Application of leave provisions to part-time staff members
A part-time staff member shall be granted the amount of leave available under the relevant clauses of this Agreement according to the proportion of full-time of her/his appointment.
15. Public Holidays
15.1 The days on which public holidays will be observed will be any day gazetted as a public holiday or any other day proclaimed by the Governor of New South Wales as a public holiday to be observed throughout the whole of the State or a region of the State.
15.2 A staff member who agrees to work on a public holiday shall be entitled to an alternative day off at a time agreed between the staff member and her/his supervisor.
16. Annual Leave
Staff are encouraged to take annual leave to promote health and well-being. A staff member and her/his supervisor will discuss the staff member’s annual leave plans in the context of their annual workplan. A staff member may take leave as it accrues subject to her/his supervisor’s approval of the start and completion dates of that leave. A supervisor must normally approve annual leave prior to the staff member taking leave.
Eligibility and entitlement
16.1 All staff covered by this Agreement are entitled to paid annual leave. Full-time staff are entitled to 20 working days of annual leave per annum, accrued pro-rata on the basis of service. Service excludes periods of leave without pay.
16.2 A staff member may accumulate up to 40 days annual leave (pro-rata in the case of part-time staff). A staff member who has accumulated more than 40 days annual leave will be given notice by his/her supervisor to take annual leave within twelve months of the date of the notice. The supervisor’s notice may specify the commencement and termination dates of such leave which must be for a period of at least 10 days. The leave will reduce the staff member’s accumulated leave to less than 40 days on the staff member’s return to work. The staff member will be provided with the opportunity to propose alternative dates for the leave, provided that the total period of leave is no less than the period specified by the supervisor. The supervisor and staff member may agree to alternative dates for the leave, subject to operational requirements.
16.3 Where, in accordance with sub-clause 16.2, a supervisor directs or approves a staff member to take a period of annual leave, the staff member will be regarded as being on leave for the period specified or approved by the supervisor and the staff member’s leave credits will be reduced accordingly.
Leave arrangements on the termination of employment
16.4 Staff should endeavour to take their accrued annual leave prior to the termination of their employment with the University.
16.5 A supervisor may direct a staff member to take any period of annual leave during the period of notice of termination of employment for any reason.
17. Christmas – New Year leave
17.1 The University provides three days Christmas – New Year leave on full pay without deduction from any leave account to all continuing and fixed-term staff. Christmas – New Year leave combined with the designated public holidays (Christmas Day, Boxing Day, New Year’s Day) results in the University’s closure over this period. One day is in lieu of Bank Holiday (August) while the other two days are provided by the University.
17.2 Where a staff member is required by their supervisor to work on any of the three days provided for in sub-clause 17.1, the supervisor and staff member will agree to an alternative day/s leave on full pay.
18. Sick leave
Eligibility and entitlement
18.1 All staff covered by this Agreement are entitled to paid sick leave. For full-time staff sick leave accrues at the rate of 15 working days per calendar year of service. For staff starting work during the year and staff appointed for a fixed-term period of twelve months or less, the entitlement accrues for each full month remaining in that year. This entitlement accumulates with each calendar year of service and is reduced by any sick leave taken.
18.2 If unable to attend work through illness, a staff member shall notify their nominated supervisor within 24 hours of normal commencement of duty, stating the incapacity and likely length of absence. A medical certificate is required when a staff member takes four or more days of sick leave.
18.3 Staff may access their sick leave in the form of personal leave to provide care for sick relatives or household members or for bereavement due to the death of a relative or household member, in accordance with the provisions for Personal Leave (refer to sub-clause 19.5).
Sickness during annual and long service leave
18.4 A staff member who becomes ill for a period of five consecutive working days during annual or long service leave may claim sick leave (to the extent of sick leave accrued) instead of the annual or long service leave for the period of the illness. A medical certificate must be submitted covering the period of the sick leave.
Sick leave without pay
18.5 At the discretion of the University, a staff member whose sick leave entitlement has been exhausted may be granted sick leave without pay (SLWOP). A period of sick leave without pay must be covered by an appropriate medical certificate.
Special sick leave
18.6 Up to 20 days paid special sick leave may be granted by the Vice-Chancellor (or nominee) to a staff member who is terminally or critically ill and on an extended period of sick leave. Special sick leave may only be granted when normal sick leave and other leave entitlements have been exhausted.
19. Personal leave
19.1 For the purposes of this Clause, 'relative' is defined as follows:
(a) spouse, former spouse, a de facto spouse, or former de facto spouse (de facto spouse includes partners of the same sex) or
(b) child or adult child (including adopted child, step-child, ward or ex-nuptial child), parent (including step-parent), grandparent, grandchild or sibling (including step- or half-sibling) of the staff member or staff member's spouse as defined in (a) above.
There may be definitions of ‘relative’ which are not included here but due to wider kinship and family networks of many cultures would be considered appropriate under this Clause.
