Part 3 - Leave Entitlements

3.1 Statement of Intent

Treasury and its employees agree that the principles recorded in this part will be supported by guidelines and other supporting documents, including the Human Resources Manual of Employment Conditions that will assist in maintaining and administering this part. The guidelines and other supporting documentation will not be inconsistent with this Agreement and this Agreement will prevail to the extent of any inconsistency.
Treasury and its employees agree that all forms of leave must be applied for and approved by the Secretary or a manager as determined in this part. Approvals for leave apart from personal leave, carer's leave, compassionate leave and parental leave may be subject to Treasury's operational requirements.

3.2 Annual Leave

The guidelines that relate to annual leave will support the following core conditions:
1. Annual leave will accrue at a rate of twenty (20) days per year for a full-time employee and on a pro-rata basis for part-time employees.
2. Annual leave is cumulative and accrues on a pro-rata basis.
3. Annual leave will be credited monthly and will be available for use as it accrues.
4. Any periods of leave not to count as service for more than thirty (30) days in aggregate over a period of one year will not count towards accrual of annual leave.
5. Annual leave may be taken at half pay.
6. If an employee has been credited more than sixty (60) days of annual leave, the employee is to reach an agreement with their manager on a reasonable time period for taking up to a quarter of the credited annual leave.
7. An employee may make a written agreement with their Manager to cash out a particular amount of annual leave, provided that after cash out the employee's remaining entitlement to annual leave is 20 days or more. The employee will be paid the full amount that would have been payable had the employee taken the leave that has been foregone. Cash out of annual leave is subject to conditions in guidelines.
8. Untaken annual leave will be paid out to the employee if the employment relationship ends, using the employee's base salary to calculate the payment.
Employees in receipt of compensation under the Safety, Rehabilitation and Compensation Act 1988 for more than forty five (45) weeks will cease to accrue annual leave. Employees who are on a graduated return to work program and who have received compensation for a total of forty five (45) weeks will accrue annual leave credits on a pro-rata basis for hours actually worked.

3.3 Personal Leave

Personal leave may be used when an employee is ill or injured and is unable to attend for duty, or under the conditions described in clause 3.4 (carer's leave).
The guidelines that relate to personal leave will support the following core principles:
1. Full-time employees will have a paid personal leave entitlement of fifteen (15) days per year. Part-time employees, other than casual employees, will accrue personal leave on a pro-rata basis. Personal leave credits are cumulative.
2. Ongoing employees will accrue annual personal leave credits in advance. The annual accrual date will be deferred by periods of leave not to count as service of more than thirty (30) days in aggregate over the previous year.
3. Non-ongoing employees will accrue four (4) days personal leave after one month of service and one (1) day for each month thereafter. Credits will be reduced by any amounts of leave not to count as service.
4. Any unused personal leave entitlement will not be paid out on separation from Treasury.
5. Personal leave may be taken at half pay for absences of at least one day.
6. An employee will provide a medical certificate or, where it is not practical to provide a medical certificate, a statutory declaration or other supporting evidence acceptable to his/her manager in the following circumstances:
  1. When the employee is or will be absent on personal leave for three (3) or more consecutive working days, unless the manager informs the employee that such evidence will not be required.
  2. If the manager has reason to believe that the employee's absence is not consistent with the appropriate use of personal leave.
An employee who takes large or frequent periods of personal leave may be directed to attend a medical examination under guidelines on fitness for continued duty, to determine whether continued personal leave is justified.
Where an employee's entitlement to personal leave is exhausted, the General Manager, Human Resources may approve additional leave as paid, unpaid or half pay leave and may determine conditions under which the leave will apply.
Employees in receipt of compensation under the Safety, Rehabilitation and Compensation Act 1988 for more than forty five (45) weeks will cease to accrue personal leave after forty five (45) weeks. Employees who are on a graduated return to work program and who have received compensation for a total of forty five (45) weeks will accrue personal leave credits on a pro-rata basis for hours actually worked.

3.4 Carer's Leave

An employee may apply to use their accumulated personal leave to care for sick family, household members, or a person for whom they have caring responsibility. This leave will be called carer's leave.
The guidelines that relate to carer's leave will support the following principles:
1. Carer's leave is provided primarily for circumstances that require an employee to be absent in order to care for a person described in this subclause who is ill or injured and who is in need of care or where there is an unexpected emergency affecting the person.
2. Employees with long-term or regular caring responsibilities may apply for carer's leave under the terms above, when their existing arrangements fail.
3. The use of carer's leave is subject to the same conditions as use of personal leave for illness in respect of provision of medical certificates or statutory declarations.
4. Carer's leave with pay will count as service for all purposes.
If the employee has exhausted his or her entitlement to paid personal leave, the employee may take up to two (2) days unpaid carer's leave each time a member of the employee's family or household requires care or support because of a personal illness or injury of the member, or an unexpected emergency affecting the member.

3.5 Purchased Leave

Treasury and its employees agree that ongoing employees may elect to purchase up to twenty (20) days leave in a year, with deductions from fortnightly salary in equal instalments over the course of the year or a lesser period if agreed between the employee and his/her manager.

3.6 Sabbatical Leave

Treasury and its employees agree that the option to purchase leave on a larger scale will enable employees to take long periods of sabbatical leave. Without limiting the scope of this option, employees may purchase up to one (1) year's leave.

3.7 Compassionate Leave

An employee may take two (2) or three (3) days' paid compassionate leave each time a member of the employee's family or household or a person for whom the employee has a close personal relationship: contracts or develops a personal illness that poses a serious threat to his or her life; sustains a personal injury that poses a serious threat to his or her life; or dies.
Managers may grant up to three (3) days' additional paid miscellaneous leave on each occasion of the death of a member of an employee's family, where the employee has responsibilities including funeral arrangements, executor duties or administrative estate duties.
Paid compassionate leave will count as service for all purposes.

