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Leave Procedure

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Section 1 - Preamble

(1) This Procedure is effective from 02 September 2024.

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Section 2 - Purpose

(2) This Procedure provides information and sets out processes on:

  1. leave arrangements available to staff; and
  2. University holidays and Christmas close down period.
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Section 3 - Scope

(3) This Procedure documents Deakin's leave and public holiday arrangements but does not apply to casual professional staff or sessional academic staff, except where there is an express reference to casual or sessional staff entitlements.

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Section 4 - Policy

(4) This Procedure is pursuant to the Employment of Staff Policy.

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Section 5 - Procedure

(5) Staff members are provided with a range of leave entitlements, including:

  1. recreation leave
  2. personal leave (sick, carer’s and wellbeing leave)
  3. parental leave
  4. long service leave
  5. compassionate leave
  6. workers compensation leave and make-up pay
  7. volunteering leave
  8. arbitration leave
  9. trade union training leave
  10. leave without pay
  11. special paid leave
  12. domestic and family violence leave; and
  13. gender affirmation leave.

(6) The provisions for leave, University holidays and annual close down in late December and early January are prescribed in the Deakin University Enterprise Agreement 2023 (2023 EA) and in individual contracts of employment with additional provisions specified in this Procedure.

(7) Entitlements under the 2023 EA and this Procedure for a part-time staff member will be calculated on a pro-rata basis by reference to the staff member's ordinary hours of work unless otherwise stated.

(8) Staff must apply for leave via DeakinPeople, or the relevant Leave Application form, which must be submitted to the staff member's leader for approval.

(9) Where an application has been made via DeakinPeople and approved by the leader, leave credits will be automatically adjusted in DeakinPeople once the leave has been taken.

(10) For leave which cannot be applied for by a staff member via DeakinPeople (such as parental leave, leave without pay and other types of special or personal leave) a leave application form must be completed and approved by their leader.  Upon receipt of the form, People Services will process the request prior to commencement of leave (or as soon as practicable thereafter).

(11) If staff require any advice or support in applying for any type of leave, they should contact People Services.

(12) All approvals are subject to the provision of any required documentation and verification that the staff member has an entitlement to the claimed leave.

University Holidays and Christmas Close Down Period

(13) The University will recognise the following public holidays as University Holidays: New Year’s Day, Australia Day, Labour Day, Good Friday, Easter Saturday, Easter Monday, Easter Tuesday, ANZAC Day, King’s Birthday, AFL Grand Final Eve, Melbourne Cup Day, Christmas Day, Boxing Day and other gazetted public holidays in Melbourne.

(14) A staff member may request to substitute the Australia Day University Holiday for an alternative day in January of the same year. The staff member’s preferred substitute day must be taken on a day agreed to by their leader based on the operational requirements of the work area.

(15) A staff member who substitutes Australia Day for another day shall only receive their ordinary rate of pay for working on Australia Day.

(16) Where the University Holiday falls on a day where the staff member would be required to work, the staff member is entitled to be absent from work on that day without loss of pay.

(17) The University will also close for five working days in addition to the University Holidays which fall during the Christmas and New Year period. All continuing and fixed-term staff will receive five paid days’ leave (or pro-rata for part-time staff) during the specified University close down without deduction from their leave entitlements.

(18) If ANZAC Day, Christmas Day, Boxing Day or New Year’s Day falls on a weekend, the next available working day will be taken as a substitute University Holiday.

(19) If a staff member (except for casual professional or sessional academic staff) is required by their leader to work on a day(s) that falls within the specified University close down period, the staff member will be paid: 

  1. on any day that is not a University Holiday – their ordinary rate of pay for the hours worked. For the avoidance of doubt, that is in addition to the paid leave entitlement for the day set out in clause 57.6 in the 2023 EA; or
  2. on any day that is a University Holiday prescribed in clause 57.1 of the 2023 EA - overtime rates in accordance with clause 44.11 of the 2023 EA.

