this will usually mean that employees refund their court fees to Council, and Council will continue to pay the employee their regular salary.

2.5.2. If the employee is not required to attend court for any period, the employee must, if practicable, present for work at the earliest opportunity. 2.6. LEAVE WITHOUT PAY 2.6.1. Employees are entitled to take leave without pay when extenuating circumstances exist and all other paid leave entitlements has been exhausted.

2.6.2. All applications for leave without pay in excess of four weeks must be referred to the relevant director for determination.



2.6.3. Unless otherwise approved, leave without pay should not exceed 12 months.

2.6.4. Leave entitlements do not accrue during periods of leave without pay that exceed three months. Employees should seek advice from People and Culture regarding the impact of leave without pay on their leave accruals and other entitlements and any requirements in regard to superannuation etc.

2.6.5 A period of leave without pay cannot be broken by a period of paid leave.

2.6.6 Unless specifically authorised, an employee will not be entitled to undertake alternative employment during a period of leave without pay.

2.7. LONG SERVICE LEAVE 2.7.1. Long service leave entitlements 2.7.1.1. Employees are eligible for thirteen weeks of long service leave on full pay upon the completion of an initial period of 10 years continuous service (see below) and will continue to accrue long service leave at the rate of thirteen weeks per 10 years' service. 2.7.1.2. Pro-rata long service leave is available to an employee immediately after having completed an initial qualifying period of seven years continuous service with Council. 2.7.1.3. Prior continuous service with other Queensland local government authorities (in accordance with the Local Government Regulation 2012) is deemed as service with Council for calculations of future long service leave payments, unless the employee has taken (or otherwise been paid for) their long service leave entitlements with the former employer. 2.7.1.4. Additionally, prior service with Brisbane City Council (BCC), other Queensland local governments, and local government entities (in accordance with the Local Government (Operations) Regulation 2010) is recognised as service with Council for the purposes of accruing long service leave, where the employee has not previously received payment for that leave entitlement. (Note that where BCC has recognised service with bodies other than Queensland local governments, those entitlements are not transferable to Council). 2.7.2. Long service leave conditions

2.7.2.1. The minimum period of long service leave that may be taken at any one time is one calendar week except: • where an employee is recalled from long service leave for business reasons; • where an employee becomes ill and is granted sick leave instead of the long service leave already

approved; • the employee has a leave arrangement approved in accordance with the Transition to Retirement provisions

of the Certified Agreement. 2.7.2.2. Long service leave is exclusive of public holidays, therefore, any public holidays falling within a period of long service leave must be allowed and will normally be added to the leave (that is, a public holiday falling during the long service leave will extend the period of the leave). 2.7.3. Payment of long service leave 2.7.3.1. Unless otherwise approved, the rate of pay for long service leave shall be the rate applicable to the employee immediately prior to the commencement of long service leave. 2.7.3.2. Subject to approval, employees may be entitled to extend their long service leave on half pay due to family responsibilities, study or special circumstances as deemed appropriate by the relevant approving officer.



Employees will be advised within fourteen (14) days of their application, as to whether the application is approved or not. 2.7.4. Illness or injury during long service leave 2.7.4.1. Subject to approval, an employee who becomes ill or injured while on long service leave may be entitled to have the period of illness debited to the employee's personal leave entitlements. 2.7.4.2. The employee must provide the approving officer with a certificate signed by a registered medical practitioner certifying that the employee was incapacitated by such illness to the extent that the employee would be unfit to perform normal duties for a period of not less than five days (which may include an RDO). Any period of long service leave previously approved during this period may be re-credited and personal leave taken instead. 2.7.4.3. If personal leave is approved, the employee's long service leave entitlement shall be adjusted accordingly. 2.8. MID-CAREER BREAK 2.8.1. Employees with seven (7) years (or more) unbroken employment with Council may apply for an unpaid mid-career break for the purposes of family, study, travel, etc. 2.8.2. Approval of mid-career break requests will be subject to operational requirements being met, and approval should not be unreasonably withheld. Unless otherwise authorised by an employee’s director, annual leave and long service leave credits must be exhausted prior to a mid-career break. 2.8.3 Unless specifically authorised, an employee will not be entitled to undertake alternative employment during a mid-career break. 2.8.4 On return from a mid-career break, an employee’s substantive appointment and all existing remuneration and employment benefits will be guaranteed.

