Chapter 6: Attendance, leave and absences

• Government Sector Employment Act 2013  (‘GSE Act’)
• Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009  (the ‘Conditions Award’)
• Government Sector Employment Regulation 2014  (‘GSE Reg”)

6.2.1.1 Determination of hours of attendance

See clause 3 Definitions and subclause 11.1 Working Hours of the Conditions Award

6.2.1.2 Observance and recording of hours

See subclause 11.2 of the Conditions Award – Working Hours

6.2.1.3 Requirement to work overtime

See subclause 11.3 Working Hours and subclause 88 Overtime General of the Conditions Award.

6.2.2.1 Absence from work

See Clause 68 of the Conditions Award – Absence from Work.

6.2.2.2 Notification requirements

See clause 18 of the Conditions Award – Notification of Absence from Duty.

6.2.3.1 General

See clause 11 of the Conditions Award – Working Hours.

The ordinary daily full-time hours are 7 or 8 depending on the classification of the employee.

The ordinary daily hours may be standard or flexible and may be worked full time or part time.

The Agency Head must ensure that all employees are informed of the hours of duty required to be worked and of their rights and responsibilities in respect of such hours of duty.

6.2.3.2 Morning and afternoon tea breaks

See clause 14 of the Conditions Award – Morning and Afternoon Tea Breaks.

6.2.3.3 Meal breaks

See clause 15 of the Conditions Award – Meal Breaks

6.2.3.4 Lactation Breaks

See clause 15A of the Conditions Award – Lactation Breaks

6.2.3.5 Variation of hours generally

See clause 16 of the Conditions Award – Variation of Hours.

6.2.3.6 Natural emergencies and major transport disruptions

See clause 17 of the Conditions Award - Natural Emergencies and Major Transport Disruptions

6.2.3.7 Assistance with transport

See clause 99 of the Conditions Award – Provision of Transport in Conjunction with Working Overtime.

See clause 19 of the Conditions Award – Public Holidays

See clause 3 of the Conditions Award – Definitions and clause 20 of the Conditions Award – Standard Working Hours.

6.2.6.1 General

See clause 21 of the Conditions Award – Flexible Working Hours and clause 24 of the Conditions Award – Flexible Work Practices.

6.2.6.2 Exclusion

If it is inconvenient for an agency’s services for employees to work flexible hours, the agency head may require the working of standard hours.

6.2.6.3 Flexible work practices

The provisions of clause 21, Flexible Working Hours of the Conditions Award do not affect the hours of duty of an employee who is covered by a written flexible working hours agreement negotiated under Flexible Work Practices, Policy and Guidelines - M1995-40. See clause 24 of the Conditions Award – Flexible Work Practices.

6.2.6.4 Local arrangements

Local Agreements negotiated between the agency head and the union, and approved by the Wages Policy Taskforce, may be made in accordance with clause 10 of the Conditions Award. 

See clause 22 of the Conditions Award – Rostered Days Off for 38 Hour Week Workers.

Any determinations on local arrangements in respect of the hours of duty which operated in an agency or part of an agency at 28 October 1997 continue to apply until renegotiated.

Section 6 – Leave (clauses 67 to 84A) of the Conditions Award refers.

6.3.1.1 Part time employees

Part time employment is the working of fewer than the fulltime weekly hours for the role.

Unless otherwise specified part time employees receive conditions of employment on a pro rata basis, calculated according to the number of hours worked per week. See also subclause 67.2 of the Conditions Award Leave – General Provisions.

Unless another industrial instrument applies, part time employment is to be undertaken in accordance with clause 13 of the Conditions Award.

6.3.1.2 Apprentices

Apprentices are entitled to the same leave provisions as the trade staff in the organisation and the occupation group in which the apprentice is employed.

6.3.1.3 Temporary employees

See subclause 67.3 of the Conditions Award– Leave – General Provisions

6.3.1.4 Ministerial employees

Ministerial employees are not employed under the GSE Act but by Ministerial authority. Their leave conditions are determined by the Premier and prescribed in the Uniform Leave Conditions for Ministerial Employees in Government Departments and Equivalent Employees in Corporate Bodies – also known as the Uniform (Ministerial) Leave Conditions – issued by the Department of Premier and Cabinet on 23 December 1993.

The most recent update to these conditions of employment was the inclusion of Carer’s Leave from 1 January 1998 as advised in C1998-11 Carer’s Leave for Employees Covered by the Uniform (Ministerial) Leave Conditions.

6.3.1.5 Leave on reduced pay

When leave is granted with reduced pay (for example, half pay), the period of reduced pay starts from the next working day after the higher paid leave period ends. If pay at the higher rate ceases on a half day or a quarter day, pay at the reduced rate takes effect immediately for the balance of the day.

6.3.1.6 Combining paid and unpaid leave

Where paid and unpaid leave is available, paid leave is to be taken before unpaid leave (see subclause 67.4 of the Conditions Award – Leave – General Provisions).

6.3.1.7 Minimum period of Leave

See subclause 68.4 of the Conditions Award – Absence from Work.

6.3.2.1 General

See clause 69 of the Conditions Award – Applying for Leave.

6.3.2.2 Retention of applications

All leave applications may be destroyed after 6 years, except for the following applications which are to be placed on the employee’s personnel file:

• extended leave
• study leave, and
• leave without pay in excess of 6 months.

6.3.3.1 Payment for leave accrued

Employees may elect to be paid in advance for recreation leave or extended leave.

Payment in advance is only for leave accrued up to the day immediately before starting leave.

An employee may elect to include in the leave period any leave that will accrue while they are on leave. Payment for the leave that accrues while the employee is on leave cannot be made until the first pay day after the employee returns to work.

Premier’s Memorandum Christmas Closedown M2016-01 and also subclause 21.19 of the Conditions Award – Flexible Working Hours.

6.4.2.1 General

It is a practice of the Premier to grant a half-day’s concessional leave for Christmas on the condition that adequate service to the public is maintained and on any other conditions specified by the Memorandum on each occasion.

6.4.2.2 Eligibility

To be eligible to receive the concession, an employee must be on duty in the morning of Christmas Eve and must work half the standard full time daily hours for the appropriate category of employment.

6.4.2.3 Concession to apply to Christmas or New Year’s Eve

Employees who are directed to remain on duty for the full day on Christmas Eve are entitled to a half-day’s leave on New Year’s Eve, provided they satisfy the eligibility criteria in “6-4.2.2 Eligibility” above.

6.4.2.4 Periods of leave

An employee who is on leave on the concessional leave day is not entitled to claim a half-day’s credit as concessional leave or to take an alternative half-day as concessional leave, except as provided in “6-4.2.8 Deferment of concession” below.

6.4.2.5 Effect of standard hours

An employee who works standard hours may not at their own initiative work more than half a day and still claim the full concessional leave. However, if an agency requests employees to work more than half a day, but less than a standard day, any concessional leave not taken on that day may be taken as time in lieu within a month.

6.4.2.6 Effect of study leave

An employee whose approved study leave falls on the afternoon of Christmas Eve or New Year’s Eve is entitled to either the concessional leave or the study leave, whichever is the more favourable.

6.4.2.7 Forfeiture of concession

Employees are expected to take concessional leave as directed. Employees who choose to remain on duty on their designated concessional leave day are not entitled to alternative concessional leave.

6.4.2.8 Deferment of concession

If an employee is directed by the agency to work full days on both Christmas Eve and New Year’s Eve, concessional leave may be granted by the agency within one month of the Christmas-to-New Year period.

Similarly, if an employee is absent on approved leave on one of the above-mentioned days and is directed by the agency to work a full day on the other, then concessional leave may be granted also within one month of the Christmas-to-New Year period.

The granting of concessional leave in these circumstances is subject to the eligibility criteria set out in “6-4.2.2 Eligibility” above.

Example: Deferred Concessional Leave

An employee was on Recreation Leave on Christmas Eve and was then directed to attend for work for a full day on New Year Eve. The employee may then be granted a half-day of Concessional Leave in January.

See subclause 21.19 of the Conditions Award – Flexible Working Hours

All other provisions of clause 21 – Flexible Working Hours of the Conditions Award are to apply, including the requirement that no more than 10 hours credit or debit is carried forward to the next settlement period.

For agencies that have negotiated a Local Agreement in accordance with clause 10 of the Conditions Award, access to the additional half day’s flex leave is to be determined by the agency head. In making this determination the agency head should consider the flexibility of the local agreement to accommodate the extra flex leave.

Government Sector Employment Act 2013 sch 4 cl 9(1)

Government Sector Employment Regulation 2014  schs 1, 2

C 2005-50 – Commencement of the amendments to the Extended leave provisions in the Public Sector Employment and Management Act 2002 and repeal of the Transferred Officers Extended Leave Act 1961.

M2011-11 Changes to the Management of Excess Employees.

This Section outlines the provisions of:

• Schedule 1 of the GSE Reg – Public Service extended leave entitlements; and
• Schedule 2 of the GSE Reg – Government sector employees extended leave entitlements – recognition of prior service.

NOTE: from 1 January 2006 the Transferred Officers Extended Leave Act 1961 and its Regulation were repealed. Provisions relating to recognition of service for extended leave purposes were consolidated into Schedule 3A to the Public Sector Employment and Management Act 2002. The provisions remained largely unchanged, continuing to allow previous eligible service with a recognised governmental employer to be taken into account when assessing and determining an employee’s extended leave entitlement.

The changes to the recognition of service provisions that were formerly under Schedule 3A to the Public Sector Employment and Management Act 2002  and that now exist under the GSE Reg only apply to employees who commenced with a NSW public sector agency on or after 1 January 2006.

The recognition of service provisions of the Transferred Officers Extended Leave Act 1961 will continue to apply to employees who commenced in a NSW public sector agency prior to this date.

Information relating to the transfer of extended leave entitlements when moving between NSW agencies and other public sector agencies is contained in “6-5.6.2 Criteria for recognition of service” of this Section.

Note: Casual employees are entitled to long service leave in accordance with the provisions of the Long Service Leave Act 1955 (see clause 12.5.3 of the Conditions Award).

6.5.3.1 Government Sector Employment Act 2013 and Government Sector Employment Regulation 2014

All public service employees are entitled to leave in accordance with the provisions of schedule 1 of the GSE Reg.

Except as provided in the above Schedule, all broken periods of full time service under the GSE Act, Public Sector Employment and Management Act 2002 , Public Sector Management Act 1988 , or the Public Service Acts of 1902 and 1979, are to be taken into account for extended leave purposes regardless of the duration of the break or breaks in the employee’s service.

From 1 January 2005 employees with 7 years or more service became entitled to take (or be paid out on resignation) extended leave in the usual manner. The amount of leave available is that which would have applied if pro rata leave was granted. 

Example 1: Extended Leave

There is no requirement for an employee with 7 or more years of service to have been terminated or to have left employment because of illness, incapacity or domestic or other pressing necessity to claim an entitlement. No repayment will be required if an employee does not reach 10 years’ service.

Employees should check the level of payment and service requirement with their Human Resources Section.

Payment of proportionate extended leave may arise when an employee has completed service of at least 5 years but less than 10 years (or less than 7 years from 1 January 2005 for some employees) and the employment is terminated (see 4.3.2.2 of this Guide - Payment of proportionate extended leave).

6.5.3.2 Calculation

Prior to April 1991, extended leave entitlements were calculated and taken on a calendar day basis. From 1 April 1991, all extended leave entitlements, regardless of whether they accrued prior to or after 1 April 1991, are calculated and taken on a working day basis in accordance with Table 1 Extended Leave Accrual table.

Information regarding calculations on a calendar day basis applicable prior to 1 April 1991 is provided at Appendix 6A-7 of this Chapter.

6.5.3.3 Minimum period of leave to be granted

Extended leave, whether on full or half pay, is not to be granted for less than a quarter of a day.

6.5.3.4 Calculation for extended leave taken before 1 April 1991

1. Calculate the full entitlement in accordance with Table 1 - Extended leave accrual table (below).
2. Convert extended leave taken in calendar days to a 5-day basis using the formula:
   • Leave taken in working days = 5 × Leave taken in calendar days / 7
3. Balance due (working days) = Entitlement (working days) / Leave Taken (working days)

6.5.3.5 Calculation when no extended leave was taken before 1 April 1991

1. Calculate full entitlement in accordance with the Table 1 Extended leave accrual table (below).
2. Use the Accrual per day figure (0.0169 or 0.0422), not the Accrual per week figure.
3. The Accrual per day figure in the Table refers to working days. Therefore, calendar days must be converted to working days by using the following formula:
   • Working days = Calendar days x 5/7 x 0.0422 (or 0.0169 if less than 10 years service)

Example 2: Extended Leave

6.5.4.1 Public holidays during extended leave

From 1 January 2005, public holidays that fall while an employee is on a period of extended leave will be paid and not debited from an employee’s leave entitlement. This applies to employees covered by the Crown Employees (Public Sector – Salaries 2018) Award, or any replacement.

Other employees should check the level of payment with their Human Resources Section.

In respect of public holidays that fall during a period of double pay extended leave an employee will be not be debited in respect of the leave on a public holiday. The employee’s leave balance will however be reduced by an additional day to fund the non-superable taxable allowance.

See Clause 8 (2) of schedule 1 of the GSE Reg - Leave entitlement reduced by leave already taken or paid out.

6.5.4.2 Extended leave to count as service

Extended leave taken on full pay (single time rate) counts as service for all purposes.

Extended leave taken on double pay counts as service at the single time rate for all purposes.