Recreation leave

(20) Continuing and fixed-term staff are entitled to 20 working days' recreation leave on full pay for each completed year of service (or pro-rata for part-time staff). Further information in relation to recreation leave entitlements are set out in clause 49.1 of the 2023 EA

(21) The dates for taking recreation leave need to be agreed between a leader and their staff member. An academic staff member wishing to take recreation leave during a teaching period will only be approved to take the leave where arrangements can be made to cover the teaching responsibilities of the academic staff member.

(22) If a staff member is granted recreation leave in advance by the Executive Director, Customer Experience or nominee, amounts beyond their entitlement at the date of termination of employment must be repaid to the University by the staff member.

Managing excessive recreation leave

(23) Staff are required and encouraged to take their recreation leave entitlements as leave on an annual basis. Staff who have a recreational leave balance of 20 days or more (or pro-rata for part-time staff) are considered to have an excess recreation leave balance. Processes for managing excess recreation leave are outlined in clause 49.3 of the 2023 EA.

Cashing out recreation leave

(24) Staff who wish to cash out recreation leave must speak with their leader in the first instance. An Application to cash out excess recreation leave will only be approved where the:

  1. staff member has a recreation leave balance of at least 30 days (or pro-rata for part-time staff); 
  2. amount of leave to be cashed out is at least 5 days (or pro-rata for part-time staff); 
  3. remaining balance after the cashed out amount (including future leave bookings) is at least 20 days (or pro-rata for part-time staff). 

(25) The request to cash out leave must be made in writing, must have the approval of the staff member’s leader and the Executive Director, Customer Experience or nominee.

(26) The staff member will be paid at least the full amount that would be payable had they taken the leave. 

Purchased leave

(27) Additional leave may be purchased by continuing staff and staff on fixed-term contracts greater than 12 months, in accordance with clause 50 of the 2023 EA, with key aspects and additional provisions specified below.

(28) Purchased leave not taken within the specified 12 month period will be refunded in the next available pay period following the cessation of the 12-month period. This payment is not superannuable.

(29) Purchased leave agreements will cease and purchased leave will be paid out where a staff member goes on parental leave during the 12-month period.

(30) At the conclusion of the 12-month period, the staff member will revert to their normal salary unless a further application under this clause is made.

Personal leave (sick, carers and wellbeing leave)

Sick leave

(31) Staff are entitled to 15 working days' sick leave (or pro-rata for part-time staff) on full pay for each completed year of service, accruing on a pro rata basis according to the ordinary hours worked. Sick leave accrues progressively each pay period and accumulates from year to year. Further information in relation to sick leave entitlements is set out in clause 51.1 of the 2023 EA, with additional provisions specified below.

(32) A year of service for the purpose of clause 51.1 of the 2023 EA is taken from the anniversary of the staff member's appointment, and may be adjusted to account for periods of leave that do not count as service (in accordance with clause 55 of the 2023 EA).

(33) All continuing or fixed-term staff employed after the commencement of the 2023 EA, who have insufficient sick leave to cover a period of absence may, only in their first year of employment, request up to a year’s entitlement of sick leave in advance. 

(34) To make this request, staff must seek the approval of the Executive Director, Customer Experience or nominee, through People Services and provide proof of illness or injury. In the event that a staff member’s employment ceases prior to returning to a positive balance the personal leave used but not accrued will be deducted from any final payment made to the staff member. 

Break in service

(35) A staff member who ceases employment with the University and is subsequently re-employed by the University after a period of no more than 12 months will be re-credited with any sick leave accumulated at the time prior to the break in service.

Unpaid sick leave

(36) A staff member who has exhausted their sick leave entitlement may be granted leave without pay to cover absences due to illness or injury, upon production of appropriate evidence unless clause 71 of the 2023 EA (Termination of Employment on the Grounds of Ill-Health) has commenced.

Wellbeing Days

(37) Pursuant to clause 51.1 of the 2023 EA, a staff member may utilise up to 2 days of their personal leave entitlement as a wellbeing day, per year of service. Wellbeing days should be submitted via Deakin People.

