HR_POL04_Leave_Policy

LEAVE POLICY

Purpose

ORAFOL Australia offers a range of employee leave in recognition that the wellbeing and professional development of our employees impacts favourably on business performance. The purpose of this policy is to outline the types of leave available to employees as part of their employment conditions.

* Annual Leave * Compassionate Leave
* Personal Leave * Time off in lieu policy (TOIL)
* Long Service Leave * Leave without Pay
* Parental Leave * Military Leave
* Community Services Leave * Domestic Violence Leave

Scope

When it comes to leave entitlements ORAFOL Australia complies with Fair Work Australia as specified in the National Employment Standards (NES). This policy covers all Australian based staff employed by ORAFOL Australia.

Full time, part time and fixed term employees are eligible for all leave types under this policy. Casual employees will only be eligible for long service leave and unpaid parental leave. These conditions will apply unless otherwise stated on your employment agreement.

If you are in a contracted position of limited duration not all leave entitlements may be applicable or they may differ in some way. Please refer to your individual employment contract and seek further clarification from your immediate Line Manager or HR as required.

Policy

(i) Annual Leave

For full time positions annual leave accrues at a standard rate of 20 days for every 12 months of service. This is pro-rated for part time positions unless stated otherwise in your contract.

Employees are encouraged to take their 20 days accrued leave each year to ensure work life balance with no more than 6 weeks of annual leave to be accrued.

Application Procedure:

Leave Payout:

Company Shut Down

Over the Christmas / New Year period the workplace may close for a mandatory shutdown period. An employee may be required to take the days that are not public holidays as annual leave.

If an employee does not have enough leave to cover the shutdown period then this leave will be unpaid, unless an industry or occupation-based award permits negative leave over this shutdown period.

Any award specific queries should be directed to the HR Manager.

Public Holidays

Your entitlement to public holidays is in accordance with the NES, unless stated in your individual contract of employment.

(ii) Personal Leave

For full time positions personal leave accrues at a standard rate of 10 days for every 12 months of service. This is pro-rated for part time positions unless stated otherwise in your contract.

Any unused personal leave balances will accumulate and roll over each year.

Employees may take personal leave as either a. sick leave or b. carers leave.

a. Sick Leave
Sick Leave may only be taken due to personal injury or illness.

A scheduled / routine doctor’s appointment should be taken as annual leave, not sick / personal leave.

Sick Leave can be taken as follows:

b. Carers Leave

Carers Leave is available so that an employee may provide care or support for a member of their immediate family or household who is ill or injured, or for an unexpected emergency. An immediate family member is considered to be a grandparent, parent, partner, sibling, child or grandchild and an immediate member of the household is considered to be someone who is living with the employee

An employee is entitled to take up to 10 days of Personal Leave as Carer’s Leave per year. A further two days unpaid carers leave per occasion is available for employees if they have no paid carers leave available (either because they have not accrued enough or have already used their 10 days for the year).

Casual employees are also entitled to two days of unpaid carers leave per occasion.

Notice:
Employees are required to let their employer know as soon as possible if they cannot work and are taking sick or carers leave. This should be no later than 1 hour before your usual start time.

Notification must be made to your Line Manager over the phone in the first instance or another Manager if the former is unavailable. Text messages are not accepted as a notification method.

Employees will also need to let their employer know how much time they expect to take off.

Application Procedure:

Evidence:

An employer can ask an employee to give them proof to verify the reason for taking personal or carers leave. An employee is not entitled to the leave if the employer asks them for evidence and the employee does not provide evidence that would ‘satisfy a reasonable person’.

A medical certificate or statutory declaration is generally considered an acceptable form of evidence.

Management may ask for evidence following two (2) or more days of absence as well as absences that occur prior to or following a weekend or given day off i.e. public holiday, annual leave day.

HR or Line Managers may also request a medical certificate at their discretion at any time.

NOTE: If an employee does not provide their employer with notice, or does not apply or provide evidence as required, they may not qualify for said leave and therefore may forfeit payment for leave.

(iii) Long Service Leave

Employees will be entitled to Long Service Leave as per the legislation for the state in which they are based.

These balances will automatically be added to Cloud Payroll at the time of qualification.

Application Procedure:

Leave Payout:

 

(iv) Parental Leave

Refer to the Parental Leave Policy POL04a.

(v) Compassionate Leave

Paid compassionate leave of two (2) days per incident is available in the event of a serious illness or  death of a near relative. This covers a partner (including de facto), parent, sibling, child or parent-in-law, or someone to whom you are the primary care giver. Individual circumstances may be taken into consideration at the discretion of your Line Manager for situations that fall outside the above provisions.

An employee may be required to provide evidence of the situation.

Casual employees are entitled to two (2) days unpaid compassionate leave for each occasion.

Application Procedure:

(vi) Time Off In Lieu (TOIL)

ORAFOL Australia generally does not make use of TOIL however ORAFOL Australia may grant time in lieu to an employee in exceptional circumstances.
Application Procedure:

(vii) Leave Without Pay

Management has the discretion to approve leave without pay that an employee is not otherwise entitled to.

(viii) Military Leave

ORAFOL Australia is committed to supporting employees that are members of the Australian Defence Force. Members of the Reserves will be entitled to two (2) weeks of Military Leave. The employee will be paid by ORAFOL Australia for this two-week period.
Application Procedure:

(ix) Community Service Leave

Community Service Leave provides employees with a right to be absent from work to engage in prescribed community service activities, such as emergency service duties and jury service.

Employees, including casual employees, are entitled to be absent from work for the purpose of
performing activities such as:

Application Procedure:
An employee requesting an absence from employment must provide their Line Manager and HR with:

ORAFOL Australia may require an employee, who has given notice of taking community service leave, to provide evidence that would satisfy a reasonable person that the employee is entitled to the leave.

Community Service Leave, under the NES, is unpaid except in relation to jury service where an employee (other than a casual) is entitled to ‘make-up pay’ for the first ten (10) days that the employee is absent (excluding any expense-related allowances) and the employee’s base rate of pay is set as the ordinary hours they would have worked.

(x) Domestic Violence Leave

From 1 August 2018 modern awards will be varied to give employees access to 5 days of unpaid family and domestic violence leave each year. It is not accrued and therefore available ‘in full’ at the start of each 12 months of employment.

The leave can be taken by employees to deal with the impact of family and domestic violence and is accessible where:

  1. An employee is experiencing family and domestic violence;
  2.  An employee needs to do something to deal with the impact of the family and domestic violence; and
  3.  It is impractical for the employee to do that thing outside their ordinary hours of work

This includes, but isn’t limited to, taking time to:

This entitlement applies to all employees (including casuals) who are covered by an industry or occupation-based award.
Application Procedure:

You can find more information about domestic and family violence leave and who it applies to at:

fairwork.gov.au

Confidential information, counselling and support for people impacted by domestic and family violence is available at:
www.1800respect.org.au