Extended leave taken on half pay counts as service at the single time rate for all purposes, except for recreation leave which accrues at half the full pay rate (subclause 77.4.6 of the Conditions Award – Recreation Leave refers)

6.5.4.3 Above Level Allowance

Employees who have acted for one year in the same higher graded role and receive the full rate of allowance and who continue to act in that role up to the first day of extended leave or date of retirement or resignation are to be paid the above level allowance for extended leave taken during the period of relief or paid out or granted as leave prior to retirement or resignation.

Further information is at: Public Service Commission (payment of allowance) 

6.5.4.4 Shift workers

When a shift worker takes a period of extended leave the number of working days to be debited is to equal the number of days that the employee would otherwise be rostered to work during the period of leave, even though those days may sometimes be Saturdays or Sundays.

6.5.4.5 Illness while on extended leave

See subclause 80.8 of the Conditions Award- Sick Leave – Requirement for Evidence of Illness.

6.5.4.6 Increments due during extended leave

Any increments falling due during a period of extended leave must be paid to the employee if their services were satisfactory prior to the start of extended leave.

6.5.4.7 Combining recreation and extended leave

If the agency head approves of an employee combining recreation and extended leave, the extended leave follows after the recreation leave and continues unbroken for the nominated period.

Recreation leave may be granted immediately after extended leave only if extended leave credit has been exhausted and the employee has elected to take such recreation leave.

6.5.5.1 General

Part time employees are entitled to extended leave on the same basis as that applying to full time employees but pay for the leave is pro rata.

The eligibility period for extended leave accrues in the same way. As a general rule, when calculating the amount of leave to be debited, it will be necessary to calculate the amount of leave that a full-time employee would be debited during the period in question, and then to convert the leave to hours in order to calculate the entitlement.

6.5.5.2 Leave to be debited on a five day basis

From 1 April 1991, extended leave should be calculated and leave taken should be debited on a working day basis.

6.5.5.3 Examples of calculations

The following examples should be used as a guide to calculating extended leave entitlements for part time employees. 

Example 1: Extended Leave and part time service:

6.5.6.1 General

Schedule 2 of the GSE Reg identifies the requirements for recognition of prior government service for extended leave entitlements.

For an employee’s previous service to be recognised by a NSW Government agency for extended leave purposes, it must:

• Be with a body that is recognised under Schedule 2 of the GSE Reg; and
• Satisfy the definitions of ‘continuous’ and ‘immediately follows’ as set out under clauses 3 and 4 of schedule 2 of the GSE Reg.

Information relating to the recognition of prior NSW public sector service is at “6.5.2 Introduction” of this Section. 

6.5.6.2 Recognised bodies

The Public Service Commissioner may declare a body to be a Commonwealth or interstate agency for recognition of service purposes.

The list of declared bodies is publicly available on the Public Service Commission’s website (see www.psc.nsw.gov.au).

6.5.7.1 Payment of extended leave

6.5.7.1a Payment in Advance

Payment of accrued extended leave is to be made in advance for leave to be taken if requested by the employee but payment is subject to the pay in advance provisions as determined by the Treasurer from time to time.

6-5.7.1b Double pay extended leave

An employee with an entitlement to extended leave may elect to take leave at double pay. The additional payment will be made as a non-superable taxable allowance payable for the period of the absence from work. The employee’s leave balance will be debited for the actual period of the absence from work and an equivalent number of days as are necessary to pay the allowance.

Other leave entitlements, e.g. recreation leave, sick leave and extended leave, will accrue at the single time rate where an employee takes extended leave at double time.

Superannuation contributions will only be made on the basis of the actual absence from work, i.e. at the single time rate.

Where an employee elects to take extended leave at double pay, in most cases a minimum period of absence of 1 week should be taken, i.e. 1 week leave utilising 2 weeks of accrued leave.

6.5.7.2 Payment of allowances

Payment for extended leave is to be at base salary, unless the Conditions Award specifically provides that an allowance is paid as part of base salary for all purposes. In that case it will be deemed to be part of ordinary pay and recognised as such for all purposes.

6.5.7.3 Rate of payment for extended leave

See Schedule 1 of the Government Sector Employment Regulation 2014.

Full time employees who take a short period of part time leave without pay may elect to have this period converted to the full time equivalent and treated as full time service for the purposes of extended leave.

6.5.7.4 Previous full-time service of part time employee

Previous full-time service of an employee who now works part time is taken into account for accrual of extended leave but payment in these circumstances is made at the part time rate of pay for any extended leave accrued during part time employment.

6.5.7.5 Payment of accrued extended leave entitlement on ceasing employment

See “4-3.2 Extended leave entitlements”.

See clause 71 of the Conditions Award - Family and Community Service Leave.

Part time employees are entitled to family and community service leave on the same basis as full time employees on a pro rata basis.

Family and community service leave is not available to casual employees.

6.6.2.1 Paid leave

6.6.2.1a Employees working a 5-day week

See subclause 71.5 of the Conditions Award - Family and Community Service Leave

Employees working a 6-day week

The maximum amount of family and community service leave on full pay which may be granted is:

• 3 working days during the first year of service and 6 working days in any period of 2 years after the first year of service; or
• 1 working day for each year of service after 2 years of continuous service, less any period of short leave or family and community service leave already taken.

Employees working a 7-day week

The maximum amount of family and community service leave on full pay which may be granted is:

• 3½ working days during the first 12 months of service and 7 working days in any period of 2 years after the first year of service; or
• one working day for each year of service after 2 years of continuous service, less any period of short leave or family and community service leave already taken.

See clause 72 of the Conditions Award – Leave Without Pay.

Casual employees are not entitled to leave without pay.

6.7.1.1 Principal conditions

There is no limit to the amount of leave without pay that may be granted, if it is convenient to the agency for the employee to be absent for the time proposed.

Unauthorised absences from work during industrial action are not leave without pay and do not count as service for any purpose. (See also “6-21.7 Industrial action”.)

1. Proclaimed public holidays during periods of leave without pay

See subclause 72.3 of the Conditions Award.

1. Excess employees

Employees who have been or are to be declared excess may be granted full or part time leave without pay to allow both the employee and the agency time to consider other options available under Memorandum 2011-11 – Managing Excess Employees.

6.7.2.1 New application

A new application for leave without pay must be submitted if an employee wishes to vary an existing part time or full time leave without pay arrangement. Any extension to the agreed period will be granted only if the absence continues to be convenient to the agency.

6.7.2.2 Premature return

An agency head may approve of employees returning from leave without pay before the agreed period of leave ends. Sufficient notice of intended early return to duty should be provided to the agency so that it can make suitable arrangements for the employee’s return such as giving adequate notice to temporary replacement employees.

6.7.2.3 Temporary replacement employees

A temporary employee employed to replace an employee on leave without pay is to be advised in writing on commencement of employment that, on return from leave of the employee that they are replacing, their employment will be terminated.

They are also to be informed that their period of employment will be terminated if an approval is given under “6.7.2.2 Premature return”.

Any further employment in the agency offered to a temporary replacement employee is to be a separate arrangement.

Replacement employees are to be given reasonable notice of early termination of their employment.

See subclause 72.5 of the Conditions Award.

In order to obtain Agency approval in accordance with subclause 72.5 of the Conditions Award, an employee should submit an application to undertake other employment prior to commencing any kind of employment.

Employees are not required to divulge any personal circumstances associated with the application to engage in employment while on leave without pay.

6.7.3.1 Working with the NSW and other governments or international organisations

Agency heads may grant leave without pay and approval to take temporary employment with a NSW agency or public authority, an agency of another government or an agency of an international body such as the United Nations.

Such approval would be on the same basis and subject to the same conditions as apply to leave without pay for other purposes. Leave without pay granted for this purpose may be regarded as service for the purposes of extended leave if considered appropriate by the agency head, irrespective of the duration of the leave or the length of service completed prior to proceeding on such leave. The Treasurer’s Directions are to be followed in these circumstances.

6.7.4.1 Recognition of service

As leave without pay is a form of leave there is no break in the continuity of employment with the agency. However, periods of full time leave without pay do not count as service with an agency for leave and salary benefits, except in the circumstances outlined below. Part time leave without pay also affects these entitlements and the impact on service and accrual of leave is outlined in “6.7.5 Part time leave without pay”.

6.7.4.1a Short-term absences

See subclause 72.4 of the Conditions Award.

Leave without pay taken because of major interruptions to public transport accrues entitlements to recreation, extended and sick leave and also incremental progression, when all accrued recreation, flex and extended leave have been exhausted.

6.7.4.1b Employees with less than 10 years’ service

No period of leave without pay counts as service for an employee with less than 10 years’ service except as outlined in Short-term Absences, above.

6.7.4.1c Employees with more than 10 years’ service

Once an employee has completed 10 years of actual service, any period of leave without pay that is less than 6 months counts as service.

6.7.4.1d Major sporting events

All periods of leave without pay that have allowed employees to participate as amateur competitors for Australia or New South Wales in major sports are to count as service for incremental progression only.

6.7.4.1e Other government and international organisations

See “67.3.1 Working with the NSW and other governments or international organisations”.

6.7.4.2 Other forms of leave without pay

There are other forms of leave that can be granted without pay. They include:

• Parental leave; see “6.8.6 Pay while on parental leave”
• Military leave; see “6.9.2 General”
• Sick leave; see “6.16 Sick Leave”
• Study leave. see “6.19.3 Study time leave”.

6.7.4.3 Effects on superannuation

The effect of full time leave without pay on contributions payable to the various superannuation schemes accessible to employees, and on the final benefit payable under the schemes, will depend on the circumstances of the individual and the arrangements that apply to the particular fund. These details should be checked with the superannuation fund(s) to which the employee contributes.

6.7.4.4 Payment of employer’s superannuation contributions

Employees who are still contributing to closed Defined Benefits superannuation schemes (State Superannuation Scheme or State Authorities Superannuation Scheme) need to be advised by their agency that they are required to meet their own and the employer’s superannuation contributions when they proceed on a continuous period of leave without pay in excess of 6 months.

Arrangements should be made for employees who have applied for leave without pay in excess of 6 months to discuss the payment of the superannuation contributions with the appropriate Section of their agency. Agencies must ensure that the appropriate and agreed arrangements for payment by the employee of the employer’s superannuation contributions during the leave without pay are properly documented and, where appropriate, are implemented before the employee proceeds on leave without pay.

6.7.5.1 Application

Part time leave without pay was introduced on and from 24 September 1984 as a means by which employees, with the approval of their agency head, can reduce their normal working hours for a short period of time. Part time leave without pay is not a substitute for permanent part time work.

6.7.5.1a Employees with less than 10 years’ service

Employees with less than 10 years of service who are granted part time leave without pay have only the hours they work each week counted as service for the accrual of extended leave.

6.7.5.1b Employees with 10 years’ service or more

Employees with 10 years of service or more who are granted part time leave without pay for more than six months have only the hours they work each week counted as service for the accrual of extended leave.

Employees with 10 years of service or more who are granted part time leave without pay for up to six months have their leave counted in full as service for the accrual of extended leave, even though they are only working part of the time.

When the part time leave without pay is for more than six months only the hours they work each week are counted as service for the accrual of extended leave.

6.7.5.2 Other forms of part time leave without pay

See “6-8.5.2 Other forms of leave without pay”

6.7.5.3 Effects on superannuation

Similar caution and a similar need to seek expert advice apply to part time leave without pay as apply to full time leave without pay. See “6.7.4.3 Effects on superannuation”.

• Industrial Relations Act 1996
• Work Health and Safety Act 2011
• Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 clause 75 - Parental Leave
• Fair Work Act 2009 (Cth)
• Determination 2018-01 - Leave for Employees engaged in Altruistic Surrogacy and Permanent Out of Home Care Arrangements

6.8.2.1 General

Any change in an employee’s duties or working arrangements made because of her pregnancy and which are not requested or agreed to could be:

• a breach of the Work Health and Safety Act 2011; or
• unlawful discrimination resulting in disciplinary or legal proceedings.

6.8.2.2 Occupational health and safety considerations

If, for any reason, a pregnant staff member is having difficulty in performing her normal duties or there is a risk to her health or to that of her unborn child the agency head, should, in consultation with the staff member, take all reasonable measures to arrange for safer alternative duties. This may include, but is not limited to, greater flexibility in when and where duties are carried out, a temporary change in duties, retraining, multi-skilling, teleworking and job redesign.

If such adjustments cannot reasonably be made, the agency head must grant the staff member maternity leave, or any available sick leave, for as long as it is necessary to avoid exposure to that risk as certified by a medical practitioner, or until the child is born whichever is the earlier.

6.8.3.1 Definition of parental leave

Parental leave includes maternity leave, adoption leave and ‘other parent’ leave.

This entitlement is outlined at subclauses 75.1 - 75.5 of the Conditions Award– Parental Leave.

Casual employees are entitled to unpaid parental leave in accordance with clause 12.5.4 of the Conditions Award - Leave

6.8.3.2 Right to request extension of parental leave or return to work on a part time basis

An employee who has been granted parental leave may make a request to the agency to extend the period of unpaid parental leave for a further period of 12 months and to return from a period of full time parental leave on a part time basis until the child reaches school age.

See subclause 75.9.1 of the Conditions Award – Parental Leave.

Determination 2018-01 Leave for Employees engaged in Altruistic Surrogacy

6.8.4.1 Leave for the purposes of altruistic surrogacy

• For the primary care giver: 12 months’ leave of which 14 weeks is paid and the remainder unpaid, as per the provisions applicable for adoption leave under the Conditions Award.
• For the secondary care giver: short and extended other parent leave in accordance with c. 75.4 of the Conditions Award.

Leave will commence from the date the employee assumes the role of primary or secondary care giver of the child.

