(1) This Procedure is effective from 20 November 2020. (2) This Procedure provides information and sets out processes on: (3) This Procedure documents Deakin's leave and public holiday arrangements but does not apply to casual staff, except where there is an express reference to casual staff entitlements. (4) This Procedure is pursuant to the Flexible Work Arrangements policy. (5) Staff members are provided with a range of leave entitlements, including: (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 2017 (EA) and in individual contracts of employment with additional provisions specified in this Procedure. (7) Entitlements under the 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. (8) Staff must apply for leave via DeakinPeople, or a Leave Application form, which must be submitted to the staff member's supervisor for approval. (9) Where an application has been made via DeakinPeople and approved by the supervisor, 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 supervisor and then forwarded to their HR Adviser in the Human Resources Division (HRD) for processing 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 their HR Adviser, HRD. (12) All approvals are subject to the provision of appropriate documentation (such as a medical certificate) and verification that the staff member has an entitlement to the claimed leave. (13) The University will recognise the following public holidays as University Holidays: New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Easter Tuesday, ANZAC Day, Christmas Day and Boxing Day. (14) The University will recognise any other gazetted public holidays in Melbourne other than Labour Day, Queen’s Birthday and Melbourne Cup Day in accordance with clause 57 of the EA. (15) 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. (16) 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 in substitution for working on Labour Day, Queen’s Birthday and Melbourne Cup Day, which will be taken during the specified University close down. In addition, Professional staff members will receive one additional day's recreation leave. (17) 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. (18) Where a staff member has not worked on Labour Day, Queen’s Birthday or Melbourne Cup their recreation leave will be deducted on a pro-rata basis to cover the University close down period. (19) If a staff member has worked on Labour Day, Queen’s Birthday or Melbourne Cup Day and their employment ends before 24 December in any year, the staff member will be paid in lieu for the day or days worked. (20) If a staff member (except for casual staff) is required by their supervisor or manager to work on a day(s) that falls within the specified University close down period, the staff member will be paid: (21) 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 EA. (22) The dates for taking recreation leave need to be agreed between the University and the 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. (23) If a staff member is granted recreation leave in advance by the Executive Director, Human Resources, amounts beyond their entitlement at the date of termination of employment must be repaid to the University by the staff member. (24) 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 EA. (25) Staff who wishes to cash out recreation leave must speak with their supervisor in the first instance. A request to cash out excess recreation leave will only be approved where the: (26) The request to cash out leave must be made in writing, must have the approval of the supervisor and the Executive Director, Human Resources. (27) The staff member will be paid at least the full amount that would be payable had they taken the leave. (28) 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 EA, with key aspects and additional provisions specified below. (29) 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. (30) 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. (31) 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. (32) 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 from 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 EA, with additional provisions specified below. (33) A year of service for the purpose of clause 51.1 of the 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 EA). (34) All continuing or fixed-term staff employed after the commencement of the 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. (35) To make this request, staff must seek the approval of the Executive Director, Human Resources, through their HR Adviser, Human Resources Division 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. (36) 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. (37) 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 EA (Termination of Employment on the Grounds of Ill-Health) has commenced. (38) 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. (39) 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 the EA, clause 72) or household because of an illness or injury or unexpected emergency. (40) Staff, including casual staff, can take up to two days of unpaid carer’s leave for each occasion where they have exhausted their paid personal leave entitlement. (41) The University provides parental leave for eligible staff in accordance with clause 52 of the EA. There are four types of leave: (42) A staff member’s eligibility for parental leave, any entitlement, notice and evidence requirements are all set out in clause 52 of the EA. (43) Paid birth-related leave entitlements, including eligibility, conditions, notice and evidence requirements are set out in clause 52 of the 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. (44) Paid primary carer leave entitlements, including eligibility, conditions, notice and evidence requirements are set out in clause 52 of the EA. Regardless of gender, staff who become parents via domestic or international surrogacy arrangements are entitled to primary carer leave equivalent to that available to adoptive parents under clause 52 of the EA. (45) Staff must take any period of paid birth-related or paid primary carer leave before taking any other form of paid leave entitlement. (46) 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. (47) 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. (48) 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. (49) 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. However, where a staff member commences their birth-related or primary carer leave prior to the Christmas close down and they have worked Labour Day, Queen's Birthday and/or Melbourne Cup Day in the same calendar year, additional recreation leave at the rate of 1.6 days for each day worked will be credited to their recreation leave balance at the start of the following year. (50) 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. (51) 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. (52) To be eligible for paid birth-related leave a staff member must complete an Application for Parental Leave form. The staff member should contact their HR