Where such position no longer exists but there are other positions available for which the employee is qualified and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position. 2.9. MILITARY LEAVE 2.9.1. Employees who are required to serve in the Defence Force Reserves are entitled to paid military leave of up to 4 weeks in any one year when required for service by the Defence Force Reserves. Upon return to duty, the employee must produce evidence of attendance from the Defence Force Reserves. 2.9.2. Employees are not required to reimburse Council in respect of payments received by the employee from the defence force for undertaking that military service. 2.9.3. Special consideration will be given to an employee requiring leave for Reserve Military Training purposes in excess of 20 working days in any one year. 2.9.4. Unpaid leave not exceeding 80 consecutive weeks will be granted to employees who are obliged to undertake full-time military service.



2.9.5. Except in unusual circumstances military leave granted under this policy will be treated as unbroken service when calculating annual leave, long service leave and sick leave or any other entitlement. 2.10. PARENTAL LEAVE 2.10.1 General eligibility to parental leave 2.10.1.1. After 12 months continuous service, an employee is entitled to a period of up to 52 weeks parental leave for the: • birth of their child; or • adoption of a child under school age.

Paid and unpaid parental leave, up to 52 weeks, may be shared between partners (that is, only one parent at a time). This is regardless of the fact that different employers may employ the employee and their partner. An employee’s entitlement to parental leave is reduced by any period of parental leave taken by their partner in respect of the birth or adoption of the same child. 2.10.1.2. An employee and their partner may take parental leave concurrently or simultaneously for: • an unbroken period of up to three weeks at the time of birth; • an unbroken period of up to three weeks at the time of placement of an adopted child.

2.10.1.3. Generally, casual employees are not entitled to parental leave, however, a casual employee may be eligible for unpaid parental leave where the casual employee:

• has been employed by Council on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least 12 months; and

• has, but for the pregnancy or the decision to adopt, a reasonable expectation of ongoing employment; with

• continuous service that includes any period of authorised leave or absence. 2.10.1.4. Eligible employees on temporary (maximum term) contracts are entitled to parental leave up to the date specified in the contract. 2.10.2. Paid parental leave in Council – maternity leave and partner leave 2.10.2.1. Council’s paid parental leave provision is available as: a) Paid maternity leave for eligible female employees as follows: • 4 weeks paid leave after 12 months continuous service by the employee; • 8 weeks paid leave after 2 years continuous service; • 10 weeks paid leave after 3 years continuous service; • 12 weeks paid leave after 4 years continuous service. The paid maternity leave portion is part of the 52 week parental leave entitlement. b) After 12 months continuous service, paid partner leave (formerly paid paternity leave) of up to one

unbroken week available at the time of the birth to their partner to support and care for the family.