The eligibility requirements for surrogacy leave are outlined in Determination 2018-01.

6.8.4.2 Leave for employees providing permanent out-of-home care

• An entitlement to take 12 months’ unpaid leave for permanent caring arrangements.

Eligibility for a period of leave to carers is to be limited to the provision of a guardianship or a permanent placement order for a child or young person.

Leave is available once a child is in the permanent care of the employee.

6.8.4.3 Other rights

Employees granted leave for the purposes of altruistic surrogacy or out-of-home care also have a right to request extended parental leave and return to work on a part-time basis in accordance with subclause 75.9 of the Conditions Award.

6.8.5.1 General

An employee may take any available parental leave entitlement on a part time basis.

In accordance with subclause 75.9.1(b) of the Conditions Award, an employee has a right to request to return from a period of full time parental leave on a part time basis until the child reaches school age. Returning to work from parental leave on a part time basis includes the option of returning to work on part time leave without pay.

6.8.5.2 Calculating part time entitlement

The period of part time parental leave is calculated by dividing the untaken full time parental leave, expressed in hours, by the number of hours per week not being worked by the employee.

Therefore, using the following values -

PPL = Part time parental leave;

FLT = weeks of full time parental leave already taken following birth;

NWH = normal working hours per week; and

HW = hours to be worked each week while on part time leave,

The number of weeks of part time leave available is calculated thus:

PPL = ((52 – FLT) × NWH) / (NWH – HW)

6.8.5.3 Examples of part time leave calculation

6.8.5.4 Flexible working arrangements

Subject to agency convenience, employees on part time parental leave or returning to work on a part time basis, may work flexible working hours, fixed hours or under a staggered time system.

For further details see clause 13 of the Conditions Award – Part Time Employment

6.8.6.1 Payment while on maternity, adoption or other parent leave

An employee who has applied for parental leave is entitled to payment at the ordinary rate of pay, in accordance with subclause 75.5 of the Conditions Award provided that the employee otherwise meets the requirements for taking parental leave as set out in subclause 75.5.

Payment shall be made in accordance with the entitlement found in subclause 75.5 of the Conditions Award, or for the actual period of leave taken, whichever is the lesser period.

Otherwise, parental leave is granted without pay.

6.8.6.2 Definition of continuous service

Continuous service means service with the following employers:

• the Government Sector
• service of either House of Parliament, or the President or Speaker, or the President or Speaker jointly;
• any other service of the Crown, or
• the service of any other person or body constituted by or under an Act, or exercising public functions (such as a SOC), being a person or body that is prescribed, or is of a class prescribed, for the purpose of this definition.

See Section 3(1) of the Government Sector Employment Act 2013.

6.8.6.3 Method and rate

The method of payment for parental leave is set out in subclause 75.6 of the Conditions Award.

6.8.6.4 Calculation of averaged payment for leave following varying hours

Weekly pay for parental leave following 40 weeks of varying part time work can be calculated by adding the total number of hours worked by the employee during each of the 40 weeks before she/he starts parental leave, dividing this sum by the normal full time hours and multiplying this by the full time weekly pay.

Using the following values -

Total hours = hours worked in week 1+ hours in week 2+ hours in week and so forth up to week 40

NWH = normal working hours per week and

FTP = normal weekly full time pay

then the weekly rate of pay for paid parental leave

= (FTP × total hours) / (NWH × 40)

6.8.6.5 Above level allowance while on parental leave

Pay for parental leave includes an above level allowance if the employee:

• has acted in the higher position for more than a year; and
• the period of relief continues up to the day before the start of maternity leave; and
• the above level allowance is at the full difference in salary.

6.8.6.6 Pay during return to work on a part time basis

An employee returning to work on a part time basis is to be paid according to the following formula:

Weekly pay = (Ordinary weekly salary × hours worked per week) / Ordinary weekly full time hrs for the classification

Pay is calculated without the addition of part time loadings unless such payment is required by a State industrial instrument.

6.8.6.7 Overtime during return to work on a part time basis

An employee who has returned to work on a part time basis and who is directed to work overtime is to be paid:

• at the ordinary hourly rate for hours in excess of the employee’s regular part time hours, and up to the ordinary full-time hours for the classification; and at the rate specified by
• clause 89, Overtime worked by Shift workers,
• clause 90, Overtime worked by Day workers and
• clause 95, Rate of Payment for Overtime of the Conditions Award, for hours in excess of the ordinary full time hours for the classification.

6.8.6.8 Public holidays during return to work on a part time basis

An employee who has returned to work on a part time basis is to be paid for public holidays that fall on days on which they would have been on duty under their part time work arrangement. They are to be paid only for the hours they would have worked had the day not been a public holiday.

6.8.6.9 Allowances during return to work on a part time basis

Allowances paid to individual employees continue pro rata during a period of return to work on a part time basis. Reimbursement for expenses incurred in the course of official business is to be paid in full.

For employees who are contributors to the State Superannuation Scheme (SSS), personal contributions continue to be payable during paid and unpaid parental leave, although the SAS Trustee Corporation (the trustee of SSS) may approve a deferral of payments. However, interest at the fund earning rate will be payable on any deferred contributions.

For employees who are contributors to the State Authorities Superannuation Scheme (SASS), personal contributions continue to be payable during paid and unpaid parental leave, though the SAS Trustee Corporation (the trustee of SASS) may authorise a reduction in contributions where a member would have difficulty in maintaining contributions at their nominated rate.

If an employee’s Superannuation Guarantee Contributions are made to First State Super (FSS) or another complying accumulation superannuation scheme then employer-financed benefits accrue for periods of paid parental leave but not unpaid parental leave.

6.8.8.1 Information to employees

When an agency becomes aware that an employee or their partner is pregnant, or is adopting a child, the agency must inform the employee of their entitlements and obligations under the Conditions Award, including notification requirements. Notification requirements are set out in subclause 75.10 (the Conditions Award).

6.8.8.2 Evidence

An agency head may require an employee who has made an application for parental leave to provide reasonable evidence to substantiate their application for leave. This may include:

• if the employee is intending to take maternity leave or other parent leave in connection with the birth of a child – a medical certificate identifying the date of birth, or expected date of birth; or
• if the employee is intending to take adoption leave or other parent leave in connection with the adoption of the child – an adoption order effected by the Supreme Court in accordance with the Adoption Act 2000.

See “6-8.4.1 Leave for the purposes of altruistic surrogacy” and Determination 2018-01 for the eligibility requirements for surrogacy leave including evidence.

See “6-8.4.2 Leave for employees providing permanent out-of-home care” and Determination 2018-01 for the evidence requirements for leave for employees providing out-of-home care.

6.8.8.3 Changes to parental leave

Before actually starting parental leave an employee may change the period of leave or any part time arrangement any number of times.

Once an employee has commenced parental leave the period of leave or any part time arrangement may only be changed in accordance with subclause 75.10.8 of the Conditions Award.

6.8.8.4 Communication during parental leave

Where an employee is on parental leave, there is an obligation on the agency head to communicate significant changes in the workplace to the employee.

In addition, there is an obligation on the employee to communicate possible changes to the duration of their parental leave and/or changes to contact details.

See subclause 75.20 of the Conditions Award.

6.8.8.5 Return from part time parental leave to full time work

An employee granted part time parental leave may resume full time work on giving the agency head four weeks’ notice.

6.8.9.1 Leave before parental leave

An employee who is sick during her pregnancy may take available sick leave or apply for leave in accordance with subclause 75.15 of the Conditions Award.

An employee who wishes to cease duty before the date of the birth of the child or, in relation to adoption leave, before taking custody of the child, may apply for accrued recreation leave extended leave or leave without pay prior to taking parental leave.

Any leave taken before parental leave ceases at the end of the working day before the start of parental leave.

Parental leave starts on the date of birth of the child, or the date that the employee takes custody of the child. This applies irrespective of whether the date is before or after the expected date of birth, or the date on which the court makes an order for the adoption of the child by the employee.

An employee on maternity leave must notify the agency of the date of the birth as soon as is convenient in accordance with paragraph 75.10.6 of the Conditions Award.

6.8.9.2 Leave during parental leave

An employee may, with agency approval, may combine available leave with full time or part time parental leave in accordance with subclauses 75.16 and 75.17 of the Conditions Award.

Where an employee is to combine forms of leave, parental leave is to be taken in the first instance, followed by recreation leave and then by extended leave. See “6-6.4.7 Combining recreation and extended leave”.

Any leave taken in accordance with subclauses 75.16 and 75.17 of the Conditions Award shall not be taken during a period of paid full time parental leave.

When calculating other leave accruing during a period of recreation leave at half pay, pursuant to subclause 75.17.3 of he Conditions Award, recreation leave at half pay shall be converted to the full time equivalent and treated as full pay leave for the accrual of further recreation, extended and other leave at the full time rate.

6.8.9.3 Leave for miscarriage, still birth or death of child

In the event of a miscarriage any absence from work is to be covered by the current sick leave provisions as contained in clauses 79 to 83 of the Conditions Award. An employee must notify the Agency in accordance with subclause 75.10.7 of the Conditions Award.

If a child is stillborn or dies shortly after birth, the employee may elect to take available sick leave or parental leave. An employee electing to take parental leave is also entitled to change the period of leave to be taken in accordance with paragraph 75.10.8 of the Conditions Award.

The Australian definition of stillbirth is that there is no sign of life after birth in babies of at least 20 weeks gestation or at least 400 grams birth weight.

6.8.10.1 Payment for leave

Except as provided below, or in any State industrial instrument, payment for leave granted during work on a part time basis is to be only for the hours worked and at the rate of pay under the part time leave arrangement.

6.8.10.2 Concessional leave

An employee who has returned to work on a part time basis is entitled to any concessional leave granted to full time employees when, under their part time leave arrangement, the employee would have been working on the day for which the concessional leave is granted. If the employee would not have been working on that day, or would have worked less than full time hours on that day, the employee is not entitled to concessional leave.

6.8.10.3 Leave without pay

Agency Heads may, without affecting the continuity of an employee’s part time parental leave, grant short periods of leave without pay for necessary periods of absence which are not covered by other leave entitlements.

When an employee takes, subject to the usual conditions, an extended period of leave without pay, then the part time work ceases at the end of the day before the start of leave without pay.

See “6.7 Leave without pay"

6.8.11.1 Increments

Paid parental leave at full pay or half pay in accordance with subclause 75.5 of the Conditions Award counts as full service for the purposes of determining incremental progression. Unpaid parental leave does not count as service for determining incremental progression, except for increments based on age.

6.8.11.2 Increments during part time maternity leave

If an employee’s performance is satisfactory, increments are granted on completion of 12 months part time service, or a combination of full time and part time service.

Employees on an incremental scale based on age advance to the next increment on the designated birthday.

6.8.11.3 Leave credits

• Parental leave at full pay counts as full service for determining all forms of leave.
• Parental leave at half pay counts pro rata as service for determining all forms of leave.
  Note: Parental leave at half pay is paid leave taken at a reduced rate and is not a combination of full pay leave and leave without pay.
• Unpaid parental leave does not count as service for determining any leave entitlement, except for extended leave when at least 10 years of service has been completed and unpaid parental leave does not exceed 6 months. See also “6.7 Leave without pay”.

The hours an employee works while on part time parental leave count pro rata as service for all forms of leave. The accruals may be calculated using the formula:

Leave accrued = (Full time accrual * Hours worked) / Ordinary full time hours for her classification

6.8.12.1 General

When an employee or their partner becomes pregnant, or adopts another child, while on parental leave, the employee is entitled to a further period of parental leave. The normal conditions contained in this chapter apply to the second period of parental leave. However, any remaining parental leave from the former birth or adoption lapses as soon as the new period of parental leave begins.

6.8.12.2 Rate

Subclause 75.6 of the Conditions Award is to be applied, except where a staff member commences a subsequent period of maternity or adoption leave for another child within 24 months of commencing an initial period of maternity or adoption leave.

Subclause 75.7 (the Conditions Award) prescribes the rate at which a staff member is to be paid for a subsequent period of maternity or adoption leave, where that second period commences not more than 2 years after the commencement of the initial period of maternity or adoption leave. See above “6-9.11.1 General”.

Examples of the application of the 24-month rule

6.8.13.1 Right to former position after parental leave or after working on a part time basis

An employee has the right to their former role if resuming duty immediately after a period of parental leave or work on a part time basis in accordance with subclause 75.11 (the Conditions Award).

6.8.13.2 No right to former position during return to work on a part time basis

An employee does not have a right to their former role for the duration of any return to work on a part time basis, as set out in subclause 75.13 of the Conditions Award.

6.8.13.3 Former position abolished

If the position occupied by the employee immediately prior to parental leave has ceased to exist, the employee may be appointed to a role in accordance with subclause 75.12 of the Conditions Award, subject to the mobility provisions of the Government Sector Employment Act 2013.

6.8.13.4 Former position relocated

An employee still retains a right of return to their former role if the role has been relocated. If an employee wishes to continue working in the former location, or another more convenient location, the agency should try to transfer the employee, if practicable, to a suitable position at the same classification and grade.

6.8.13.5 Reversion to maternity leave

An employee who has returned to full time duty without exhausting their parental leave entitlements may revert back to parental leave in accordance with subclause 75.14 of the Conditions Award.

Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009

TC14-10 Military Leave - Defence Reserve Service (Protection) Act 2001 and Extension of Military Leave through 'Top Up' Pay

Defence Reserve Service (Protection) Act 2001 (Cth)

6.9.2.1 Leave Entitlement

In accordance with Section 17(1) of the Defence Reserve Service (Protection) Act 2001 (Cth), it is unlawful to prevent an employee from rendering, or volunteering to render, Defence Reserve service. Accordingly, agencies are legally obliged to release employees to undertake duties as members of the Australian Defence Force (ADF). Such leave is to be granted as leave without pay.