(38) While personal leave accrues annually, the 2 wellbeing days are only available for use within a staff member’s service year (i.e. from service date to service date). Wellbeing days do not carry over or accumulate from one year of service to the next. Wellbeing days should be submitted via DeakinPeople.

(39) A staff member must provide notice in advance of the absence and is subject to operational requirements of the work area. A leader can decline the request and suggest an alternate day for the staff member to take the wellbeing day.

Sick leave under WorkCover

(40) The absences of staff on WorkCover payments are not debited against sick leave credits. Sick leave may conditionally be used by staff awaiting decisions on WorkCover or TAC claims. Where such claims are accepted, staff members' normal sick leave entitlements are restored.

Carer's leave

(41) Staff are be able to access their accrued but untaken personal leave where they are required to provide care or support to a member for their immediate family (as defined in clause 73 of the 2023 EA) or household because of an illness or injury or unexpected emergency. 

(42) Staff, including casual professional and sessional academic staff, can take up to two days of unpaid carer’s leave for each occasion where they have exhausted their paid personal leave entitlement.

Parental leave

(43) The University provides parental leave for eligible staff in accordance with clause 52 of the 2023 EA. There are four types of leave:

  1. unpaid parental leave
  2. paid birth-related leave; 
  3. paid primary carer leave;
  4. paid partner leave.

(44) A staff member’s eligibility for parental leave, leave options and entitlements, notice and evidence requirements are set out in clause 52 of the 2023 EA. Additional information is also provided on the Deakin Parental Leave site.

(45) Regardless of gender, staff who become parents via domestic or international surrogacy arrangements are entitled to primary carer parental leave equivalent to that available to adoptive parents under clause 52 of the 2023 EA.

Unpaid parental leave

(46) Unpaid primary carer leave entitlements, including eligibility, conditions, notice and evidence requirements are set out in clause 52 of the 2023 EA.

(47) A staff member may elect to not utilise their unpaid parental leave for a period while their child remains in hospital after the child’s birth, or is hospitalised immediately after the child’s birth (including any gestational complications).

(48) A staff member will remain eligible for unpaid parental leave where they experience pregnancy loss, stillbirth after 20 weeks, or their child dies within the first 24 months of life.

Paid birth-related leave

(49) Paid birth-related leave entitlements, including eligibility and conditions, notice and evidence requirements are set out in clause 52 of the 2023 EA. The remaining period of birth-related leave will be unpaid unless the staff member is required to use or requests to use other accrued leave entitlements.

(50) A staff member will remain eligible for paid birth-related leave where they experience pregnancy loss, stillbirth after 20 weeks, or their child dies within the first 24 months of life.

Paid primary carer leave

(51) Paid primary carer leave entitlements, including eligibility and conditions, notice and evidence requirements are set out in clause 52 of the 2023 EA.

(52) For the avoidance of doubt, a staff member will still be entitled to access their full entitlement to paid primary carer leave, if they experience pregnancy loss or stillbirth after 20 weeks.

Other leave and public holidays during paid birth-related and paid primary carer leave

(53) Staff must take any period of paid birth-related or paid primary carer leave before taking any other form of paid leave entitlement.

(54) Staff on unpaid parental leave may use accrued recreation leave and long service leave credits in one block to cover any of the period of leave.  

(55) Staff on any period of unpaid parental leave who contracts an illness resulting from pregnancy or childbirth will, upon the submission of a medical certificate or statutory declaration, be entitled to use any sick leave credits and be paid for the period of such illness.

(56) Recreation leave, long service leave and sick leave will continue to accrue during any period of parental leave for a period of up to 26 weeks. Any period of parental leave in excess of 26 weeks, will not count as service and no leave entitlements will be accrued unless other forms of paid leave are taken during this period. A staff member’s service with the University will not be broken because of a period of parental leave.

(57) Staff on birth-related or primary carer leave (both paid and unpaid) will not be entitled to additional payment or leave for any University Holiday that falls during the period of their parental leave.