The partner is able to take additional unpaid parental leave to be the child’s primary care giver, as part of the 52 week shared parental leave entitlement. 2.10.2.2. Paid parental leave will be paid at the classification level of the position the employee was occupying immediately prior to proceeding on parental leave. 2.10.2.3. Paid parental leave cannot be accumulated in any way, or provided as a cash payment. 2.10.2.4. Paid parental leave, for eligible employees, must be used prior to other forms of paid leave (e.g. annual leave or long service leave), and prior to unpaid parental leave. In accordance with the Certified Agreement, paid parental leave is to be taken immediately prior to and/or following the actual or expected date of birth unless otherwise approved due to an exceptional circumstance. 2.10.3. Unpaid parental leave 2.10.3.1. After 12 month's continuous service, employees are entitled to a combined total of 52 weeks paid and unpaid parental leave on a shared basis to care for their newborn child or newly adopted child under school age. 2.10.3.2. Unpaid parental leave may be extended beyond 52 weeks, subject to approval. Requests to extend leave must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work. 2.10.3.3. An employee seeking to adopt a child is entitled to take unpaid leave to attend any compulsory interviews or examinations as are necessary as part of the adoption procedure if paid leave is unavailable. 2.10.3.4 Employees who are partners of the birth or adoptive partner are entitled to two (2) weeks unpaid leave, which may be taken simultaneously with the birth or adoptive partner, during the 52-week parental leave entitlement, in order to receive the “Dad & Partner Pay” payment from the Australian Government. This is in addition to the one (1) week paid partner leave which forms part of Council’s entitlement under the Certified Agreement. 2.10.4. Other leave entitlements 2.10.4.1. During a period of unpaid parental leave, an employee may access any accrued annual leave or long service leave subject to the total amount of leave not exceeding 52 weeks. Employees may also apply to take the annual leave and long service leave at half pay, provided that the total period of leave does not exceed 52 weeks. Please note periods of paid leave must precede, and may not be broken by any period of unpaid leave. 2.10.4.2. Employees on parental leave are not entitled to paid leave such as special leave and bereavement leave. Clarification on eligible leave types is available from the People and Culture Branch. 2.10.4.3. A pregnant employee not yet on parental leave who suffers an illness related to the pregnancy, or is required to undergo a pregnancy related medical procedure, may access paid or unpaid sick leave for the period certified necessary by the medical practitioner. If the employee proceeds on parental leave then this period will count towards the employee’s entitlement to 52 weeks parental leave. 2.10.5. Special maternity leave An employee is entitled to unpaid special maternity leave of an amount recommended by a registered medical practitioner if the employee’s pregnancy terminates after 28 weeks. Where an employee is suffering from an illness not related to the direct consequences of the birth, an employee may take any paid personal leave to which she is entitled.



2.10.6. Procedures for applying for parental leave

2.10.6.1. Applying for parental leave

Employees must provide the following notice to request approval for parental leave, except the one week period of paid partner leave. • A minimum ten weeks' notice of the expected date of the commencement of parental leave (included in a

copy of a certificate from a registered medical practitioner stating that the employee or employee’s partneris pregnant).

• A minimum four weeks' notice of the date on which the employee proposes to commence parental leaveand the period of leave to be taken.

2.10.6.1. (a) A statutory declaration is also required that states: • the employee will take that period of parental leave to become the primary care-giver of a child;• particulars of any period of parental leave sought or taken by the employee’s partner;• that for the period of parental leave the employee will not engage in any conduct inconsistent with their

contract of employment.

2.10.6.1. (b) Subject to the above and unless agreed otherwise, an employee may commence parental leave at any time within six (6) weeks immediately prior to the expected date of birth.

Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, the employee may be required to provide a medical certificate stating that she is fit to work on her normal duties.

2.10.6.1. (c) Paid parental leave, for eligible employees, should be used prior to other forms of paid leave (e.g. annual leave or long service leave), and prior to unpaid parental leave.

2.10.6.2. Applying for parental leave for adoption

An employee must provide notice at least ten weeks in advance of the date of commencement of parental leave for adoption purposes and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.

2.10.6.2. (a) Before commencing parental leave for adoption, an employee must provide a statutory declaration stating: • the employee is seeking adoption leave to become the primary care-giver of the child;• particulars of any period of adoption leave sought or taken by the employee’s partner;• that for the period of adoption leave the employee will not engage in any conduct inconsistent with their

contract of employment.The employee may be required to provide confirmation from the appropriate government authority of the placement.

2.10.6.2. (b) Where the placement of the child for adoption does not continue, the employee must notify Council immediately and Council will nominate a time not exceeding four weeks from receipt of notification for the employee’s return to work. An employee will not be in breach of policy as a consequence of failure to give the stipulated periods of notice due to a requirement of the adoption agency to accept earlier or later placement of the child due to compelling circumstances.

2.10.6.3. Variation to parental leave applications



Subject to approval, an employee may change the period of parental leave on one occasion. Any such change is to be notified as soon as possible but no less than four weeks prior to the commencement of the changed arrangements.

An employee may request approval to: • extend the period of simultaneous unpaid parental leave, or• extend the period of unpaid parental leave.