Adviser, Human Resources Division to discuss leave eligibility and options before submitting this to their supervisor at least four weeks prior to the date upon which the staff member proposes to commence leave. (53) 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 supervisor. The supervisor may deny a request for return to work leave on the following grounds: (54) The supervisor must provide the application form to their HR Adviser, Human Resources Division for approval. Upon receipt of the application form, the HRD will send a confirmation of parental leave dates to the staff member. (55) 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. (56) 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: (57) 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. (58) 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. (59) Paid primary carer leave must commence no earlier than the date of birth or placement of the child and no later than three months after the date or birth or placement. (60) To be eligible for paid primary carer leave a staff member must advise their supervisor 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). (61) Where a staff member applies for paid primary carer leave they will need to produce a birth or placement certificate (whichever is applicable) and 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. (62) Upon provision of the birth or placement certificate and the statutory declaration by the staff member to the supervisor, the supervisor will provide this and the Application for Parental Leave form to their HR Adviser, Human Resources Division. Upon receipt of these documents from the supervisor, the HR Adviser,HRD will send a confirmation of parental leave dates to the staff member. (63) 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. (64) 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. (65) A staff member will confirm their intention to return to work by providing written notice to their supervisor 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. (66) A staff member with an approved request for return to work leave (see clause 53 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 supervisor. (67) For an academic staff member returning from birth-related leave, the staff member's supervisor 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). (68) Subject to the operational requirements of the area, supervisors will also seek to support other flexible return to work arrangements for staff returning to work following a period of parental leave. (69) Entitlements to paid partner leave are prescribed in clause 52.6 of the EA, with key aspects and additional provisions specified below. (70) 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 10 working days within a period of three months after the date of birth of the child or the placement of the child. (71) 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. (72) 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. (73) A staff member who has taken paid birth-related, or paid primary carer will not be eligible for partner leave in respect of the same child. (74) 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. (75) Where a staff member has primary responsibility for a child, periods of parental leave, including birth-related leave, paid primary carer leave, paid and unpaid partner leave including extensions of leave must be taken in a single and continuous period. (76) 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. (77) Long service leave entitlements are set out in clause 53 of the EA, with key aspects and additional provisions specified below. (78) 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. (79) 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 EA. (80) 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 EA. In some circumstances the leave may be postponed. In exceptional circumstances the Executive Director, Human Resources or nominee may, at the request of the staff member, grant long service leave before the entitlement has accrued. (81) 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: (82) Staff are not permitted to undertake any type of paid work for any organisation whilst on long service leave, including casual employment. (83) 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. (84) Long service leave entitlements do not accrue during the following absences: (85) 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 EA. (86) 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 supervisor. (87) Notice of intended absence must be given by the staff member to their supervisor and proof of attendance is required. (88) Staff are entitled to Court and Tribunal leave as per clause 54.1(b) of the EA when they are required to attend a court or tribunal for jury service. (89) Notice and evidence of the required absence must be given by the staff member to their supervisor 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. (90) 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 EA. Defence Force leave is not cumulative and cannot be carried over to the following year. (91) The nominated Australian Defence Reserve Forces(ADRF) Unit point of contact may be contacted by the staff member's supervisor to discuss possible alternative dates when the absence of a staff member may cause significant difficulties to meet operational requirements. (92) 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. (93) For all periods of ADRF service, which are not specified in the EA, a staff member may elect to apply for: (94) On the death, serious illness or serious injury of a staff member’s immediate family or household, the staff member is entitled to 3 days of compassionate leave as per clause 54.1(d) of the EA. (95) The staff member is required to submit the relevant documentation to support their request to their supervisor in a timely manner. In special circumstances, the Executive Director, Human Resources (as the Vice-Chancellor’s nominee), may grant further paid leave. (96) 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 EA with supporting evidence from the relevant authority for the specified date range. (97) Staff are entitled to full pay when they are participating as a competitor or an accredited official in Olympic or Commonwealth Games. All other activities will be unpaid, unless the Vice-Chancellor determines otherwise. As per clause 54.1(f) of the 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. (98) As the Vice-Chancellor's nominee, the Executive Director, Human Resources may grant a period of paid or unpaid leave at their discretion to a staff member who is experiencing difficult personal circumstances. (99) 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, Human Resources stating the reasons they are seeking special leave. Special paid leave will only be granted in exceptional circumstances. The Executive Director, Human Resources will consider the request and advise the staff member of their decision. (100) 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. (101) A