Notice and timing of birth-related leave

(58) The initial period of birth-related leave must commence no earlier than 20 weeks before the expected date of delivery and no later than the actual date of delivery.

(59) Where the staff member's date of delivery occurs earlier than the planned commencement date of birth-related leave, birth-related leave will automatically commence on the date of delivery of the staff member's child.

(60) To be eligible for paid birth-related leave a staff member must complete an Application for Parental Leave form. The staff member should contact People Services to discuss leave eligibility and options before submitting this to their leader at least four weeks prior to the date upon which the staff member proposes to commence leave. 

(61) The staff member must also as part of their application for paid birth-related leave make any request they wish to use four weeks of their paid birth-related or primary carer leave (whichever is applicable) as return to work leave. A request to convert four weeks to return to work leave needs to be indicated on the Application for Parental Leave form and submitted for approval to their leader. The leader is encouraged to support such an application, however they may suggest a variation or deny a request for return to work leave if:

  1. the staff member has excessive recreation leave (20 days or more, pro-rata for part-time staff); or
  2. the request cannot be accommodated for operational reasons. 

(62) A leader considering rejecting a request for return to work leave must first seek advice from People Services. 

(63) The leader must complete the Application for Parental Leave form and submit to People Services for approval. Upon receipt of the application form, People Services will send a confirmation of parental leave dates to the staff member.

(64) The Vice-Chancellor or nominee may waive the requirement for this notice to be provided four weeks in advance of taking birth-related leave in special circumstances.

(65) The Vice-Chancellor or nominee may direct a staff member to commence birth-related leave at any time within six weeks before the expected date of delivery, provided that:

  1. written notice of such a direction of at least fourteen working days will be given to the staff member; and
  2. the staff member will be entitled to remain on duty upon the submission of a certificate from a registered medical practitioner stating the staff member is fit to work.

(66) A staff member will be entitled to extend the period of birth-related leave provided that written notice of four weeks is given to the manager and the total period of leave is not in excess of the maximum aggregate period of 52 weeks.

(67) A request to reduce the period of paid birth-related leave originally requested by the staff member will be subject to approval by their Head of Organisational Unit and will be subject to operational requirements, including backfill arrangements.

Notice and timing of primary carer leave

(68) Paid primary carer leave must commence no earlier than the date of birth or placement of the child and no later than twelve months after the date or birth or placement.

(69) To be eligible for paid primary carer leave a staff member must advise their leader of their intention to take this leave at least four weeks prior to the date upon which they propose to commence leave (using the Application for Parental Leave form).

(70) Where a staff member applies for paid primary carer leave they will need to produce a statutory declaration from the staff member confirming that the staff member will be the only primary care giver for the period of the leave. Where a staff member is claiming the full entitlement to paid primary carer leave, the maximum period where the staff member and their partner can be on leave at the same time is six weeks. 

(71) Upon provision of the statutory declaration by the staff member to the leader, the leader will provide this and the Application for Parental Leave form to People Services. Upon receipt of these documents from the leader, People Services will send a confirmation of parental leave dates to the staff member.

Request to utilise paid parental leave entitlements as Return to Work Leave

(72) If granted, return to work leave is calculated on the basis of the time fraction the staff member was working prior to going on birth-related leave.

(73) Return to work leave must be taken within six months from the date the staff member returned to work. Any leave not taken will be forfeited.

Return to work following birth-related and primary carer leave

(74) A staff member will confirm their intention to return to work by providing written notice to their leader not less than four weeks prior to the expiration of the period of birth-related or primary carer leave granted in accordance with this Procedure.

(75) A staff member with an approved request for return to work leave (see clause 61 above) will be able to use their return to work leave to facilitate a graduated return to work, to be used for study leave, conference leave or other identified professional development activity identified in the staff member's DeakinAchieve Plan provided that such benefits do not incur fringe benefits tax for the University. The activity must be approved in advance by the staff member’s leader.  

(76) For an academic staff member returning from birth-related leave, the staff member's leader should also consider assigning a mentor to the staff member, to provide advice and guidance to assist the staff member to re-establish their academic activity. (See the Professional Development (Academic Staff) procedure for further information).