Requests to vary parental leave must be in writing. Approval will be subject to consideration of the employee’s circumstances and the effect on the workplace or the Council’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

2.10.7. Transfer to a safe job

Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if deemed practical by the approving officer, be transferred to a safe job at the same rate and conditions attached to that job until the commencement of parental leave.

If the transfer to a safe job is not practicable, the employee may elect, or the approving officer may require the employee, to commence parental leave for such period as is certified necessary by a registered medical practitioner. The entitlement to 52 weeks parental leave will be reduced accordingly.

2.10.8. Returning to work after parental leave

2.10.8.1. General conditions

2.10.8.1. (a) An employee must notify the relevant approving officer of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.

2.10.8.1. (b) An employee will be entitled to the position that they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job, the employee will be entitled to return to the position they held immediately before such transfer.

Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.

2.10.8.1. (c) An eligible casual employee will be entitled to the position which they held immediately before proceeding on unpaid parental leave. Where such a position is no longer available, but there are other positions available that the employee is qualified for and is capable of performing, the Council shall make all reasonable attempts to return the employee to a position comparable in status and pay to that of the employee’s former position.

2.10.8.2. Returning to work part time

An employee may request approval to return from a period of parental leave on a part time basis until the child reaches school age.



Where an employee wishes to request to return to work on a part time basis, the request must be made in writing to the relevant approving officer no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave. Approval will be subject to consideration of the employee’s circumstances and the effect on Council’s business needs and workplace. Considerations to Council might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service. 2.10.9. Replacement employees for parental leave periods A replacement employee is an employee specifically engaged or temporarily promoted or seconded, as a result of an employee proceeding on parental leave. Before engaging a replacement employee, that person must be informed of the temporary nature of the employment and of the rights of the employee being replaced. 2.10.10. Communication with an employee on parental leave Where an employee is on parental leave, the relevant approving officer must take reasonable steps to: • make information available in relation to any significant effect the change will have on the status or

responsibility level of the position the employee held before commencing parental leave; • provide an opportunity for the employee to discuss any significant effect the change will have on the status

or responsibility level of the position the employee held before commencing parental leave. The employee must take reasonable steps to inform the approving officer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis. The employee shall also notify the approving officer of changes of address or other contact details, which might affect the Council’s capacity to comply with the above. 2.11. PERSONAL LEAVE Employees are entitled to paid personal leave that may be used for sick leave, family leave or leave for pupil free days. When taking sick leave or family leave, employees should inform their approving officer as early as possible, and in any case, within one (1) hour of their usual start time on the first day of leave. Employees should ensure that notification of their absence is received by speaking directly to their supervisor, or where the supervisor is unavailable, an employee in the local work area. Where such leave is to be extended, notice again should be given as early as possible and within one (1) hour of the usual start time. 2.11.1. Accumulation of personal leave 2.11.1.1. Employees may accumulate personal leave as follows: • one (1) day's leave for each month of employment in the first year to a total of 12 days • three (3) weeks personal leave per annum in the subsequent years of service 2.11.1.2. Credit shall be allowed for personal leave accumulated with previous employing councils in Queensland (other than Brisbane City Council) and provided that the employee's service has been continuous and that the employee at the time of engagement produces a certificate from the previous Council certifying the



amount of personal leave accumulated to the employee's credit. Refer to the Certified Agreement for conditions. 2.11.1.3. If employment is terminated and the Council reemploys the employee within six (6) months, the employee’s unclaimed balance of personal leave shall continue from the date of reemployment. 2.11.1.4. There is no maximum accumulation of personal leave. 2.11.1.5. Part-time employees’ entitlements will be calculated on a cumulative pro-rata basis determined by the number of ordinary hours that they work. 2.11.2. Sick Leave 2.11.2.1. Any accrued personal leave may be used as sick leave for employees who are absent due to personal injury or illness, subject to the following conditions. An employee shall not be entitled to payment for absence through illness or injury if: • workers' compensation is payable; • the injury was sustained by an employee outside the scope of the employee's employment caused by or

contributed to by the employee’s own negligence; • participation in sport or games in respect of which such employee receives any payment by way of fee or