See also subclause 73.2 of the Conditions Award and TC14-10 Military Leave - Defence Reserve Service (Protection) Act 2001 and Extension of Military Leave through 'Top Up' Pay

The entitlement to military leave on full pay is subject to subclause 73.1 (the Conditions Award) – Military Leave.

6.9.2.2 Travelling time

The minimum time necessarily spent in travelling to and from an annual training activity may be included in leave granted, provided that:

• the time spent travelling is during normal working hours; and
• no pay is received from the ADF for the time spent travelling.

6.9.3.1 Maximum amount of leave

See subclause 73.3 and 73.4 of the Conditions Award.

6.9.3.2 Top up pay

See subclauses 73.5, 73.6 and 73.7 of the Conditions Award.

For further details refer to TC14-10 Military Leave - Defence Reserve Service (Protection) Act 2001 (Cth) and Extension of Military Leave through 'Top Up' Pay.

The cost of ‘Top Up’ Pay can be partly offset by the Commonwealth Defence Employer Support Payment Scheme (ESP Scheme), which compensates agencies for the absence of employees on military leave. For further details refer to C2007–53 - Australian Defence Force Reserve Employer Support Payment Scheme.

See subclause 73.8 of the Conditions Award.

If it is essential for a member of the part time ADF to serve full time then the particulars of the case are to be referred to the Secretary of Industrial Relations, for determination of conditions in accordance with s. 52 of the Government Sector Employment Act 2013.

6.9.6.1 Retention, reduction or forfeiture of allowance

A member of the ADF receiving the remote area allowance at the non-dependant rate is not paid the allowance while on military leave. (see “7-14-4 Remote areas – allowances and travelling on recreation leave”) and subclauses 39.6 and 39.7 of the Conditions Award.

A member of the ADF receiving the remote area allowance at the dependant rate may continue to receive the allowance at the normal rate for the duration of the military leave provided that:

• the employee continues in employment;
• the dependants continue to reside in the area specified; and
• the military pay does not exceed departmental salary plus the remote areas allowance.

If the military salary exceeds departmental salary plus the allowance at the dependant rate, the allowance is to be reduced to the non-dependant rate.

Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 clause 17, Natural Emergencies and Major Transport Disruptions.

Employees should make every effort to attend their normal work location during natural emergencies and major transport disruptions. If an employee is prevented from so doing by a natural emergency (such as a bush fire, flood, and the like) or because of a major transport disruption, any one or more of the following procedures outlined in subclause 17.1 of the Conditions Award should be adopted.

6.10.2.1 Working remotely

In situations such as those outlined in “6-10.2 Work location”, working remotely should be considered for the duration of the disruption, subject to agency convenience, the nature of the employee’s duties, and agreement by the agency and the employee on the procedures to be followed.

6.10.2.2 Reporting to another office or agency

Subject to agency convenience, the employee may arrange to report to another office of the agency where suitable work is available. If unable to be accommodated in the same agency, the employee should arrange to report to the office of another agency, subject to the concurrence of both agency heads and work being available.

When a prolonged transport disruption occurs, agency heads may extend the flexible working hours settlement period during which the transport disruption occurred by a further four weeks, in order to allow employees to make up additional time taken during the disruption.

Normal provisions regarding maximum debits and credits at the end of the extended settlement period are to apply. That is, not more than 10 hours debit or credit is to be brought forward to the next four weekly settlement periods.

TC14-14 Accessing leave entitlements and flexible work hours arrangements to observe days of religious significance

Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009

Clause 74 of the Conditions Award - Observance of Essential Religious Or Cultural Obligations, provides for staff members to access leave to observe essential religious or cultural obligations.

This supports the Government’s commitment to accommodating culturally diverse employees in the workplace.

Managers and supervisors need to be sensitive in accommodating the needs of employees requiring access to their leave entitlements and flexible work hours for the purposes of observing essential religious or cultural observations.

Multicultural NSW publishes a guide to some of the days of religious significance for this purpose on its website at http://multicultural.nsw.gov.au/communities/communities/days-of-religious-significance/

In the case of an employee observing religious duties on a daily basis, a simple agreement should be negotiated between employee and supervisor, the terms of which should be considered as covering the situation on an ongoing basis.

Clause 81, Sick Leave to Care for a Family Member - Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009.

6.12.2.1 General

Carer’s leave is only to be taken when Family and Community Service Leave is exhausted or unavailable (subclause 81.1 of the Conditions Award).

See also “6.6 Family and community service leave”,

Under the carer’s leave provisions, an employee’s paid sick leave may be used to provide care and support for a family member who is ill.

(as defined in subclause 81.4 of the Conditions Award who is ill.

Initially the leave is taken from the employee’s sick leave accumulated over the previous 3 years but additional leave may be granted in special circumstances as per subclause 81.2 of the Conditions Award.

Where paid sick leave is not available to the employee, make-up time, time off in lieu of overtime, flex leave, recreation leave or carer’s leave without pay may be used to enable employees to combine paid employment with other responsibilities.

As with sick leave, carer’s leave should be managed in a fair and equitable way and mechanisms put in place to monitor sick leave taken as carer’s leave.

It is important that agencies ensure that separate records are maintained for sick leave taken by the employee for their own illness and for a sick family member.

Carer’s leave is not available to casual employees.

6.12.2.2 Casual employees

For carer’s leave entitlements for casual employees, see subclause 12.6 of the Conditions Award.

6.12.3.1 Sick leave

See subclause 81.2 of the Conditions Award.

In special circumstances an agency head may grant sick leave that accrued during service in the period prior to the 3 years referred to in subclause 81.2 of the Conditions Award. Agency heads are reminded that special circumstances do not include an employee’s intention to take all or most of their accrued sick leave in order to provide full time care to a sick family member for a prolonged period or for an indefinite period of time.

6.12.3.2 Evidence of Illness

An agency head may request evidence consistent with the requirements of subclause 80.6 to establish the illness of the person for whom the care is being provided (subclause 81.3 of the Conditions Award).

See clause 19 of the Conditions Award – Public Holidays and also the Premier’s Memorandum on Christmas Closedown.

Public holiday dates for NSW can be found at NSW Public Holidays

Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 clauses 77, Recreation Leave, and 78, Annual Leave Loading.

6.14.2.1 Basis of grant

See subclause 77.1 and 77.4 of the Conditions Award

6.14.2.2 Additional leave – central or western division

See subclause 77.1.2 of the Conditions Award

6.14.2.3 Additional leave – work on Sundays and public holidays

See subclause 77.7 and subclauses 87.7.2 to 87.7.4 of the Conditions Award.

6.14.3.1 Taking of leave

See subclause 77.2 of the Conditions Award

See also Treasury Circular TC16-03 Managing Accrued Recreation Leave Balances

After taking into account the wishes of the employee, an agency head may direct an employee to take accrued recreation leave at a time convenient to the agency.

For areas not involved in the delivery of front line services, agency heads should maximize the taking of leave over the Christmas period by encouraging employees to take 2 weeks leave between the last week in December and the first week in January.

See the Christmas Closedown Premier’s Memorandum.

6.14.3.2 Only accrued leave to be granted

If recreation leave is insufficient to cover the whole of the absence applied for, leave accruing between the first day and the last day of the period of leave applied for may be granted.

Leave accrued during recreation leave is not paid for until the first pay after resuming duty.

6.14.3.3 Transfer from full time to part time employment

An employee who transfers from full time to part time employment may take all recreation leave accrued during full time service before entering part time service.

Recreation leave accrued during full time service is not forfeited if it is not used before starting part time service. It may be taken later and is paid at the rate that applied immediately before the change to part time employment.

6.14.3.4 Transfer from part time to full time employment

An employee who transfers from part time to full time employment may take all recreation leave accrued during part time service before starting full time service.

If the recreation leave accrued during part time service is not used before starting full time service, the leave is converted to its full time equivalent and incorporated with future recreation leave accruals.

Payment for leave is then at the rate of pay received at the time of taking the leave.

The formula for converting the leave to its full-time equivalent is:

Amount of recreation leave accrued during P/T service × hrs worked p/t

Full time hours worked per week for the classification

6.14.3.5 Limits on Accumulation and Direction to Take Leave

See subclause 77.2.3, subclause 77.2.4 and subclause 77.2.5 of the Conditions Award.

6.14.3.6 Conservation of leave

See subclause 77.3 of the Conditions Award.

6.14.3.7 Temporary employees employed for three months or less

Temporary employees who are employed for a period of three months or less are not eligible to accrue recreation leave but are entitled, on cessation of employment, to be paid in lieu of recreation leave 1/12th (or 4/48th) of the salary or wages excluding overtime earned during the period of employment.

6.14.3.8 Apprentices

See “6.3.1.2 Apprentices”.

6.14.4.1 General

See subclauses 77.4.3 and 77.4.4 of the Conditions Award.

See also “6.7 Leave without pay”

6.14.4.2 Extended leave

Recreation leave does not accrue when extended leave is paid in lieu of leave on resignation, retirement or termination of services. If however all accrued extended leave is taken as leave before the last day of service then recreation leave accrues as above.

See subclause 77.4.6 of the Conditions Award.

1. Leave without pay

Recreation leave does not accrue during leave without pay other than in the circumstances covered at subclause 77.8 of the Conditions Award.

1. Deductions for leave without pay

Deductions for any leave without pay taken during the year should be made from the accrued recreation leave once each year. Leave without pay taken in the 12-month period is calculated to an exact quarter of a day (fractions less than a quarter of a day being rounded down).

Payment for recreation leave accrued is at the rate of pay applicable on the day immediately prior to the first day of the leave.

When an increase in the rate of pay occurs during the period of leave, adjustment to the payment must be made as soon as practicable.

See clause 29 of the GSE Reg regarding the payment or retention of annual leave entitlements for government sector employees

See - 4-3.1 Recreation leave entitlements.

See - 4-3.3 Payment for leave on the death of an employee.

When a teacher who is employed under the Teaching Services Act 1980 is appointed to a position under the GSE Act, credit of recreation leave may be granted in accordance with the following table:

Table 2 Teachers - credit of recreation leave

Thereafter recreation leave accrues at the normal rate.

*Notes: When a teacher is appointed from the start of the:

• first week of the April vacation and the vacation is for 2 weeks, the recreation leave credit is 10 days;
• second week of the April vacation, or when the vacation is only for 1 week, the recreation leave credit is 5 days;
• first week of the July vacation the recreation credit is 10 days; and
• second week of the July vacation the recreation leave is 5 days.

6.14.10.1 Accrued leave to be taken

When possible, Agencies must approve a release date sufficiently early to allow all accrued recreation leave to be exhausted prior to the secondment.

6.14.10.2 If accrued leave cannot be taken

When, due to agency or personal exigencies, it is not possible to comply with 6.14.9.1 Accrued leave to be taken, the employee may elect to:

• be paid either at the start or at any time during the period of secondment the monetary value of recreation leave accrued at the rate applicable immediately prior to the start of the secondment. Payment is made by the agency from which the employee was seconded; or
• retain the accrued leave entitlement for the duration of the secondment

6.14.10.3 Subsequent appointment to teaching services

If the employee elects to retain accrued leave during the secondment but is subsequently appointed to one of the Teaching Services then the agency from which the employee was seconded must pay to the employee the monetary value of accrued leave at the rate applicable immediately before the start of the period of secondment.

6.14.10.4 Conditions of secondment

During a period of secondment, the following conditions apply:

• future movements in remuneration are to be in accordance with the appropriate teaching rate;
• salary progression in the substantive position does not apply;
• recreation leave entitlements do not accrue in the substantive position.

6.14.10.5 Written concurrence to secondment required

The concurrence of the employee must be obtained in writing before the start of these arrangements.

6.14.10.6 Reciprocal arrangements for recognition of leave

Reciprocal arrangements for recognising sick leave and extended leave entitlements exist when secondments occur between the Teaching Services and the Public Service.

See 7-14 Remote areas – allowances and travelling on recreation leave.

6.14.12.1 Loading payable

If a shift worker is to be paid shift premiums, penalty rates and the like, such payments are not made for public holidays, or any period of compensatory leave which has been added to a period of annual leave for public holidays worked during the preceding leave year.

See subclauses 78.1 to 78.4 of the Conditions Award.

6.14.12.2 Seven-day continuous shift workers

In the case of 7-day continuous shift workers, the 17½ per cent loading is calculated on the basis of 17½ per cent of 5 weeks ordinary salary or wages; or

In the case of 7 day continuous shift workers entitled to additional leave under clause 87.7.6 of the Conditions Award, the 17½ per cent loading is calculated on such additional leave and added to the leave loading calculated on 4 weeks leave in accordance with “6.14.12.1 Loading payable” Previous service in non-public service divisions and special employment divisions.

6.14.12.3 Maximum loading payable

See subclause 78.4 of the Conditions Award.

6.14.13.1 General

For calculation of annual leave loading, the leave year commences on 1 December each year and ends on 30 November of the following year. See subclause 78.5 of the Conditions Award.

6.14.13.2 First year of service

See subclauses 78.6.1 and 78.6.3 of the Conditions Award.

The annual leave loading is paid on the recreation leave accrued during the previous leave year. The annual leave loading is not paid on any recreation leave taken in the first leave year of employment, that is, from the date of employment to the following 30 November.

The loading on leave accrued in the employee’s first leave year of employment is paid during the second leave year of employment.