19.2 Personal leave may be granted to assist staff to achieve a work life balance. Personal leave acknowledges that staff of the University are also members of families and communities and have commitments not related to work. In addition to the personal leave available in accordance with this Clause, staff may use available annual leave or long service leave, or leave without pay for personal reasons. The University expects supervisors to be sensitive and flexible in making arrangements for staff members to attend to personal matters.
19.3 A staff member may be granted up to seven days personal leave with pay per calendar year under circumstances including the following:
(a) to provide care or support to relatives or members of their household who are ill
(b) bereavement due to the death of a relative or household member
(c) to deal with an emergency situation arising due to fire, flood, burglary or other unforeseen event beyond the control of the staff member
(d) where the carer of a staff member’s child is unable to look after the child
(e) attendance at the staff member’s own graduation, citizenship and justice of the peace ceremony (normally expected to be up to half a day for each ceremony)
(f) moving house (normally expected to be up to one day per twelve months)
(g) appointments and commitments associated with pre and post natal responsibilities
(h) to adhere to and celebrate cultural or religious days of observance.
19.4 Personal leave is not cumulative.
19.5 In addition to an entitlement to personal leave, a staff member is entitled to access his/her sick leave accrued from 24 October 1995 for leave to provide care or support to relatives or members of their household who are ill (ie sub-clause 19.3(a) above) or for bereavement due to the death of a relative or household member (ie sub-clause 19.3(b) above).
19.6 Staff who have exhausted their personal leave and sick leave entitlements may apply for any available annual leave and/or long service leave or leave without pay to cover the necessary period of absence. In exceptional circumstances such as multiple deaths within a family and/or household in a twelve month period, additional paid personal leave may be granted by the Vice-Chancellor.
20. Long service leave
Long Service Leave is an entitlement that recognises length of service to the University. Once staff become eligible to take long service leave, they are encouraged to take periods of long service leave during their employment. Staff and supervisors will discuss staff members’ long service leave plans in the context of annual workplans.
Eligibility and entitlement
20.1 A full-time staff member is entitled to long service leave at the rate of 44 working days long service leave on full pay on the completion of ten years service. After the initial ten years service, long service leave accrues at the rate of eleven working days for each completed year of service and pro-rata for less than a completed year of service.
20.2 Subject to the operational requirements of the University, a staff member may take long service leave at a time of his/her choosing if the staff member provides a minimum of six months written notice. If the staff member provides less than six month’s notice, the leave may be granted at the discretion of the supervisor. Long service leave may be taken on half pay.
Effect of leave without pay
20.3 Periods of leave without pay (except sick leave without pay, which, when aggregated, does not exceed six months) are not counted as service for the purpose of determining eligibility for long service leave (ie calculating ten years service).
Pro-rata long service leave
20.4 Staff who have completed between five and ten years of service are entitled to payment for long service leave on a pro-rata basis in the following circumstances:
(a) upon termination of employment for any reason other than unsatisfactory performance or misconduct (eg medical retirement or redundancy)
(b) upon resignation on account of illness, incapacity or domestic or other pressing necessity; or
(c) upon retirement at or after age 60 or at such retirement age in accordance with the provisions of the relevant superannuation scheme; or
(d) upon the expiry of one or more continuous fixed-term appointments.
20.5 In the case of the death of a staff member any long service leave entitlement, including pro-rata entitlements, will be paid to the staff member’s estate.
Recognition of prior service with another institution
20.6 Service for full-time or part-time staff commencing on or after 26 January 1988 (date of establishment of UTS) means full-time or part-time service (whether continuous or broken) as a staff member at UTS and/or continuous full-time or part-time service with other Australian higher education institutions (includes Universities and CAEs, does not include TAFE).
20.7 For the purposes of sub-clause 20.6 above continuous service is deemed to be where the period between ceasing with one employer and commencing with the next is not greater than two months. This intervening period is not counted as service.
20.8 Notwithstanding sub-clause 20.6 above, if a staff member has taken long service leave or is eligible to be paid or has been paid in lieu of long service leave by the releasing institution or any other institution, the staff member will not accrue any entitlement to leave for the period of service with the releasing institution for which leave has been taken, paid or for which there is eligibility for payment, but subject to this sub-clause such a period shall be included as qualifying service for determining when the staff member is next eligible to take long service leave.
21. Leave without pay
21.1 All staff covered by this Agreement may apply for leave without pay. Leave without pay may be granted at the discretion of the University.
21.2 Leave without pay does not break continuity of service: a staff member remains a staff member of the University during leave without pay and the provisions of many policies continue to apply during leave without pay. For example, staff are bound by the University’s Code of Conduct, and may apply for positions/promotion rounds advertised within the University.
21.3 Periods of leave without pay will not count as service for the purpose of determining entitlements (subject to sub-clause 20.3 which outlines the effects of leave without pay on long service leave).
