Leave

Leave for Leaders

Taking leave either for great reasons like holidays or sad reasons like bereavement or illness, is a common occurrence in a work relationship. You need to know and understand leave options, and apply them fairly and openly, within your contractual obligations, any policies you have in place, and well within the laws surrounding employment.

There are a variety of leave types available. These include –

Annual Leave

Annual leave is also known as ‘holiday leave’.

It is set as a component of the National Employment Standards, and also in some awards. All full-time and part-time employees are entitled to four weeks of annual leave.

Annual Leave accrues from the first day of employment, even when a person is on probation.

You may give your employees more than four weeks Annual Leave, as either a component of their individual contract, or as part of a collective agreement.

You can direct employees to take leave with reasonable notice, and as long as you take into account any special circumstances.

You can also notify all employees that your business shuts down for set periods each year (eg, over Christmas) and that all employees use annual leave to cover this shut down period.

You should also keep an eye on employee who accrue excessive annual leave. This is unhealthy for your business (as one person never hands over information to any other person) and for the person themselves (as a break for work is an important part of managing wellness). 

Best source of more information is from Fair Work via this link – http://www.fairwork.gov.au/leave/annual-leave

Sick and Carer’s Leave

Sick and Carer’s Leave is also known as ‘personal leave’.

It is set within the National Employment Standards.

Sick Leave is used when an employee is sick or injured.

Carer’s Leave can be used for caring responsibilities and family emergencies, but is deducted from Personal Leave Balance.

There is an entitlement to paid Sick and Carer’s Leave but employees can also take unpaid carer’s leave to deal with caring for a family member who is sick.

There is a list of family relationships that can be applied for “Carer’s Leave”, and you can also extend this list within your own policies, contracts and collective agreements.

Unless a person is abusing your generosity, which is very rare, you can also take this situation on a case-by-case basis, as many close relationships are not defined in the list, but may be individually very important to an employee.   

Best source of more information is from Fair Work via this link –

http://www.fairwork.gov.au/leave/sick-and-carers-leave

Compassionate Leave

Compassionate or bereavement leave can be taken when an employee’s immediate family or household dies or suffers from a life-threatening illness or injury.

There is a list of family relationships that can be applied to Compassionate and Bereavement Leave, and you can extend this list with your own policies, contracts and collective agreements.

All employees are entitled to two days compassionate leave each time an immediate family member ides of suffers from a life-threatening illness of injury.

Unless a person is abusing your generosity, which is incredibly rare, you can also take this situation on a case-by-case basis, as many close relationships are not defined in the list, but may be individually very important to an employee. Barring the rare exception of a person who abuses this entitlement, its good practice to be kind around this area.   

Best source of more information is from Fair Work via this link –

http://www.fairwork.gov.au/leave/compassionate-and-bereavement-leave

Maternity Leave and Parental Leave

Parental leave applies when an employee has a baby or adopts a child.

It is quite a complicated leave entitlement, and each case can have a slightly different application based on their unique context or circumstances.

At a minimum, the primary care-giver is entitled to leave, and the partner is entitled to unpaid leave. 

We suggest you review the Fair Work website link to ensure you’re applying this leave correctly.

http://www.fairwork.gov.au/leave/maternity-and-parental-leave

It is recommended that you have a good policy on leave within your business.

Given the complexities, we recommend two –

  1. Leave Policy
  2. Maternity and Parental Leave Policy


Both are available in the policies section.

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Attached Files
# File Type File Size Download
1 .pdf 77.38 KB mwah. Contracts – Leave Form – Editable
2 .pdf 59.92 KB mwah. Contracts – Leave Form

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