For example: 

Payment of the annual leave loading shall be made on the recreation leave accrued during the previous leave year.

See subclause 78.6 of the Conditions Award.

6.14.14.1 Payment with leave taken

See subclause 78.6.1 of the Conditions Award.

6.14.14.2 Payment as at 30 November

See subclause 78.6.2 of the Conditions Award.

6.14.14.3 Resignation, retirement or termination

See subclauses 78.6.4 and 78.6.5 of the Conditions Award.

See subclause 78.6.5 of the Conditions Award.

6.14.16.1 Basis of calculation

Calculation of the annual leave loading is based on the ordinary salary or wage applicable at the time the leave is taken.

Ordinary salary or wage does not include any regular payment made on an annual or weekly basis as compensation for shift work but does include all allowances payable during recreation leave.

Variation of rates under an industrial instrument

Any new rate granted by award, agreement, determination, increment, or other such instrument during the period of leave, is to be taken into account in the calculation of the annual leave loading, unless otherwise prescribed by the instrument. If necessary, the adjustment is to be made retrospective.

6.14.16.2 Payment as at 30 November

When payment is made at 30 November under the provisions of “6.14.14.2 Payment as at 30 November”, the payment is 17½ per cent of the recreation leave accrued at the previous 30 November but calculated on the current rate of pay and subject to the provisions of “6.14.12 Annual leave loading entitlement”.

6.14.16.3 Calculation

The loading may be calculated in the following manner:

Annual Salaries:

Loading on 4 weeks leave: Divide the annual salary by 74.54

Loading on 5 weeks leave: Divide the annual salary by 59.63

Weekly Rates:

Loading on 4 weeks leave: Divide the weekly rate by 1.4286

Loading on 5 weeks leave: Divide the weekly rate by 1.1429

When the annual leave loading is paid, leave and salary records are endorsed to the effect that payment for the year ending 30 November of the appropriate calendar year has been made.

6.14.18.1 Officers

From the commencement of the Public Service Act 1902 in 1902 until 31st December 1963, recreation leave accrued at the rate of 3 weeks per annum.

As from 1 January 1964, the recreation leave entitlement was increased to 4 weeks per annum.

6.14.18.2 Temporary Employees

1. Before 1945, temporary employees generally accrued recreation leave as follows:

• 1 week to every employee who had served continuously for one year.
• 2 weeks to every employee who had served continuously for two years.
• 3 weeks to every employee who had served continuously for three years.

2. Following the introduction of the Annual Holidays Act operative from 1 January 1945, temporary employees were granted 2 weeks leave per annum for the first 2 years of service and 3 weeks leave per annum thereafter.

3. In December 1957, it was decided that all temporary employees in the service on 3 December 1957, were to accrue recreation leave at the rate of 3 weeks per annum in respect of service on and from 3 December 1956, or if appointed after 3 December 1956, from date of appointment.

4. From 1 January 1964, the recreation leave entitlement was increased to 4 weeks per annum.

Clause 76 of the Conditions Award – Purchased Leave.

TC14-12 Purchased Leave Policy.

Purchased Leave is a voluntary arrangement where employees may purchase additional leave. The approval of Purchased Leave Agreements is subject to the business needs of the agency.

Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009

TC14-13 Managing Sick Leave Policy

Managing absenteeism is part of the Government’s commitment to achieving and sustaining productive, healthy, efficient and high performing workplaces.

Agencies must ensure the health, safety and wellbeing of their employees as well as training managers and briefing employees about their responsibilities.

The Managing Sick Leave Policy (the Policy) has been developed to assist agencies to better manage absenteeism in the workplace pursuant to the Memorandum of Understanding in settlement of the Crown Employees (Public Sector Salaries –2008) Award. The key issues are outlined below:

Healthy workplaces: the Policy has been developed to better manage absenteeism and is part of the Government’s commitment to achieving and sustaining productive, healthy, efficient and high performing workplaces.

Responsibilities of agencies, managers and employees are outlined in the policy.

Key changes include that evidence of illness is to be provided for absences of more than two consecutive days; and

Absence reviews will be undertaken where there are five or more unsupported absences in a calendar year or where an absence trend is identified.

Analysis and review of sick leave strategies and data is to be undertaken regularly to ensure effective sick leave management.

Refer to the following policies and procedures to assist in identifying and developing programs and strategies that will help to achieve healthy workplaces.

TC14-22 Working Arrangements in an Influenza Pandemic

TC14-20 Privacy Guidelines on Disclosures of Information during Industrial Consultations

See clause 79 (the Conditions Award) – Sick Leave for:

• meaning of illness – subclause 79.1
• notification of absence by employees – subclause 79.2
• granting sick leave – subclause 79.3

See subclauses 79.6, 79.7 and 79.8 (the Conditions Award).

Temporary employees – accrue sick leave as per subclause 79.6 (the Conditions Award).

Casual employees – are not entitled to sick leave.

Part time employees – there are three types of part time work where sick leave will accrue at a pro rata rate with any unused sick leave being fully cumulative:

• temporary part time work
• permanent part time work; and
• part time work combined with part time parental leave.

The annual entitlement of an employee who changes from full time to part time is calculated as follows:

Step 1 calculate sick leave entitlement in hours for those months worked full time months full time × 15/12 × full time hours per day

Step 2 calculate sick leave entitlement in hours for those months worked part time

(months full time x hrs worked/wk × 15/12 × full time hrs/day) / (full time hr/wk)

Step 3 add step 1 to step 2 for entitlement in hours

Election to use other paid leave or proceed on sick leave without pay – when all paid sick leave entitlements have been exhausted, an employee may elect to use part or all of any recreation or extended leave credits or both, or to take sick leave without pay.

Former employees engaged under Ministerial authority

• an employee with former service under Ministerial authority (not under the PSEM Act 2002) who has exhausted all other sick leave entitlements may be granted the remaining sick leave entitlements according to Chapter 3 Mobility.

Sick leave without pay to count as service see subclause 79.6.6 (the Award) and Clause 72 (the Award) - Leave without pay

Commonwealth Sickness Allowance – an employee who is on sick leave without pay is entitled to apply for a Commonwealth Sickness Allowance.

It is the employee’s responsibility to make enquiries about any such entitlement. However, to avoid any unnecessary delay in the commencement of payments, agencies should take the following precautions:

• where possible give the employee two weeks’ notice that paid sick leave is about to expire if the employee is not expected to return to work within that time
• give the employee a statement showing the date on which all paid sick leave expires, and whether or not a workers’ compensation claim has been lodged
• advise the employee that unless they elect to use another form of leave as referred to in Election to use other paid leave or proceed on sick leave without pay (above) a Commonwealth Sickness Allowance may be applied for to cover the sick leave without pay.

If the employee applies for the Commonwealth Sickness Allowance, Centrelink will forward a form to the agency seeking information relevant to the application. To avoid hardship, agencies must complete and return these forms as soon as practicable.

Trigger points for review of absences are outlined in TC14-13 Managing Sick Leave Policy and includes five cumulative days of unsupported sick leave taken in a calendar year.

Medical assessments – if there is the likelihood of an employee being absent for longer than two months, an agency may consider referring them for a medical assessment. This may be useful in just confirming an illness or could assist in returning an employee safely to work. It is advised that this action be taken before available sick leave is exhausted.

Return to work program see subclause 79.5 (the Conditions Award) and related policies.

Allocation of leave – provided the employee has submitted appropriate medical certificates supporting the absence on sick leave, sick leave is granted to the limit of entitlement, followed by recreation leave or extended leave to credit or sick leave without pay, subject to. “6-16.5 Sick leave entitlements”.

See clause 80 (the Conditions Award) – Requirements for Evidence of Illness

It is the agency’s responsibility to ensure that all records pertaining to an individual’s sick leave are secure.

See TC14-13 Managing Sick Leave Policy.

See clause 81 (the Conditions Award) – Sick Leave to Care for a Family Member

6.16.10.1 Direction to cease duty

See subclause 79.4 of the Conditions Award

6.16.10.2 Grant of special leave

An employee directed to cease duty or not to resume duty is to be granted special leave until the nominated health provider has formed a recommendation on the appropriateness or otherwise of granting sick leave.

Such time may involve medical assessment by the nominated health provider, other specialists and consultation with the employee’s treating medical practitioner.

6.16.10.3 Allocation of sick leave

When the nominated health provider advises that sick leave is appropriate, the sick leave applies from the date of the agency head’s direction to cease duty or not to resume duty. The grant of sick leave continues until the agency head, on the advice of the nominated provider gives the clearance to resume duty.

Additional sick leave may be necessary to cover the assessments and consultation referred to in Grant of special leave.

6.16.10.4 Unnecessary direction to cease duty

If the nominated provider advises that the employee had been fit for duty and the direction to cease duty or not to resume duty had not been necessary on medical grounds, the employee is to be allowed to resume duty immediately and be granted special leave for the duration of the absence.

6.16.10.5 Evidence of illness

The agency head cannot accept any evidence of illness either in support of the employee’s continued absence or resumption of duty unless the evidence has the endorsement of the nominated provider.

6.16.11.1 Special sick leave

See clause 84.10 of the Conditions Award Special Leave – Other Purposes

Definition – special sick leave is a grant of paid sick leave additional to the annual or cumulative entitlement, and its application is reserved for long term employees (over 10 years) for occasions of long term illness only.

Recording – special sick leave is to be shown on the leave record as Special sick leave. It is not to be taken into account when calculating normal annual or cumulative entitlements. It is to be taken into account when assessing the availability of further entitlement to special sick leave.

Conditions of grant – special sick leave shall be granted by the agency head if an employee satisfies the following criteria:

• has 10 or more years’ service –
• has been or will be absent for a period of at least 3 months; and
• has exhausted or will exhaust, all normal sick leave entitlements.

Calculations – the grant of special sick leave will be on the following basis:

Table 3 Calculation - special sick leave

Full time and permanent part time service – if an employee has had a period of full time service followed by a period or periods of part time service or vice versa, the entitlement to special sick leave is still 22, 26 or 30 days for each completed 10 years of service.

The rate at which the special sick leave is granted however will depend on how the employee was employed at the time just prior to proceeding on sick leave.

If the employee worked full time, they will be granted available special sick leave at the full-time rate. If the employee was a permanent part time employee, the payment for the period covered by special sick leave will be made only for the hours when the employee would have been on duty.

A full-time employee who was absent on part time adoption, maternity, or parental leave or short term part time leave without pay prior to proceeding on sick leave is granted special sick leave, when applicable, as a full time employee.

6.16.11.2 Sick leave for war caused disabilities

Definition – a war caused disability is an injury or illness resulting from armed service in a recognised war zone. Injury or illness resulting directly or indirectly from service in the armed forces but not in a war zone is not regarded as war caused.

Additional entitlement – employees who are former armed services personnel and who have an accepted war caused disability receive an additional annual entitlement of 15 days per calendar year non-cumulative. This is an additional grant of leave to be applied only to absences directly related to the war caused disability and is separate from the annual sick leave, cumulative or special sick leave entitlement.

Evidence of disability – to be eligible for the additional leave the employee must provide a statement from the Department of Veterans’ Affairs to the effect that the illness or injury is a result of service in a recognised war zone.

See clause 83 of the Conditions Award

When an employee who is sick or injured claims compensation or damages other than under the Workplace Injury Management and Workers’ Compensation Act 1998 an undertaking and authority should be signed and returned to the agency as soon as possible.

Conditions applying to grant of sick leave – available sick leave may be granted provided the employee is aware that:

• the monetary value of the sick leave must be claimed as part of any claim for compensation or damages and is to be included in any assessment of damages or compensation;
• the monetary value of the sick leave must be repaid to the agency once the claim for compensation or damages has been paid; and
• the undertaking must be signed and returned to the agency as soon as practicable.

Leave options – when absences occur as a result of injury or illness and a claim for compensation or damages has been made, an employee may elect to take:

• available sick leave; or
• recreation or extended leave to credit; or
• leave without pay; or
• a combination of any of the above.

Provision of information – if information is requested from an agency by the employee or their legal representative the agency is obliged to provide an accurate statement of the total salary or wage that would have been received had the employee been on duty, including leave payments made for the period of incapacity.

Refund of leave – see subclause 83.3 of the Conditions Award.

If the monetary value of sick leave is refunded in accordance with subclause 83.3 (the Conditions Award), the period of absence resulting from the injury or illness is then to be regarded as special leave without pay but is to count as service for the accrual of all types of leave and incremental progression.

Other leave – if an employee has taken recreation or extended leave they may, upon receipt of compensation elect to repay the monetary value of the recreation or extended leave taken and have the leave re-credited; or not to repay it, in which case the leave remains as a debit.

Refusal of claim – when a claim for compensation is refused, normal sick leave provisions apply.

Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 clause, 84, Special Leave.

Special leave is paid leave which applies to activities not regarded as being on duty and which are not covered by other forms of leave.

Agency heads may grant special leave to employees for the purposes as set out in Clause 84 (the Conditions Award). Department Heads may grant special leave to employees for such purposes and during such periods and subject to such conditions as are specified in the Award, included in this Section, or determined by the Secretary, Department of Premier and Cabinet, from time to time.

Casual employees are not entitled to special leave.

6.17.2.1 Union activities

See subclause 84.6 of the Conditions Award – Special Leave – Union Activities and

Clause 54 of the Conditions Award – Trade Union Activities Regarded as Special Leave.

See also “6-21 Trade union and employee representative activities, and industrial action”.

A maximum of 10 days per year may be granted to attend courses conducted by officially recognised organisations. See subclause 85.6 of the Conditions Award.