(77) Subject to the operational requirements of the area, the leader will also seek to support other flexible return to work arrangements for staff returning to work following a period of parental leave.

Partner leave

(78) Entitlements to paid partner leave are prescribed in clause 52.6 of the 2023 EA, with key aspects and additional provisions specified below.

(79) A staff member whose partner has given birth to a child, adopted a child or become a parent via domestic or international surrogacy but who is not entitled to primary carer leave (because they are not the primary carer of the child) will be entitled to paid leave for 20 working days within one week prior to the expected date of birth, or a period of three months after the date of birth of the child or the placement of the child.

(80) A staff member who receives paid partner leave may also access paid primary carer leave (less any period of paid partner leave) where they are going to be the primary carer of the child. 

(81) In addition to paid partner leave and paid primary carer leave, a staff member may also access the Federal Government funded Dad and Partner Pay. Where an eligible staff member wishes to access this payment, they must apply for leave without pay for up to two weeks as is required by the Government scheme. Further information including eligibility requirements can be found here.

(82) A staff member whose partner experiences pregnancy loss or stillbirth after 20 weeks can apply for special leave in accordance with clause 54.1(g) of the 2023 EA. Additional unpaid partner leave may be negotiated, where the partner is not the primary carer, if the pregnancy in which the staff member is taking partner leave results in multiple births or a child with a severe disability or illness.

(83) A staff member who has taken paid partner leave, may also access paid primary carer leave (less any period of paid partner leave) where they are going to be the primary carer of the same child.

General conditions applying to parental leave

(84) Additional unpaid leave may be negotiated if the staff member's pregnancy results in a multiple birth, or a child with a severe disability or illness.

(85) Where a staff member has primary responsibility for a child, periods of parental leave, including birth-related leave, paid primary carer leave and paid and unpaid partner leave, including extensions of leave, must be taken in a single and continuous period, however, a staff member may take up to 30 days of unpaid parental leave during the 24‐month period after the birth or placement of the child, as flexible unpaid parental leave.

(86) A staff member employed on a fixed-term contract which expires during a period of paid birth-related, primary carer, or partner leave will not be eligible for further leave after the date of expiry of the contract, unless they are re-employed on a continuing basis or on a further fixed-term contract. The provision of such leave will not be grounds for the termination of a contract or for a refusal by the University to offer re-employment.

Long service leave

(87) Long service leave entitlements are set out in clause 53 of the 2023 EA, with key aspects and additional provisions specified below.

(88) Full-time staff are entitled to 9.1 weeks of long service leave on full pay after seven years of service, accruing at 1.3 weeks for every additional year of service after that. Part-time staff will accrue long service leave on a pro-rata basis.

(89) In determining eligibility periods of leave relevant to accrual of long service, leave which counts as service should be considered as specified in clause 55 of the 2023 EA.

Taking long service leave

(90) Long service leave is normally taken at the time of accrual or at a later time, which is mutually agreed to by the staff member and University as per clause 53.4 of the 2023 EA. In some circumstances the leave may be postponed. In exceptional circumstances the Executive Director, Customer Experience or nominee may, at the request of the staff member, grant long service leave before the entitlement has accrued.

Payment of long service leave

(91) Long service leave is paid at the normal salary rate of the staff member, excluding overtime, shift or other penalty rates. The salary is paid in one of the following ways:

  1. on the normal pay days during the period of leave taken; or
  2. where requested by the staff member, in advance, on the pay day immediately preceding the date of commencement of the leave (the staff member must request this in advance) as per clause 25.6 of the 2023 EA.

Employment during long service leave

(92) Staff are not permitted to undertake any type of paid work for any organisation whilst on long service leave, including casual employment.

Periods of leave relevant to accrual of long service leave

(93) Service recognised from previous employers in accordance with the Recruitment of Staff Procedure, will count as service for the purpose of determining the staff member's entitlement to long service leave.