bonus. 2.11.2.2. Any absence that exceeds two (2) consecutive days requires the provision of either a medical certificate from the registered medical practitioner or other evidence satisfactory to the approving officer. 2.11.2.3. Where an employee has exhausted all leave entitlements (including sick leave, annual leave and long service leave), additional sick leave will be considered on a case-by-case basis. Additional sick leave will only be granted where: • all existing leave credits are exhausted; • the employee is suffering an extended period of serious illness or injury. Applications for sick leave on this extended basis are to be forwarded to the Chief People and Culture Officer for approval. 2.11.2.4. Council may request an employee who has been absent on sick leave for an extended period to provide a medical certificate from a registered medical practitioner confirming they are fit to resume work. For sick leave entitlements during annual leave and long service leave, refer to sections 2.1 and 2.7 respectively.



2.11.3. Sick Leave Monitoring Supervisors are responsible for providing advice and guidance to employees; advising employees if their attendance indicates a substantiated pattern of absenteeism that is unsatisfactory; and assisting staff to obtain the proper professional support. A substantiated pattern of absenteeism may be: • a clear pattern of absence on the same weekday, whether on paid leave, unpaid leave or in part or full

days; • a clear pattern of absence in taking single day absences, paid or unpaid (e.g., adjacent to RDOs, public

holidays and/or weekends); • a clear pattern of absence in taking part day absences, paid or unpaid. Unsatisfactory employee behaviour in relation to the use of sick leave may result in disciplinary action. See the Sick Leave Monitoring Process in Council’s Certified Agreement. 2.11.4. Family Leave 2.11.4.1. Personal leave may be taken as paid family leave when employees are absent to care for a member of their immediate family or household (see definitions) who: • are sick and require care and support; or • require care due to an unexpected emergency. 2.11.4.2. Employees are entitled to use accrued personal leave as family leave, subject to the following conditions: • Wherever practicable, the employee must advise the approving officer prior to taking leave, the intention to

take leave, the name of the person requiring care, their relationship to the employee, the reasons for taking such leave and the estimated length of absence;

• The employee shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned, for any absence that exceeds two (2) consecutive days;

• If it is not practicable to give prior notice, the employee shall notify the approving officer at the first opportunity on the day of the absence and in any event within one hour of their nominated start time.

2.11.5. Pupil free days Employees are entitled to use two days personal leave each year as leave to care for their school age child or children when the child’s/children’s school has pupil free days. Leave for pupil free days is subject to availability of the employee’s personal leave credit and will not be considered as part of the sick leave monitoring process. Changing the employee’s RDO is to be considered as the preferred option before utilising personal leave. At least one (1) week’s notice is required to take leave for pupil free days. 2.12. ROSTERED DAYS OFF 2.12.1. Rostered Days Off (RDOs) are accrued days off taken without reduction in pay. In other words, extra time is worked according to a work schedule (e.g. a nine (9) day fortnight) that entitles the employee to the RDO in accordance with the schedule.



2.12.2. The day of the RDO may be changed to assist with personal obligations, subject to approval by the relevant approving officer. 2.12.3. A maximum of five RDOs may be accumulated (“banked”) subject to approval by the relevant approving officer. Consent to accrue RDOs shall not unreasonably be withheld by either the employee or approving officer. Requests to bank RDOs over the maximum five (5) days should be declined by approving officers. Wherever possible, employees will be allowed to accumulate five (5) RDOs to use as leave between the Christmas and New Year period, subject to operational convenience. 2.12.4. If an employee has an entitlement of banked RDOs on termination of employment, the accrued RDOs will be paid out at single time. 2.13. SPECIAL LEAVE Employees are entitled to non-cumulative, paid special leave of up to five (5) days per year. Special leave may be granted for the following purposes. 2.13.1. Natural disasters - where an employee is prevented from travelling from their usual place of residence to attend duty as a result of floods, severe storms, bushfires or the like. 2.13.2. Sporting and cultural activities - where an employee is selected to represent their State or Australia in any sport or cultural activity. 2.13.3. Aboriginal and Torres Strait Islander cultural leave - where an employee of Aboriginal or Torres Strait Islander descent is required by tradition or custom to attend an Aboriginal or Torres Strait Islander ceremony. 2.13.4. Exceptional circumstances - any other exceptional circumstance as approved by the CEO. 2.14. STUDY LEAVE Employees who have received the relevant director’s approval for study assistance are entitled to paid leave to attend lectures (of up to five (5) hours per week including travelling time where the lectures are not offered out of working hours) and exams. Refer to the Learning and Development Policy for details and conditions. 2.15. TIME OFF IN LIEU (TOIL) 2.15.1. Employees at Level 4 or above employed under the Local Government Officers’ Award may seek approval for time-off equivalent to the time worked outside the spread of ordinary hours of any day or in excess of the ordinary weekly hours. Time-off-in-lieu shall accumulate on an equivalent basis to the actual time worked. 2.15.2. Unless otherwise approved, time-off-in-lieu must be taken within three (3) months of the date of its accrual. Subject to approval by the relevant director, if accrued time-off-in-lieu is not taken within three (3) months the accrued time may be paid out at the appropriate overtime rate. TOIL is distinguishable from Make-up time as explained.