See (the Conditions Award) – Special Leave Jury Service subclauses 84.1.1 and 84.1.2 for employee notification and 84.1.3 Entitlement – Witness at court–official capacity

See subclause 84.2 of the Conditions Award – Witness at Court – Official capacity

See subclause 84.3 of the Conditions Award – Witness at Court – Other than in an Official capacity

6.17.5.1 Crown witness

See subclause 84.3.1 and 84.3.2 of the Conditions Award.

6.17.5.2 Union witness

See subclause 84.3.3 of the Conditions Award.

6.17.5.3 Private capacity

See subclause 84.4 of the Conditions Award.

In addition to the leave available under subclause 84.4 of the Conditions Award, an employee may also elect to be granted available flex leave or extended leave.

6.17.5.4 Court attendance as an interpreter

An employee who is required to attend at court to work as an official interpreter for the Community Relations Commission is granted special leave, provided that the costs are allocated to, and recouped from, the Language Services Division of the Community Relations Commission.

6.17.5.5 Traffic offences occurring in course of duty

An employee charged with a traffic offence while driving in the course of duty is granted leave for the period necessary to attend court to answer the charge. If the employee is acquitted, special leave is granted. If the charge is found proven, the employee may choose to take available recreation leave, extended leave, flex leave, or leave without pay.

An employee who is a witness at the trial of a traffic offence alleged against another employee in the course of duty is to be granted special leave for the necessary period.

See subclause 84.5 of the Conditions Award – Special Leave Examinations See also “6-20.5 Approved examinations”.

6.17.7.1 Emergency volunteers and volunteer members of safety organisations

Employees who are volunteer members of the:

• Bushwalkers’ Federation;
• Cave Rescue Association;
• NSW Volunteer Fire Brigade;
• Public Service Support Group;
• Rural Fire Services;
• State Emergency Services;
• Volunteer Coastal Patrol;
• Volunteer Rescue Association of NSW (or affiliated groups); or
• Wireless Institute Civil Emergency Network;

may be granted special leave of up to 5 days in any period of 12 months for the purpose of assisting as volunteers in one of these organisations.

6.17.7.2 Declared emergencies

If a situation arises requiring a major operational response, or an emergency is declared under Section 44 of the Rural Fires Act 1997, under other relevant legislation or by the Premier, employees who volunteer to assist are granted special leave with no upper limit. Leave granted under this clause does not count towards the 5-day upper limit specified in “6-18.8.1 Emergency volunteers and volunteer members of safety organisations”.

6.17.7.3 Proof of attendance at emergencies

An application for leave must be accompanied by a statement from the local or Divisional Controller, the Fire Controller, Deputy Fire Controller or  NSW Police Force certifying the times of attendance.

The leave application should indicate the period and area of attendance together with the name of the organisation to which the volunteer member belongs.

6.17.7.4 Rest periods

If a volunteer employee remains on emergency duty for several days, the agency head may grant special leave to allow reasonable time for recovery before returning to duty.

If a volunteer employee assists in a rescue at a time such that it would be unreasonable to expect them to report for duty at the normal time, the agency head may grant up to 1 day special leave for rest.

If the emergency referred to in the preceding two paragraphs is not a declared emergency, in accordance with “6-18.8.2 Declared emergencies”, the leave granted is included in the general 5 day annual limit prescribed in “6-18.8.1 Emergency volunteers and volunteer members of safety organisations”.

6.17.7.5 Emergency services courses

If the State Emergency Services Commissioner (or his/her delegate) considers it essential that a volunteer employee attend a course of training or lectures, the agency head should make every effort to release the employee from duty. If the employee is so released, the necessary absence from work is regarded as being on duty.

The State Emergency Services Commissioner (or his/her delegate) may nominate volunteer employees for attendance at courses of training or lectures when their attendance is not regarded as essential. In these circumstances, special leave may be granted for the time employees are absent from duty.

A certificate of attendance is not necessary. State Emergency Services will advise the agency whether attendance is required and any non-attendance will be reported to the agency.

6.17.7.6 Bush firefighting training courses

Emergency volunteers nominated to attend courses approved by the Rural Fire Service or by organisations recognised by the Service are to be granted the necessary special leave to attend, up to a maximum of 10 working days in any period of 12 months.

Applications are to be supported by written approval of the Rural Fire Service. Approval of leave is subject to agency convenience and written confirmation of attendance.

6.17.7.7 Payment of above level allowance during voluntary emergency service

Employees who commence relief or who are due to commence relief in a higher graded position and then volunteer to assist the State Emergency Service during bushfires, floods, and so on, may be eligible to receive the above level allowance for the period of time with the State Emergency Services.

For further information see the Public Service Commission’s Employment Portal – Above Level allowances.

Employees who identify themselves as Indigenous Australians and who are undertaking one of the courses included in the Aboriginal Rural Education Program at the University of Western Sydney are entitled to special leave to cover any compulsory attendance and essential travel required during usual working hours.

The grant of special leave became effective from the start of the 1986 academic year.

6.17.9.1 Travelling to another centre for medical examination

Country employees required to travel to another centre for medical examination at the direction an agency head are to be granted special leave for the time they are necessarily absent from duty.

When employees are required to travel to another centre for a medical examination for appointment to the service, the relevant travelling and meal allowance provisions apply.

See 7-18 Travelling and meal allowances for employees required to attend examinations.

6.17.9.2 Monthly return home

An employee who is temporarily living away from home as a result of work requirements is entitled to sufficient special leave as will allow them to spend two days and two nights once each month at the family home. An employee who wishes to return home more often may be granted the choice of recreation leave, extended leave, flex leave or leave without pay if operational requirements allow.

6.17.9.3 Travelling on monthly return home

Travelling allowances payable in these circumstances are set out in “Chapter 7 – Allowances”:

• 7-2.6 Returning home on weekends
• 7-2.6.2 Allowances for home visits
• 7-11 Motor Vehicle Allowances
• 7-14.5 Remote areas – travelling on recreation leave
• 7-17.1 Travelling compensation – Source of authority

6.17.10.1 Entitlement

This section applies as appropriate, to all employees who satisfy the definition of transferred employee in accordance with clause 4, Definitions - Crown Employees (Transferred Employees Compensation) Award.

See subclauses 6.1 and 6.2 - Crown Employees (Transferred Employees Compensation) Award

6.17.10.2 Return home

See subclauses 6.3 and 6.4 of the Crown Employees (Transferred Employees Compensation) Award.

Up to 6½ working days special leave is available to ADF services personnel in any period of 12 months, for the following purposes:

• attending a hospital or visiting a medical officer for review
• attending a hospital to report for periodical examination or attention in connection with a war caused disability
• obtaining, replacing, or having repaired an artificial limb or member, prosthesis or surgical appliance, or
• attending the Department of Veterans’ Affairs in connection with claims made for military pensions.

6.17.12.1 Public Service employees

Employees selected as competitors or officials at the Commonwealth or Olympic Games are entitled to up to 4 weeks special leave to participate in the Games. The same concessions may be granted to competitors or officials taking part in the equivalent Games for athletes with disabilities. 

6.17.12.2 Officials on international federations

In view of arrangements already in place for coaches, managers and officials who represent Australia at Olympic Games, employees who hold positions on International Federations recognised by the International Olympic Committee have access to 20 days special leave over the period leading up to the Olympic Games. This leave may be used in conjunction with other forms of leave (paid or unpaid) to cover periods of absence specifically related to official duties as a member of one of the International Federations recognised by the International Olympic Committee.

Employees eligible for this leave are able to transfer the balance of their entitlement when changing between Government employers.

6.17.12.3 Games Schedule

The next Olympic Games will be held in:

• Tokyo, Japan from 24 Jul - 9 Aug 2020 (Summer)
• Beijing, China from 4 – 20 Feb 2020 (Winter)

Details of the events included are published on the Olympic games website (see https://www.olympic.org).

The next Paralympic Games are being held:

• Tokyo, Japan from 25 Aug - 6 September 2020 (Summer)
• Beijing, China, from 4 to 13 March 2022 (Winter).

Further details of events are available on the Paralympic games website (see www.paralympic.org/).

The next Commonwealth Games is being held in:

• Birmingham, England from 27 Jul - 7 Aug 2022

Further details including the sport included in the games will be published on the Commonwealth games website (see https://thecgf.com/). It should be noted that the para-sport programme at the Commonwealth Games is fully integrated.

6.17.13.1 First aid courses

Leave is available for attendance at courses conducted to train or retrain first aid officers to meet agency needs. If the employee is nominated by the agency to attend the course the cost of the course is paid by the agency.

6.17.13.2 Blood donors

Employees are eligible to be granted special leave to give blood, with such leave being restricted to the time reasonably necessary.

6.17.13.3 Retirement preparation seminars

Employees invited to attend retirement preparation seminars conducted by the SAS Trustee Corporation, are eligible for 2 days special leave, with no other concessions.

6.17.13.4 Professional or learned society conferences

Employees who are financial members of professional or learned societies may apply for leave to attend conferences of those societies held in Australia.

Up to 5 days special leave for attendance at, and travelling to and from, the conference may be granted provided:

• it is in the agency’s interest for the employee to attend;
• the matters to be dealt with are directly associated with the work of the agency;
• it is not inconvenient to the agency for that employee to be absent from duty;
• attendance at the conference by employees from the one agency is minimised;
• the full details of the proposed itinerary are submitted; and
• the employee has not been granted leave for similar purposes during the previous 12 months.

6.17.13.5 National Aborigines and Torres Strait Islander Day

A staff member who identifies as an Indigenous Australian shall be granted up to one day special leave per year to enable the staff member to participate in the National Aboriginal and Islander Day of Commemoration Celebrations.

See subclause 84.9 of the Conditions Award.

6.17.13.6 Visits to other countries

Once approval for an overseas visit has been received from the Minister, the agency head will then determine whether the employee will be regarded as being on duty or on special leave during the visit.

The following financial arrangements usually apply:

• When an official visit is regarded as on duty the salary and all official travelling and associated expenses are met by the agency.
• When an official visit is regarded as on special leave the salary only is met by the agency.
• When an employee spends a short period on duty during a private overseas visit the salary and all expenses associated with that period of duty are met by the agency, but original fares are not.
• When an employee spends a short period on special leave during a private overseas visit the agency pays salary only for the duration of the special leave.

For more information see - DFSI-2015-05-Australian and Overseas Travelling Allowances for Official Travel by Senior Officials

and OFS-2014-07-Official Travel in Australia and Overseas

6.17.13.7 Bone marrow donors

Employees, who are listed in the Australian Bone Marrow Donor Register and who are called on to donate are eligible for up to 5 days special leave for this purpose.

This grant is subject to the production of a medical certificate from a registered medical practitioner covering any absence.

6.17.13.8 Union activities

See “6-21 Trade union and employee representative activities, and industrial action”.

An agency head has the discretion to grant special leave in the following circumstances:

• attendance of former ADF personnel at the RSL Congress and Conference;
• attendance at the Coral Sea Week March;
• travelling time associated with taking delivery of a vehicle to be used primarily for official business purposes;
• attendance at a graduation ceremony or to accept an award for outstanding academic work; and
• attending to Council duties by employees elected as Mayor, President or Chairman of a Local Council or County Council.

Special leave is not appropriate in cases of absences that are directly related to an employee’s duties. In these cases, the employee is regarded as being on duty. The following are cited as the kinds of activities in this category:

• Official country visits and official visits overseas – refer to the policy - OFS-2014-07-Official Travel in Australia and Overseas.
• Presenting a worthwhile paper at an annual conference of a professional society.
• Official agency representative at meetings of a professional or learned society.
• Agency representative at non-agency special courses and schools of instruction.
• Subpoenaed or called as a witness in an official capacity.
• Essential attendance at State Emergency Services courses.
• Attendance at a training course conducted by the agency.
• Attendance at the Annual Spokeswomen’s Seminar.
• Attendance before the Department of Premier and Cabinet, the agency head or the Minister for any specified purpose other than as a representative of an employee association.
• Attendance before an in-service selection committee.
• Attendance at a feedback interview.
• Attendance as a party to a Disciplinary Appeal or as a witness, whether as an employer or employee representative, or to present the employer’s case in an appeal.

Note: this list is not intended to be exclusive.

Determination 2018-03 - Support for Employees Experiencing Domestic and Family Violence

M2018-03 Support for Employees Experiencing Domestic and Family Violence

Cl 84A of the Conditions Award

6.18.1.1 General

The NSW Government introduced 10 days of paid domestic and family violence leave per calendar year for NSW government sector employees (excluding casuals) effective from 1 January 2019.

Details of the leave arrangements are set out in Determination 2018-03 - Support for Employees Experiencing Domestic and Family Violence which applies to the Public Service.

Premier’s Memorandum M2018-03 Support for Employees Experiencing Domestic and Family Violence provides the same leave arrangements for other Government Sector employees.

6.18.1.2 Availability of Leave

Access to up to 10 days paid leave for employees experiencing domestic and family violence which may be taken in part, single or consecutive days. The leave is available to part time employees on a pro-rata basis.

Access to the leave is not conditional on other forms of leave being exhausted.

Where there is an existing arrangement for paid domestic and family violence leave in an industrial instrument, it is intended that employees will have access to the more beneficial arrangement.

Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 – Clause 85 - Staff Development and Training Activities and Clause 86 - Study Assistance.

When a particular course or type of training is an essential condition of the contract of employment, agencies must meet all fees and charges levied on the employee.

This applies to cadets, trainees and employees involved in formal off-the-job training programs. Apprentices fall within this category, and employing agencies are already responsible for paying the Technical and Further Education (TAFE) administration charge on their behalf.