(94) Long service leave entitlements do not accrue during the following absences:

  1. any period of service for which payment in lieu of long service leave has been made by a previous employer; and/or
  2. any period of service subsequent to the date from which a pension is payable under the provisions of the Superannuation Guarantee (Administration) Act 1992 other pension schemes as may apply where the staff member retires on the grounds of age or ill-health.

Other leave

(95) Fixed-term and continuing staff are entitled to the following other leave provisions. Leave for part-time staff is on a pro-rata basis as prescribed in clause 54 of the 2023 EA

Blood donor leave

(96) Staff are entitled to one visit per month at full pay. Leave should be as close as possible to the beginning or end of the staff member's normal working hours and should be on a day that best supports the operational requirements of the staff member's work area and by mutual agreement with the leader.

(97) Notice of intended absence must be given by the staff member to their leader and proof of attendance is required. Staff can book blood donor leave via DeakinPeople.

Court and Tribunal leave 

(98) Staff are entitled to Court and Tribunal leave as per clause 54.1(b) of the 2023 EA when they are required to attend a court or tribunal.

(99) Instances where Court and Tribunal leave can be taken is when the staff member is required to attend a court or tribunal for jury service (including jury selection), after being subpoenaed as a Crown witness, after being subpoenaed to give evidence on a matter that directly relates to their employment or upon being summonsed to appear in proceedings under the Fair Work Act 2009 (Cth) or regulation made under that Act.

(100) Notice and evidence of the required absence must be given by the staff member to their leader as soon as the staff member is aware of the expected dates of absence.  An example of such evidence is a written communication from the court or tribunal. To apply for this type of leave, staff must complete the Other Leave Form.

Defence Force leave

(101) Defence Force leave (14 days) will be for the purpose of attending an annual training camp in any one calendar year and is in addition to any other accrued leave as per clause 54.1(c) in the 2023 EA. Defence Force leave is not cumulative and cannot be carried over to the following year. 

(102) The nominated Australian Defence Reserve Forces (ADRF) Unit point of contact may be contacted by the staff member's leader to discuss possible alternative dates when the absence of a staff member may cause significant difficulties to meet operational requirements.

(103) Eligible staff should, at the start of each working year, inform their Head of Organisation Unit of their anticipated ADRF service commitment for the next 6-12 months, even when specific dates are unknown. Once specific dates are available, staff should notify their Head of Organisational Unit at the earliest practicable opportunity and complete the Other Leave Form.

(104) For all periods of ADRF service, which are not specified in the 2023 EA, a staff member may elect to apply for:

  1. recreational leave
  2. long service leave
  3. leave without pay
  4. a combination of the above to cover the required period of Defence service.

Compassionate leave

(105) On the death, serious illness or serious injury of a staff member’s immediate family or household (including the stillbirth of an immediate family member), the staff member is entitled to 5 days (regardless of the staff member’s time fraction) of compassionate leave as per clause 54.1(d) of the 2023 EA. Sessional academic and casual professional staff members are entitled to 3 days of unpaid leave per occasion.

(106) The staff member is required to submit the relevant documentation to support their request to their leader in a timely manner. In special circumstances, the Executive Director, Customer Experience (as the Vice-Chancellor’s nominee), may grant further paid leave. Staff can book compassionate leave via DeakinPeople.

Emergency Service leave

(107) A staff member who engages in a Voluntary Emergency Management Activity is entitled to full pay for the duration of the activity as per clause 54.1(e) of the 2023 EA with supporting evidence from the relevant authority for the specified date range.

(108) To apply for this type of leave, staff must complete the Other Leave Form.

Sporting leave

(109) Staff are entitled to full pay when they are participating as a competitor or an accredited official in Olympic/Paralympic or Commonwealth Games. All other activities will be unpaid, unless the Vice-Chancellor determines otherwise. As per clause 54.1(f) of the 2023 EA, leave will be for the period of the actual competition, together with reasonable travel time to and from the competition venue, and will not exceed four weeks in the aggregate in any year of service unless approval is given by the Vice-Chancellor.