2.16. MAKE-UP TIME Make-up time is not a leave credit as such and is not subject to an application for leave. The Certified Agreement makes provision for Council to approve an employee working "make-up time" under which the employee takes time off during ordinary hours and works those hours at a later time, during the spread of ordinary hours provided by the award. Make-up time will not be subject to overtime payments. Make-up time will not exceed four (4) hours and must be approved in advance. Time taken off work by an employee in excess of four (4) hours will be subject to the usual leave application and approval processes. 2.17. UNION REPRESENTATIVE TRAINING Employees who are workplace delegates are entitled to up to five days non-cumulative paid leave per year for the purposes of attending Union workshops, courses seminars and conferences. Written confirmation of the training will be required from the relevant Union. 2.18. VOLUNTEER EMERGENCY SERVICE Employees are entitled to up to five days non-cumulative paid leave per year for the purposes of responding to emergency situations in a voluntary capacity. Employees must advise their director in writing that they are registered as a volunteer worker with a recognised emergency service organisation. Additional leave may be available, subject to approval based on a consideration of all of the relevant circumstances. The use of Council vehicles during the emergency leave is to be in accordance with the provisions of the Vehicle Allocation and Use Policy.

Leave Policy Appendix B: Summary Table of Leave Entitlements


This table provides a general overview of leave entitlements, terms and conditions.

Detailed information is available in the policy guidelines. The information provided below should be interpreted and applied according to an employee’s specific employment arrangement, such as part-time hours, shift or roster.

Leave Type Entitlement General terms and conditions

Annual leave • 4 weeks paid leave each year • 5 weeks paid leave each year

for certain shift workers • leave loading of 17.5%

• excludes statutory holidays • may be taken at half pay • recredit of annual leave due to illness or injury

(period not less than 5 days)

Bereavement leave • 3 days paid leave on each occasion for full-time employees

• in the event of the death of an immediate family member or household member

• ability to request up to 16 hours unpaid bereavement leave

Blood bank donations

• up to 2 hours time off without loss of pay

Court attendance and jury service

• in official capacity as a Council employee or jury service – paid time off

• in an unofficial capacity (e.g. witness), requirement to use annual leave, RDO, time off in lieu, or leave without pay

Leave without pay • up to 12 months unpaid leave • leave without pay over 4 weeks requires

director approval

Long service leave • 13 weeks on full pay upon completion of 10 years’ continuous service

• pro-rata long service after 7 years’ continuous service

• minimum 1 week request • may be taken at half pay – minimum one

calendar week • recredit of long service leave due to illness or

injury (period not less than 5 days)

Mid-career break • unpaid break for employees with at least 7 years unbroken service

• for purposes of family, study, travel, etc. • annual leave and long service leave credits

must be exhausted prior to mid-career break leave

Leave Policy Appendix B: Summary Table of Leave Entitlements


Leave Type Entitlement General terms and conditions

Parental leave Paid maternity leave as follows: • 4 weeks after 12 months

continuous service • 8 weeks after 2 years • 10 weeks after 3 years • 12 weeks after 4 years One week paid partner leave after 12 months service