22. Parental leave
For the purposes of this Clause, ‘partner‘ includes same sex partners.
22.1 Parental leave enables parents employed at UTS to care for their child (biological, adopted or foster). Parental leave incorporates maternity, adoption, partner's and foster parent’s leave.
Eligibility for parental leave
22.2 All staff covered by this Agreement employed on a continuing or fixed-term basis may be eligible for parental leave.
22.3 A fixed-term staff member will only be granted paid and/or unpaid parental leave if the period of leave falls within the time span of their fixed-term appointment. If the fixed-term staff member is subsequently offered another appointment, he or she may extend into the period of the new appointment the date for return from leave.
22.4 Staff are entitled to up to 104 weeks unpaid parental leave from the date of birth or taking custody of the child after completion of 40 weeks continuous service. The 40-week service requirement applies to all forms of parental leave.
Paid parental leave - maternity and adoption
22.5 To be eligible for paid parental leave, a female staff member (in the case of maternity leave) or the primary carer (in the case of adoption leave) must have completed 40 weeks continuous service prior to the expected date of birth or adoption of the child. Unless there is a break in service this qualifying period need only be served once.
22.6 The paid parental leave entitlement comprises:
(a) up to 20 weeks leave on full pay which may be taken as 40 weeks on half pay or a mix of full and half pay to commence no later than the date of birth or adoption of the child
(b) up to 30 days paid leave for phased return to work. All or part of the equivalent value of this leave (calculated at the salary rate applicable at the date of return from parental leave) may be used for professional and career development projects.
22.7 If both parents are UTS staff they may share the paid parental leave provided that both staff have completed the 40-week qualifying period prior to the expected date of birth or adoption of the child. However, the partner’s entitlement to parental leave will be reduced by any paid partner’s leave taken at the time of the birth or adoption of the child.
Unpaid parental leave
22.8 A primary carer is entitled to a grant of up to 104 weeks unpaid parental leave from the date of birth or date of placement of her/his child.
Cessation of pregnancy
22.9 In the event of a still birth or miscarriage after the commencement of parental leave, the staff member may access their personal, sick, annual, long service leave and/or leave without pay for such period as a registered medical practitioner certifies as necessary. A staff member’s illness not related to the direct consequences of the birth will be dealt with in accordance with Clause 18 [Sick Leave].
22.10 A staff member is entitled to a period of up to 20 working days paid leave (paid partner’s leave), which may be taken at any time in the three-month period following the birth of a child of his/her partner or on placement of a child (in the case of adoption leave).
Foster parents’ leave
22.11 A staff member who assumes the role of primary carer for a foster child shall be granted a maximum of the following in the twelve month period from the time the foster child enters the staff member’s care:
(a) six weeks at half pay or three weeks at full pay if the child is under five; or
(b) three weeks at half pay or eight days at full pay if the child is five years of age or older.
Right of return to former position
22.12 A staff member has a right to return to their former position after parental leave. ‘Former position’ is defined as the position held by the staff member immediately prior to the commencement of leave; except where by reason only of the pregnancy a staff member has been transferred to a more suitable or safe position before commencing maternity leave, the position held by her immediately before she transferred to the temporarily suitable or safe position.
23. Community leave
Special community leave may be granted to staff to enable them to perform a service to the community. This leave applies only to activities which are not regarded as duty and which are not covered by other forms of available leave. The length of the period of leave granted will vary depending upon the circumstances. However, the leave is to be limited to the minimum time necessary in each circumstance. Community leave may be taken for matters such as:
- jury service
- attendance as a witness for the Crown
- attendance as a witness for proceedings in the AIRC
- volunteer emergency services as a member of a voluntary service organisation
- blood donation
- military service
- participation in National Aboriginal and Islander Day of Observance Committee (NAIDOC) Day by indigenous Australian staff
- selection as a representative for participation in National and/or International sporting competitions.
24. Absence from duty
24.1 Staff must advise their supervisors of all absences from duty. Normally, prior notice of absence must be provided, however, where such notice cannot be provided staff shall notify their supervisors within 24 hours of normal commencement of duty stating the reason for the absence and likely length of absence.
24.2 Staff are required to promptly submit a leave application in respect of any absence. Where a leave application is not provided by a staff member, the supervisor may arrange for the appropriate leave record to be adjusted and for the staff member to be notified of that adjustment.
24.3 Failure by a staff member to advise their supervisor of an absence in excess of ten sequential working days must be brought to the attention of the Director, Human Resources by the supervisor. The Director, Human Resources may deem the absence to be abandonment of employment and the staff member’s employment may be terminated.
24.4 Where a staff member’s employment is terminated in accordance with sub-clause 24.3 above and the staff member can provide reasonable justification for an absence, the Director, Human Resources will reinstate the staff member’s employment.