For agencies recruiting graduates who have an outstanding liability under the Higher Education Contribution Scheme (HECS), and for agencies with employees undertaking part time tertiary study which is not specifically required by their contract of employment, the decision concerning payment of HECS is entirely one for the agency.

The following should be taken into account when considering whether to pay, either in whole or in part, HECS liability and other course charges:

• the skill requirements of the agency
• the agency head being satisfied that the expenditure is justified in terms of the agency’s objectives and targets, and
• the availability of funds.

6.19.3.1 General

Study time leave is paid leave granted to employees for part time studies in approved courses. Study time leave should be equally accessible to all eligible employees and should be used to promote a highly trained and skilled workforce responsive to the requirements of the Government.

See subclause 86.1 of the Conditions Award.

6.19.3.2 Objectives

The objectives of study time leave are:

• to assist employees to undertake study which is relevant to the agency or the Public Service, and which improves their ability to perform their duties;
• to develop the skills, versatility and adaptability of people working in the Public Service;
• to provide an opportunity for employees who have suffered educational disadvantage to bridge gaps in their educational qualifications;
• to encourage employees to pursue the highest standards in courses of study which promote excellence in performance of agency functions;
• to enhance the employability of employees, to help them to become more competitive in the labour market and more attractive to public and private employees; and
• to provide a tangible expression of the commitment to employee development in a cost-effective way.

6.19.4.1 Availability

Study time of up to four hours a week during semester or term may be granted at full pay to employees to assist their studies in an approved course, subject to the approval of the agency head and agency convenience.

See subclause 86.1, 86.2 and 86.3 of the Conditions Award.

Four hours a week is considered to be an appropriate grant for a standard part time course offered by a post-secondary institution.

Pro rata leave may be granted for less demanding programs.

6.19.4.2 Criteria for approved courses of study

In determining the suitability of a program of study for approval, the agency head should consider:

• the relevance and value of the program to the agency or the Public Service
• the contribution the program is likely to make to enhancing the employability of the employee, and
• the benefits of the program to the service, the agency and the employee in relation to the costs in time and impact on agency services. Appropriate courses for approval should meet the following criteria:
  • Leading to a recognised qualification.
  • A TAFE special course, or
  • A bridging or qualifying course, or
  • An incidental subject forming part of a course for which study leave would be approved, and the incidental subject is of relevance to the agency or the service.
  • Administered by a public institution.
  • Leading to membership of a registered professional association.
  • Able to be taken part time by full time employees.

6.19.4.3 Value to the agency and the employee

In determining whether it is appropriate to grant study time leave, agencies should consider:

• the number and length of proposed absences, whether for attendance at classes or private study;
• any proposal to combine study time leave with other leave to increase the length of absence; and
• any proposal for how and when any additional study time leave will be made up.

Agencies must ensure that an adequate level of service to the public is maintained, that additional time can be made up efficiently and that study time leave arrangements are adequately supervised.

6.19.4.4 Part time work

Study Leave may be granted to both full and part time staff members - See subclause 86.3 of the Conditions Award.

6.19.4.5 Distance education, open learning and correspondence courses

Employees undertaking courses by distance education, open learning or correspondence may be granted study time leave provided that their study program and the institution offering it satisfy the criteria set out in “6-20.4.2 Criteria for approved courses of study”.

Study time leave of up to four hours a week may be granted for distance programs equivalent to a standard part time course on campus (or half of a standard full-time program) and a pro rata grant for less demanding programs.

See subclause 86.12 and 86.13 of the Conditions Award.

6.19.4.6 Full time courses

Study time leave for full time employees will normally be granted to assist part time study. It should not to be granted to full time employees to attend a course organised essentially for full time students or which, in later stages, requires full time attendance, unless the employee has approval to transfer to part time employment.

See also “6-20.7 Full time study leave”.

6.19.4.7 More than one course studied at the one time

Study time leave may be granted for more than one course at the same time provided that the two courses together do not impose an unreasonable load and the resulting attendance pattern is convenient to the agency. Regardless of the number of courses studied at one time, the maximum grant remains four hours per week.

6.19.4.8 Calculation of Study Time Leave Grant

See clause 86.2.3 of the Conditions Award.

Where there are block attendance requirements or field days, the grant is calculated by:

• totalling the attendance requirement, in hours, for the semester
• dividing the amount by two, and
• dividing this by the number of weeks in the semester that lectures are held.

The resultant amount, or four hours, whichever is the lesser, is the weekly amount granted.

6.19.4.9 Repeated subjects

Study time shall not be granted for repeated subjects

See subclause 86.14 of the Conditions Award.

6.19.4.10 Combining recreation or flex leave with study time

A half day of flex leave or a half day recreation leave may be combined with half day study time leave to cover a full day’s absence from duty, subject to agency convenience.

If an employee has less than a half day study time leave and wishes to be absent for a full day, they may take sufficient flex or recreation leave to enable them to be absent for the whole day.

6.19.4.11 Additional study leave

If an employee granted study time leave for an approved course of study is unable to accommodate necessary absences within the four hours allowed, and recreation leave, flex leave or leave without pay to cover the gap is not available or not chosen, the agency head may approve additional study time leave.

Any approved study leave in excess of four hours a week must be made up either in advance or in retrospect. If flexible working hours apply, the time must be made up in accordance with clause 21 of the Conditions Award.

6.19.4.12 Making up time

In all cases, the arrangement for making up additional study time leave must be negotiated with the agency. If such an arrangement is being negotiated, the following factors should be considered:

• the nature of the employee’s duties
• the needs of the workplace
• whether additional leave granted can be made up before the next grant, and
• the use of other forms of leave to offset the additional study leave when making it up is impractical.

6.19.4.13 Study time leave during bandwidth

Employees on flexible working hours may take study time leave at any time during the bandwidth, subject to negotiation with their agency. Employees working standard hours may take study time leave during their normal working hours.

6.19.4.14 Study time leave not taken at the approved time

In the event of a genuine personal emergency, study time for that week may be granted on another day during the same week.

See subclause 86.15 of the Conditions Award.

6.19.4.15 Use of study time leave

See subclauses 86.5, 86.11 and 86.15 of the Conditions Award

6.19.4.16 Accumulated study time leave

See subclauses 86.6 and 86.10 of the Conditions Award.

6.19.4.17 Accrual during other leave

Study time leave does not accrue during any other form of leave.

6.19.4.18 Courses requiring block attendance

Some courses require substantial block attendance to allow students to undertake compulsory practical work experience. If such attendance is compulsory, and the agency head is satisfied that the study program is of significant value to the agency, the Public Service and the employee, the agency head may grant a block of leave which is either additional to or instead of accumulated weekly leave, as set out below.

• Up to 10 days study time leave may be granted in addition to accumulated weekly leave, or
• Up to 20 days study time leave may be granted instead of accumulated weekly leave.

6.19.4.19 Study time leave granted for the whole course

In some circumstances, it may be more appropriate to grant an amount of study time leave for the whole course, which can then be taken according to the needs of the employee and agency convenience. In such cases, the average yearly study time leave taken should not be more than 10 or 20 days, as appropriate.

6.19.4.20 Courses involving research and thesis

Block periods of study time leave may be granted to employees for the research and thesis or major project preparation required for

• higher degrees;
• qualifying studies for admission to higher degrees; or
• honours studies.

These block periods may be granted on the following basis:

• When a course at any level involves a thesis or major project as well as coursework, the usual study time leave would be granted for the coursework, and 10 days study time leave for the thesis or major project preparation.
• For qualifying studies entirely by thesis, the grant is 10 days leave.
• For master’s degree studies by research and thesis only, the total grant is 25 days leave for courses of 2 years minimum duration, or 35 days leave for courses of 3 years or more minimum duration.
• For doctoral studies, the total grant for the course is 45 days leave.

6.19.4.21 Monitoring study time leave

Agencies should ensure:

• that employees granted study time leave have completed their enrolment;
• that employees are continuing with the course for which the leave is granted;
• that the employee’s attendance pattern is the most convenient for the agency (as well as for the employee) if there is a choice of attendance times; and additional study time leave, in excess of four hours per week, is made up.

6.19.4.22 Application

Employees who wish to apply for study time leave should formally notify the agency as early as possible. If study time leave is granted, employees should give the agency reasonable notice of the program for each year or semester and their proposed pattern of leave. This will allow any negotiations to be completed before the academic year or semester begins.

6.19.4.23 When an application is refused

If an agency decides to refuse an application for study time leave, it should ensure that:

• timely advice is given to the applicant to allow them to consider options;
• feedback is available to assist applicants in considering options;
• the reasons for refusal are clearly and promptly stated, in writing, to the applicant;
• the applicant is informed of their right to have the decision reviewed;
• if an internal review is requested, it is conducted independently and promptly, preferably through existing grievance mechanisms; and
• if the decision to refuse study time leave is later reversed, the agency head may decide to grant the study time leave applied for retrospectively: that is, to allow accumulation of study time leave for such a period, or re-credit other leave taken instead of study time leave.

Examination leave may be combined with other forms of leave, including flex leave, for the remainder of the day.

See subclauses 86.16, 86.17 and 86.18 of the Conditions Award.

See also “6-18.7 Special leave – examinations.

6.19.6.1 Applicability

The Minister (in the case of an agency head) and the agency head (in the case of other employees) may grant study leave for a program of study that in the Minister’s or the agency head’s opinion, is of strategic importance to the agency or to the Public Service.

The duration of the leave granted is at the discretion of the Minister or the agency head, having regard to the principles outlined in “6-20.7.5 Determining appreciable benefit of full time studies”

Leave may be granted on full pay, less than full pay, without pay, or a combination of these, at the Minister’s or the agency head’s discretion.

Leave under this provision is intended for situations when it is not appropriate to consider the employee as being on duty. It may be granted to employees undertaking intensive and competitive higher or superior degrees in administrative or executive programs offered by Australian or overseas institutions of international renown.

In the case of overseas study, the usual conditions governing overseas travel apply.

See “7-13 Overseas travelling allowances”.

6.19.7.1 Grant

See subclause 86.19 of the Conditions Award

6.19.7.2 Eligibility

See subclause 86.20 of the Conditions Award

6.19.7.3 Financial assistance

See subclause 86.21 of the Conditions Award

When determining whether financial assistance shall be provided to the employee, the agency head shall also consider the appreciable benefit of the studies to the agency.

6.19.7.4 Determining direct relevance of full time studies

Full time studies are considered directly relevant to the efficiency or effectiveness of the agency or the service when:

• the studies relate directly to the employee’s functions and are necessary to enable these to be carried out effectively, or
• the studies involve research, the results of which are likely to have a significant impact on the agency’s operations, or
• the employee would gain skills and knowledge which are in scarce supply and which are required by the agency, or
• the studies would enable the agency to carry out government programs of high priority, or
• the studies would assist the agency to meet EEO objectives or other special purposes of the agency or Public Service, and the skills and knowledge gained would directly contribute to improvements in effectiveness and efficiency.

6.19.7.5 Determining appreciable benefit of full time studies

Full time studies are considered to be of appreciable benefit to the efficiency or effectiveness of the agency or the service when:

• the studies relate to the employee’s likely future duties and are necessary to enable these to be carried out effectively; or
• the studies involve research, the results of which are likely to have an impact on the agency’s operations; or
• the employee would gain skills and knowledge which are required by the agency; or
• the studies would assist the agency to meet EEO objectives or other special purposes, and the skills and knowledge gained would contribute to improvements in effectiveness and efficiency.

6.19.7.6 No financial assistance available

Financial assistance should not be granted if the agency considers that:

• the studies proposed are neither directly relevant, nor of appreciable benefit to the effectiveness or efficiency of the agency or the service; or
• budgetary constraints preclude the grant of financial assistance; or
• while the studies proposed are relevant, a scholarship or award won by the applicant provides sufficient financial support.

6.19.7.7 Bonds

Not all periods of study leave with financial assistance will require a bond.

Bonds are generally restricted to substantial periods of study only. If required, a cost-to-the-State bond must be signed by the employee. Service under a bond is to be worked as follows:

• twice the period of study leave granted when financial - assistance is at the level of full-pay;
• the same period of study leave granted when financial assistance is at the level of half-pay; and
• a proportionate period of study leave granted when financial assistance is at less than half pay.

6.19.7.8 When service under bond is not completed

If the bonded service is not completed, the bond requires the employee to reimburse any financial assistance paid for the period of full time study leave as well as the value of any incremental progression or leave accrued during the leave period.

6.19.7.9 Leave accrual and increments

See subclause 86.22 of the Conditions Award

6.19.7.10 Superannuation

Employees embarking on full time study leave should obtain advice from their superannuation fund(s) about contributions they are required to meet during their leave. They must notify both their superannuation fund and NSW Treasury of their proposed leave and the arrangements that will be made for payment of contributions.

6.19.7.11 Monitoring study leave

Agencies should establish an appropriate reporting mechanism for each grant of study leave in order to ensure that the study remains relevant and that the skills and knowledge acquired will be applicable to the work of the agency.

6.19.7.12 Attendance at work

In some cases, it may be appropriate to require an employee to return to work during university vacations. Agencies should ensure that these arrangements allow the employee to take recreation leave.

See subclause 86.23 of the Conditions Award

6.19.9.1 Introduction

The following guidelines are provided to assist agencies in determining the conditions to apply when an employee undertakes an employee development or training program or activity. At all times agencies should be aware of the need for consistency in determining which of these conditions are applied.

6.19.9.2 Agency discretion

Attendance at an activity is at the discretion of the agency head and must be of benefit to the agency or the employee’s career development within the Public Service. It should preferably benefit both.