(110) To apply for this type of leave, staff must complete the Other Leave Form.

Special leave

(111) As the Vice-Chancellor's nominee, the Executive Director, Customer Experience may grant a period of paid or unpaid leave at their discretion to a staff member who is experiencing difficult personal circumstances. 

(112) Where a staff member wishes to apply for special leave they must apply in writing, with support from their Head of Organisational Unit to the Executive Director, Customer Experience or nominee stating the reasons they are seeking special leave. Special paid leave will only be granted in exceptional circumstances. The Executive Director, Customer Experience or nominee will consider the request and advise the staff member of their decision.

(113) Examples of exceptional circumstances include, but are not limited to:

  1. a staff member who experiences a pregnancy loss before 20 weeks;
  2. a staff member who has insufficient personal leave and becomes very unwell; or
  3. a staff member who needs to respond to, or is impacted by a natural disaster.
This is not an exhaustive list, and approval for special leave remains at the Executive Director, Customer Experience or nominee’s discretion.

Family and Domestic Violence leave

(114) The University recognises that some staff may sometimes experience situations of violence or abuse in their personal life that may affect their attendance or performance at work and the University is committed to providing support for such staff.

(115) A staff member, including a casual professional or sessional academic staff member, who is a victim of family or domestic violence is entitled to 10 days of paid leave in accordance with this Procedure and clause 54.1(h) of the 2023 EA. Further information in relation to leave arrangements and the support measures available to staff are set out in the Family Violence (Staff Support) procedure.

(116) A staff member who has applied for family and domestic violence leave may still be able to apply for special leave as needed, pursuant to clause 54.1(g) of the 2023 EA

Cultural leave

(117) Staff that identify as Aboriginal or Torres Strait Islander are entitled to 10 days of paid cultural leave per year as per clause 54.1(i) of the 2023 EA. Leave does not accumulate from year to year and is not paid out on termination of employment. Staff can book cultural leave via DeakinPeople.

Religious purposes leave

(118) Staff are entitled to up to three days of unpaid leave per calendar year for the purpose of observance of religious occasions as per clause 54.1(j) of the 2023 EA. Supporting evidence may be required for each request.

(119) To apply for this type of leave, staff must complete the Other Leave Form.

Partner travel leave

(120) On approval by the leader or Head of Organisational Unit, a Professional staff member may be entitled to unpaid leave if their partner is employed by the University and is required to travel for business purposes as per clause 54.1(k) of the 2023 EA. Recreation or long service leave may also be used where an accrued balance is available on approval from their leader.

Contesting elections leave

(121) Staff may be entitled to a period of unpaid leave between the close of nominations and the declaration of the ballot at Parliamentary elections as per clause 54.1(l) of the 2023 EA. Recreation or long service leave may also be used where an accrued balance is available on approval from their leader. Supporting documentation may be required. 

Arbitration leave

(122) Entitlements to arbitration leave are prescribed in clause 54.1(m) of the 2023 EA with additional provisions specified below.

(123) Staff requesting such leave, must be submit their request in writing to their relevant Head of Organisational Unit for approval and on approval, the request is forwarded to People Services for processing.

Trade union training leave

(124) Staff may be entitled to five days of trade union leave in accordance with clause 54.1(n) of the 2023 EA for the purposes of the staff member attending trade union training courses or seminars, subject to the operational requirements of the University. 

(125) A staff member must submit a request via DeakinPeople to their leader for approval.

Infectious diseases leave

(126) Staff may be entitled to full pay for the period of absence as per clause 54.1(o) of the 2023 EA where they contract an infectious disease classified as notifiable to the Victorian Department of Health and Human Services or are required by a medical practitioner to remain isolated due to contact with a person that has a notifiable infectious disease. 

(127) A medical certificate is to be provided to the leader including the estimated period of isolation as soon as reasonably practicable.

Repatriation leave

(128) Staff may be entitled up to 15 days repatriation leave as per clause 54.1(p) of the 2023 EA where illnesses has been certified by the Department of Veteran Affairs and is directly resulted from their war service.