3.8 Parenting Leave

An employee is entitled to maternity leave in accordance with the Maternity Leave (Commonwealth Employees) Act 1973.
An employee may take an additional four (4) weeks paid leave continuous with an entitlement to paid maternity leave under the Maternity Leave (Commonwealth Employees) Act 1973, which will be administered for all purposes as if it were paid maternity leave under subclause (1).
An employee is entitled to ten (10) days paid leave at or close to the time their spouse or partner gives birth to a child.
An employee is entitled to take leave granted under this clause at half pay. Any such period of leave in excess of sixteen (16) weeks will not count as service for any purpose.

3.9 Adoption Leave

An ongoing employee who has twelve (12) continuous months of APS service is entitled to sixteen (16) weeks paid leave for the purposes of adopting a child.
Following adoption approval, an employee who is the primary carer of the child is entitled to sixteen (16) weeks of paid adoption leave where:
1. the adoptive child is under school age on the day of placement; and
2. the adoptive child did not previously live with the employee for a period of six (6) months or more before the day of placement; and
3. the adoptive child is not a child or step-child of the employee or the employee's partner, unless that child had not been in the custody and care of the employee or the employee's partner for a significant period of time.
Documentary evidence of approval for adoption must be submitted to the Secretary when applying for adoption leave.
Adoption leave is available from one (1) week prior to the date of placement of a child. Adoption leave must be taken as a single, unbroken period.
An employee is unable to access personal leave while on paid adoption leave.
An employee may take leave granted under this subclause at half pay. Any adoption leave in excess of sixteen (16) weeks does not count as service for any purpose.

3.10 Foster Care Leave

An ongoing employee who has twelve (12) continuous months of APS service and has enduring parental responsibilities under formal fostering arrangements, may access up to five (5) days paid foster care leave in a calendar year.
Documentary evidence of enduring parental responsibilities under formal fostering arrangements must be submitted to the Secretary when applying for foster care leave.

3.11 Long Service Leave

An employee is eligible for long service leave in accordance with the Long Service Leave (Commonwealth Employees) Act 1976.
The minimum period during which long service leave can be taken is seven calendar days (at full or half pay). Long service leave cannot be broken with other periods of leave, except as otherwise provided by legislation.

3.12 Defence Reservists Leave

An employee may be granted leave by their manager (with or without pay) to enable the employee to fulfil Australian Defence Force (ADF) Reserve and Continuous Full Time Service (CFTS) or Cadet Force obligations. Note: The entitlement to leave for Reserve Service is prescribed under the Defence Reserve Service (Protection Act 2001).
An employee is entitled to ADF Reserve leave with pay, for up to four weeks during each financial year for the purpose of fulfilling service in the ADF Reserve. These purposes include training and operational duty as required.
1. During the employee's first year of ADF Reserve service, a further two weeks paid leave may be granted to facilitate participation in additional ADF Reserve training, including induction requirements.
2. With the exception of the additional two weeks in the first year of service, leave can be accumulated and taken over a period of two years, to enable the employee to undertake training as a member of the ADF Reserves.
3. Employees are not required to pay their tax free ADF Reserve salary to the Agency in any circumstances.
Defence Reserve leave counts as service for all purposes, except for unpaid leave to undertake Continuous Full Time Service (CFTS). Unpaid leave for the purpose of CFTS counts for all purposes except Annual leave.
Eligible employees may also apply for Annual leave, long service leave, leave without pay, or they may use flextime for the purpose of fulfilling ADF Reserve, CFTS or Cadet Force obligations.
Employees are to notify their manager at the earliest opportunity once the dates for ADF Reserve, CFTS or Cadet Force activities are known and/or changed.

3.13 Miscellaneous Leave

The Secretary may grant leave not provided for elsewhere to an employee for a purpose that the Secretary considers to be in the interests of Treasury and the Commonwealth, having regard to operational requirements.
The purposes for which leave may be granted include:
1. parental leave;
2. study leave;
3. ceremonial leave;
4. leave for Emergency Services Duty;
5. leave for community or charity work;
6. leave for jury service;
7. leave to donate blood;
8. leave to attend as a witness;
9. leave to participate as a competitor or official in international sporting events;
10. leave for other special circumstances such as graduation ceremonies, moving house and emergencies; and
11. other types of leave not provided for elsewhere.
Treasury and its employees agree that guidelines will clarify which leave is with or without pay, and state what effect leave without pay (LWOP) will have on an employee's entitlements.
It is acknowledged that leave for the purposes of part-time study, emergency service and leave for other special circumstances, is currently granted to employees with pay where leave is approved.
Miscellaneous leave may be granted for the period requested or another period, with or without pay and may be subject to conditions as determined by the Secretary.
When an employee is granted LWOP, the Secretary will determine whether the period of LWOP counts as service for purposes of annual and personal leave entitlements.

3.14 Unauthorised Absence

Where an employee is absent from duty and the period of absence was not authorised, all pay and other benefits provided under this Agreement (such as flextime) will cease to be available until the employee resumes duty or is granted leave.
Any period of unauthorised absence does not count as service for any purpose.

3.15 Payment in Lieu of Leave Entitlements on Death of Employee

Where an employee dies, or is presumed to have died on a particular date, the General Manager, Human Resources may authorise payment to be made to dependants, the partner of the former employee or the former employee's legal representative of all leave entitlements otherwise payable on resignation or retirement.

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