6.19.9.3 Definition

See subclause 85.1 of the Conditions Award

6.19.9.4 Exclusions from definition

See subclause 85.2 of the Conditions Award

6.19.9.5 Types of activities

See subclause 85.3 of the Conditions Award

For the purposes of subclause 85.3.1 (the Conditions Award) activities considered to be essential for the efficient operation of the agency include, but are not confined to, attendance of selected employees at training sessions on the operation of new office equipment, or attendance at a course that is directly related to their work and essential for the performance of their duties.

For the purposes of paragraph 85.3.2 (the Conditions Award) activities considered to be developmental and of benefit to the Public Service include activities which are developmental and serve to enhance the knowledge and skill of employees, being of benefit both in their work and in their career development.

They also have a consequential benefit for the agency or the Public Service. Most employee development and training courses run by agencies would be in this category.

6.19.9.6 Other training activities

An employee who wishes to attend an activity which the agency head decides does not satisfy “6-20.9.3 Definition”, may be granted flex leave, recreation leave, extended leave or leave without pay. The course fee or any other expenses must be paid by the employee.

6.19.9.7 Attendance on duty

See subclause 85.3 of the Conditions Award.

6.19.9.8 Provisions for activities considered essential to the agency

See subclause 85.4 of the Conditions Award.

Refer also “Chapter 7 Allowances”.

6.19.9.9 Provisions for activities considered of benefit to the Government

See also subclause 85.5 of the Conditions Award

6.19.9.10 Activities to be conducted during normal working hours

Under “6-20.9.8 Provisions for activities considered essential to the agency” and “6-20.9.9 Provisions for activities considered of benefit to the Government” (above), such activities would usually be held during normal working hours.

6.19.9.11 Employees attending compulsory training prior to appointment

The above conditions do not apply to employees who are required to complete compulsory training as a condition of substantive appointment to a position in the Public Service

6.19.9.12 Special leave

See subclause 85.6 of the Conditions Award

6.19.9.13 Higher duties allowance

See subclause 85.7 of the Conditions Award

See clauses 53 to 66 of the Conditions Award.

Except as specified in this Section, employees who are accredited trade union delegates, or who act as employee representatives, are to do so in their own time outside their normal working hours and at their own expense.

On duty means the time off with pay given by the agency to the accredited union delegate to enable the union delegate to carry out legitimate trade union activities during ordinary work hours without being required to lodge an application for leave. See also clause 53 of the Conditions Award.

On loan means an arrangement between the agency and the trade union whereby an employee is given leave of absence from the workplace to take up employment with the employee’s trade union for a specified period of time during which the trade union is required to reimburse the agency for the employee’s salary and associated on-costs.

See also clause 56 of the Conditions Award.

On special leave means the employee is required to apply for special leave in order to engage in an activity which attracts the grant of special leave as described in “6-18.2.1 Union activities” and “6-21.4.2 Special leave activities”.

See also clause 54 of the Conditions Award.

6.20.4.1 On duty activities

See clause 53 of the Conditions Award - Trade Union Activities Regarded as on Duty

6.20.4.2 Special leave activities

See clause 54 of the Conditions Award - Trade Union Activities regarded as Special Leave and clause 55 of the Conditions Award - Trade Union Training Courses

6.20.4.3 Training courses

See clause 55 (the Conditions Award) - Trade Union Training Courses

6.20.4.4 On loan arrangements

See clause 56 (the Conditions Award).

For financial arrangements when an employee is placed “on loan” to the Association, see subclause 56.1.6 (the Conditions Award).

6.20.4.5 Period of notice

See clause 57 (the Conditions Award)

6.20.4.6 Access to facilities

See clause 58 (the Conditions Award)

6.20.4.7 Responsibilities of the union delegate

See clause 59 (the Conditions Award).

6.20.4.8 Responsibilities of the trade union

See clause 60 (the Conditions Award)

6.20.4.9 Responsibilities of workplace management

See clause 61 (the Conditions Award)

6.20.4.10 Travelling and other costs

See clause 63 (the Conditions Award)

Refer also paragraph 61.1.3

6.20.5.1 General

The grant of special leave to engage in employee representative activities:

• is at agency convenience;
• must be confined to a minimum of number of employees;
• is for the minimum necessary period;
• is dependent on an application being made to the agency in advance;
• is payable at the base rate of pay (including, if appropriate, relevant allowances that would normally be paid on that day);
• is not to incur liability by the employing agency in fares, overtime, travelling compensation, travelling and sustenance allowances, meal money, and so on; and
• is not extended beyond the standard hours for the employee for that day.

See clause 54 (the Conditions Award) – Trade Union Activities Regarded as Special Leave and “6-18.2.1 Union activities”.

See also subclause 84.6 (the Conditions Award).

6.20.5.2 Availability

Special leave is available for the following purposes.

• Representatives of employee associations or of individual employees attending the Department of Premier and Cabinet.
• Local meetings between employee representatives and management.
• Attendance as a witness on behalf of employee associations or of employees before an industrial tribunal. Employees who attend as witnesses before industrial tribunals are granted special leave for such a period as is necessary for them to give evidence. They should return to duty as soon as their evidence has been given unless required by the Tribunal to remain in attendance.
• Conciliation committee members. Employees appointed as members of a Conciliation Committee or as alternate members under the provisions of the Industrial Relations Act 1996, may be granted special leave of absence during standard hours for the period they are engaged.

See clause 54 (the Conditions Award) – Trade Union Activities Regarded as Special Leave.

See “6-21.2 General”.

6.20.7.1 General

See clause 64 (the Conditions Award) – Industrial Action

The following provisions apply to employees absent from duty:

• attending stop work meetings;
• complying with a direction to strike; or
• supporting industrial action of other employee organisations.

The decision to participate in industrial action or a failure to report for work during such action rests with the individual.

6.20.7.2 Work to be made available for employees during industrial action

Work is to be available for all employees during any industrial action. If premises are to be closed for health, safety, security or other reasons, employees are to be informed of this action, and if practicable, are to be advised of work arrangements at an alternative location.

6.20.7.3 If alternative arrangements are not practicable

Employees who, in the opinion of the agency head, have made a reasonable attempt to report for duty but have been unable to enter the premises, are not to be regarded as being on an unauthorised absence.

6.20.7.4 Leave and increment provisions

Approved leave is any leave which was approved prior to the date of notification of the industrial action. This date is published by the Department of Premier and Cabinet for each service-wide dispute. Agencies may discuss with the Department the appropriate date when the dispute concerns a local industrial issue.

• Absences from work for which leave has not been approved, including all absences owing to industrial action are unauthorised.
• Unauthorised absences from work are not leave without pay and are not covered by any approved leave. Periods of unauthorised absence, including those which do not exceed 5 days in a period of 12 months, are not regarded as service for any purpose.
• Applications for sick leave and family and community service leave during the period of the industrial action are not to be approved: except that the agency head may exercise discretion to approve an application for sick leave or family and community service leave if satisfied that the absence is unrelated to the industrial action and is supported by acceptable evidence such as a medical certificate.

6.20.7.5 Calculations for periods of absence in respect of industrial action

6-21.7.5a Employees on flexible working hours – absences for part of a day

For employees engaged in industrial action for part of a day, any absence during core time is an unauthorised absence.

For employees on a mechanical recording system, keys are to be removed for the full duration of the absence.

For a lunchtime meeting, employees may avail themselves of the maximum 2½ hour luncheon period provided that they have ensured by consultation with the supervisor that the extension does not prevent the proper functioning of the Section to which they are attached.

See subclause 21.8 (the Conditions Award) - Flexible Working Hours

If an agency considers that by starting late before or ceasing work early after industrial action, employees are not genuine in their efforts to work productively for at least part of the day, the unauthorised absence is to be recorded as a full day, not just core time.

• The provisions regarding disruption of transport, as specified in clause 17 (the Conditions Award), will not apply.
• All other provisions of clause 21 of the Conditions Award continue to apply.

All unauthorised absences are recorded on employees’ flexible working hours records with the words unauthorised absence together with the actual times of absence.

6-21.7.5b Employees on standard working hours

If employees engage in industrial action for a full day or part of a day, any absence is regarded as unauthorised for the duration of that absence.

When employees engage in industrial action on a designated rostered day off (of a 19-day month working pattern) any absence is to be regarded as unauthorised unless the rostered day off had been arranged and approved prior to the date of notification of the industrial action.

No alteration is to be made to a rostered day off that will coincide with industrial action.

6.20.7.6 Recording absences

Agency heads are to ensure that adequate provision is made for the recording of the period of absence

6.20.7.7 Deductions

Payment is not to be made to employees for any unauthorised absence.

Deductions are to be made for any unauthorised absence as soon as possible, irrespective of whether the employee works flexible hours or standard hours.

In respect of a part of a day’s absence, a deduction is to be made of the number of hours and minutes involved, based on the hourly equivalent of either an annual salary or weekly wage.

In respect of a full day’s absence of an employee paid on a 5 day working week basis:

• for employees paid an annual salary (or weekly equivalent of an annual salary), a deduction of 1/5th of the weekly equivalent of annual salary is to be made; or
• for employees who receive a weekly wage, a deduction of 1/5th is to be made.

6.20.7.8 Exemption of employees from industrial action

Agency heads seeking to have their employees exempted by their respective Association(s) from participating in industrial action must approach the Association(s) directly.

Exemptions may need to be sought for each occasion of industrial action as it should not be presumed that exemptions obtained on one occasion will apply automatically on another. The Department of Premier and Cabinet is to be notified of all exemptions sought and obtained.

If no specific provisions exist for an employee to engage in Association or employee representative activities, application for recreation, extended, flex leave or leave without pay may be made.

Leave should not be unreasonably refused in such circumstances. If it is considered that an application for leave might be refused, the advice of the Department of Premier and Cabinet should be sought.

If shift systems operate, agencies should make every effort to roster employees, who are honorary officials representing employees or who are representing themselves or other employees, off duty at the time required to allow their attendance at meetings and similar activities.

Parades are held annually across NSW to acknowledge the service of Reservists.

Employees eligible to attend the parades who are rostered to work on the day the parade is to be held in their locality may apply for either a change in the roster for that day or for accrued leave.

Accrued leave includes flex leave, recreation leave or extended leave. Applications for either a change in roster or accrued leave are subject to their agency’s operational requirements. Agency heads are encouraged to release eligible employees to attend the parades where possible.

The parades occur on or close to the first weekend in July each year. Information on the parades including dates, starting times and meeting places can be found at the Reserve Forces Day Council website: http://www.rfd.org.au/

1. Appendix 6 A – Extended leave provisions applying before 1 April 1991
2. 6A-1 Calculation

6A-1.1 For Service between 5 years and 10 years

• On the completion of 5 years’ service the entitlement is 1 calendar month on full pay. 
• For each completed year in excess of 5 years the entitlement is 6 calendar days. 
• For each completed month of service after 5 years the entitlement is a half calendar day.

6A-1.2 For Service of 10 Years or More

On the completion of 10 years’ service, employees are eligible for 2 calendar months leave on full pay and for 15 calendar days for each completed year of service after 10 years – refer Table 5. Entitlements for portions of a year are detailed in Table 6.

Table 5 (Before 1.4.1991)

6A-2 When service includes periods of less than a completed year

When service includes periods of less than a completed year, leave accrues as follows:

Table 6 (Before 1.4.1991)

6A-3 Conversion of short periods of extended leave to whole months

When it is necessary to convert short periods of extended leave to whole months, the table below should be followed.

Table 7 Conversion to whole months

6A-4 Broken periods of service

For an employee who has had broken periods of service, including broken portions of a month. The total number of days is converted to a monthly equivalent using Table 11.

6A-5 Minimum period of leave to be granted

Extended leave is not granted for less than half a day, irrespective of whether it is on full or half pay.

6A-6 Extended leave grant based on calendar days; pay based on working days

Extended leave is granted on a calendar day basis. Unless leave is taken in complete weeks or months, all short periods of leave that do not include weekends and any public holiday falling during the period of leave are converted to the calendar day equivalent

6A-7 Extended leave conversion – working days to calendar days

6A-7.1 Method of Conversion

To convert leave taken from working days to calendar days, add the number of working days taken during the period in question then debit each aggregation of 5 working days as 7 days extended leave.

When leave is taken before and after a weekend, the actual number of calendar days in the period are debited. The same procedure is applied to long weekends and public holidays falling during a period of extended leave.

6A-7.2 Start and end of extended leave

Extended leave taken during service begins on the first working day after ceasing duty or the expiration of other paid leave, and ends on the day immediately before resuming duty, regardless of whether that day is or is not a working day.

6A-8 Calculation of monetary value on cessation of employment

When calculating the monetary value of extended leave to be paid on ceasing employment, extended leave is regarded as starting from the day immediately following ceasing duty or the expiration of other paid leave regardless of whether that day is or is not a working day.

Parades are held annually across NSW to acknowledge the service of Reservists.

Employees eligible to attend the parades who are rostered to work on the day the parade is to be held in their locality may apply for either a change in the roster for that day or for accrued leave.

Accrued leave includes flex leave, recreation leave or extended leave. Applications for either a change in roster or accrued leave are subject to their agency’s operational requirements. Agency heads are encouraged to release eligible employees to attend the parades where possible.

The parades occur on or close to the first weekend in July each year. Information on the parades including dates, starting times and meeting places can be found at the Reserve Forces Day Council website: http://www.rfd.org.au/

Appendix 6B: Cumulative sick leave entitlement up to 30 April 1998

Table 8 Cumulative sick leave entitlement up to 30 April 1988