staff member who is a victim of domestic or family violence is entitled to special paid leave in accordance with this procedure and clause 54.1(h) of the EA. Further information in relation to the support available to staff can be found in the Domestic and Family Violence (Staff Support) procedure. (102) The University recognises that some staff may require leave to undertake a gender affirmation or to define their gender identity. (103) All continuing and fixed-term staff can access 10 days paid leave to be used at the staff member’s discretion. This is a one-off leave allocation. (104) Staff are encouraged to contact Diversity and Inclusion via lgbtiq@deakin.edu.au or to submit a Staff Gender Affirmation Plan form in order to access this leave. Further information in relation to support available to staff can be found in the Gender Affirmation procedure. (105) Staff that identify as Aboriginal or Torres Strait Islander are entitled to five days of paid leave per year as per clause 54.1(i) of the EA. Leave does not accumulate from year to year and is not paid out on termination of employment. (106) Staff are entitled to up to three days unpaid leave per calendar year for the purpose of observance of religious occasions as per clause 54.1(j) of the EA. Supporting evidence may be required for each request. (107) On approval by the supervisor 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 EA. Recreation or long service leave may also be used where an accrued balance is available on approval from their supervisor. (108) 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 EA. Recreation or long service leave may also be used where an accrued balance is available on approval from their supervisor. Supporting documentation may be required. (109) Entitlements to arbitration leave are prescribed in clause 54.1(m) of the EA with additional provisions specified below. (110) 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 the relevant HR Adviser for processing. (111) Staff may be entitled to five days of trade union leave in accordance with clause 54.1(n) of the EA for the purposes of the staff member attending trade union training courses or seminars, subject to the operational requirements of the University. (112) A staff member must submit a request via DeakinPeople to their supervisor for approval. (113) Staff may be entitled to full pay for the period of absence as per clause 54.1(o) of the 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. (114) A medical certificate is to be provided to the supervisor including the estimated period of isolation as soon as reasonably practicable. (115) Staff may be entitled to repatriation leave as per clause 54.1(p) of the EA where illnesses has been certified by the Department of Veteran Affairs and is directly resulted from their war service. (116) Entitlements to workers compensation leave and make-up pay are prescribed in clause 56 of the EA with additional provisions specified below. (117) 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. (118) For further information in relation to leave and make-up pay a staff member or a manager should contact a HR Consultant in the Health, Wellbeing and Safety team, HRD. (119) 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. (120) Volunteering leave is not cumulative and cannot be carried over to the following year. (121) Following discussion with their supervisor, a staff member may submit a request for volunteering leave via DeakinPeople. Further information can be found on the Volunteering leave @ Deakin website. (122) Leave without pay is a period of approved unpaid leave from the University. (123) 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. (124) A supervisor 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 supervisor or Head of Organisational area the staff member must provide their approved leave without pay form to their HR Adviser, Human Resources Division. (125) Only in exceptional circumstances, and with the prior approval of the Executive Director, Human Resources, will a staff member be allowed to take leave without pay while they have other paid leave credits available. (126) 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, Human Resources in consultation with the relevant Head of Organisational Unit. (127) Staff are not entitled to undertake any type of paid work for the University whilst on leave without pay, including casual employment. (128) 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, Human Resources. (129) 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. (130) Increments will be resumed at the next increment date occurring after the expiry of the leave period. (131) 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. (132) Attendance at conferences is different to ASP and is not considered a form of leave. Further information in relation to conference attendance can be found in the Research Conference Attendance (Academic Staff) procedure. (133) Prior to going on leave without pay, staff should contact their HR Adviser, Human Resources Division to ascertain the conditions under which superannuation contributions are maintained during their period of leave without pay. (134) For the purpose of this Procedure:Leave and Public Holidays procedure
Section 1 - Preamble
Section 2 - Purpose
Top of PageSection 3 - Scope
Section 4 - Policy
Section 5 - Procedure
University Holidays and Christmas close down period
Recreation leave
Managing excessive recreation leave
Cashing out recreation leave
Purchased leave
Personal leave (sick and carer’s leave)
Sick leave
Break in service
Unpaid sick leave
Sick leave under WorkCover
Carer's leave
Parental leave
Paid birth-related leave
Paid primary carer leave
Other leave and public holidays during paid birth-related and paid primary carer leave
Notice and timing of birth-related leave
Notice and timing of primary carer leave
Request to utilise paid parental leave entitlements as Return to Work Leave
Return to work following birth-related and primary carer leave
Partner leave
General conditions applying to parental leave
Long service leave
Taking long service leave
Payment of long service leave
Employment during long service leave
Periods of leave relevant to accrual of long service leave
Other leave
Blood donor leave
Court and Tribunal leave
Defence Force leave
Compassionate leave
Emergency Service leave
Sporting leave
Special leave
Domestic and family violence leave
Gender affirmation leave
Ceremonial leave
Religious purposes leave
Partner travel leave
Contesting elections leave
Arbitration leave
Trade union training leave
Infectious diseases leave
Repatriation leave
Workers compensation leave and make-up pay
Volunteering leave
Leave without pay
Entitlement
Salary Increments while on leave without pay
Leave without pay and Academic Study Leave/Program
Superannuation while on leave without pay
Section 6 - Definitions
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A supervisor considering rejecting a request for return to work leave must first seek advice from the HRD.