• 52 weeks unpaid parental leave (or combination of unpaid, paid maternity/partner leave and accrued paid leave) to care for newborn or adopted child (under school age) after 12 months continuous service • Additional 2 weeks unpaid partner leave to

be taken simultaneously with the birth or adoptive partner to comply with Australian Government Parental Leave Scheme

Personal leave

In first year: • 1 day for each month to 12

days total

Subsequent years: • 3 weeks

Sick leave • medical certificate required for absences

exceeding 2 days

Family leave • for care of immediate family or household

member who is sick and requires care and support, or requires care due to an unexpected emergency; medical certificate for absences exceeding 2 days

Pupil free days • 2 days each year to care for a school age

child or ability to change RDO

Special leave • up to 5 days non-cumulative paid leave per year

• for purposes of natural disaster, sporting and cultural activities, Aboriginal and Torres Strait Islander cultural leave or exceptional circumstances

Time off in lieu • applicable to Local

Government Officers’ Award employees, level 4 and above

Union representative training

• up to 5 days non-cumulative paid leave per year

• for purposes of attending union-provided training

Volunteer Emergency Service

• up to 5 days non-cumulative paid leave per year

• for purposes of responding to emergency situations as volunteer

Leave Policy Appendix C: Leave Approvals Matrix


LEAVE APPROVALS MATRIX

Leave Type

Summary Overview Approving Officer

Form Type Direct Supervisor Manager Director CEO Annual Online HR21 Leave loading 17.5% for non-executives ☒ Bereavement Online HR21 3 days paid – additional 2 days unpaid available upon request ☒ Blood Bank Donations Leave Application Form Up to 2 hrs time off without loss of pay ☒ Court Attendance Online HR21 Can use Annual Leave, TOIL, RDO or leave without pay ☒ Jury Service Leave Application Form Payments for court attendance to be reimbursed to Council ☒

Leave Without Pay Leave Application Form Up to 12 months unpaid leave. All other paid leave entitlements must be exhausted.

☒ Less than 4weeks

☒ More than 4 weeks

Long Service Leave Online HR21 13wks for 10yrs service. Pro rata entitlement at 7yrs ☒

Mid Career Break Leave Application Form Min. 7 yrs unbroken service. Not to be used to pursue other employment (family, study, travel only). All other paid leave entitlements must be exhausted. ☒

Military Leave Leave Application Form Up to 4 wks paid leave per annum Military service = up to 80 consecutive weeks unpaid Military leave periods are treated as unbroken service

☒

Parental Leave Leave Application Form Refer to Parental Leave Kit #26364809 ☒ Personal Leave Online HR21 For use as sick, family, Pupil free days (max 2)

Yr 1 = 12 days subsequent yrs 3 weeks ☒

Rostered Days Off (to use) Online HR21 Ability to bank up to 5 RDO’s To bank an RDO submit a Banked RDO Form #26349165 Paid out at ordinary time if not used

☒

Special Leave (Natural disasters, sporting & cultural activities, Aboriginal Torres Strait cultural leave)

Leave Application Form Up to 5 (paid) days non-cumulative per annum ☒

Special Leave (Exceptional Circumstances) Leave Application Form Requires accompanying memo to CEO justifying reasons for special leave ☒

Standby Leave (To use) Online HR21

Accrued via timesheet submission in accordance with On Call provisions of CA Payout limited to one application per employee per annum at Council’s discretion approved by CEO or delegate

☒

Study Leave Leave Application Form Director must have already approved study assistance Up to 5hrs/wk including travel time ☒

Time off in lieu (TOIL) (To use) Online HR21 To bank TOIL submit a TOIL Accrual Form #26348771 Director must approve payout of TIL if not used within 3 months (overtime rates)

☒

Union Representative Training Leave Application Form Up to 5 days paid non-cumulative per annum ☒ Volunteer Emergency Service Leave Application Form Up to 5 days paid non-cumulative per annum.

Requires notification in writing to Director ☒

http://gcccintranet/Directorates/OrganisationalServices/HumanResourceServices/Forms/HR%20Forms%20Library/Forms/Leave%20%20time%20recording.aspx











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