Gender affirmation leave

(129) The University recognises that some staff may require leave to undertake a gender affirmation or to define their gender identity.

(130) All continuing and fixed-term staff can access 30 days of paid leave to be used at the staff member’s discretion. This is a one-off leave allocation. Further information on support available to staff can be found on the Gender Affirmation at Deakin page.

(131) To apply for this type of leave, staff must complete the Other Leave Form.

Workers’ compensation leave and make-up pay

(132) Entitlements to workers compensation leave and make-up pay are prescribed in clause 56 of the 2023 EA with additional provisions specified below.

(133) Staff may use sick leave credits to cover any absence relating to the injury, providing this sick leave is not used concurrently with leave under this clause.

(134) For further information in relation to leave and make-up pay a staff member or leader should contact a Consultant, People Solutions (Wellbeing) in People and Culture.

Volunteering leave

(135) All continuing and fixed-term staff can access one day (7.35 hours) of volunteering leave per calendar year. Volunteering leave is not pro rata for part-time staff.

(136) Volunteering leave is not cumulative and cannot be carried over to the following year. 

(137) Following discussion with their leader, a staff member may submit a request for volunteering leave via DeakinPeople. Further information can be found on the Volunteering leave opportunities site.

Leave without pay

Entitlement

(138) Leave without pay is a period of approved unpaid leave from the University.

(139) A staff member who is eligible to access Federal Government funded Dad and Partner Pay is entitled to up to two weeks of leave without pay and is not required to have exhausted their paid leave credits.

(140) In all other circumstances, leave without pay will only be approved if the operations of the area will not be disrupted by the leave being granted and where the staff member has no other paid leave credits.

(141) A leader can approve a staff member’s leave without pay for periods of up to four weeks. Leave without pay in excess of four weeks must be approved by a Head of Organisational Unit. Following approval by their leader or Head of Organisational area the staff member must provide their approved leave without pay form to People Services.

(142) Only in exceptional circumstances, and with the prior approval of the Executive Director, Customer Experience or nominee, will a staff member be allowed to take leave without pay while they have other paid leave credits available.

(143) Leave without pay will not normally be granted for a period in excess of two years. A period of leave without pay in excess of two years may only be granted at the discretion of the Executive Director, Customer Experience or nominee in consultation with the relevant Head of Organisational Unit.

(144) Staff are not entitled to undertake any type of paid work for the University whilst on leave without pay, including casual employment.

Salary Increments while on leave without pay

(145) Where leave without pay is granted to a staff member for a period in excess of six months, the continuation of salary increments is subject to approval by the Executive Director, Customer Experience or nominee.

(146) Consideration for such approval will take into account the purpose for which the leave is to be used, and whether the leave furthers professional objectives and is in the interests of the University. If the leave is for a purpose other than professional, and is in excess of six months, increments will not normally be granted during that period.

(147) Increments will be resumed at the next increment date occurring after the expiry of the leave period.

Leave without pay and Academic Study Leave/Program

(148) For academic staff, a period of leave without pay or secondment will not normally be recognised for the purposes of calculating eligibility for the Academic Study Program (ASP). A period of leave without pay may be recognised for the purposes of ASP on the basis of national or international advantage to the University; however accrual would, at most, be at half the normal rate. Accrual of ASP entitlements is not permitted in cases where a staff member on leave without pay is not formally employed but voluntarily undertakes duties in teaching and research.

(149) Attendance at conferences is different to ASP. Further information in relation to conference attendance can be found in the Research Conference Attendance (Academic Staff) procedure.

Superannuation while on leave without pay

(150) Prior to going on leave without pay, staff should contact People Services to ascertain the conditions under which superannuation contributions are maintained during their period of leave without pay.

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Section 6 - Definitions

(151) For the purpose of this Procedure:

  1. partner: a person who (regardless of sex or gender) lives in a relationship as a couple with another person on a genuine domestic basis. The definition also includes a former spouse or de facto partner of the staff member.