• Leave

    91. General leave provisions

     

    Applications for leave

    91.1

    Employees are required to apply for leave. In all cases of planned leave such application should be forwarded to the employee's manager. The employee must ensure that the leave has been approved before that leave is taken.

       

    91.2

    Where on a particular day an employee wants to utilise unplanned leave, they are required to notify a manager within one hour of the scheduled starting time or, if this is not possible, as soon as practicable, which may be before the scheduled starting time.

       

    91.3

    In all cases of unplanned leave applications must be forwarded to the manager as soon as practicable after returning to work.

     

    Portability of leave

    91.4

    Where an employee moves (including on promotion or for an agreed period) from another agency where they were an ongoing APS employee, the employee's unused accrued Annual Leave and Personal Leave (however described) will be recognised, provided there is no break in continuity of service.

       

    91.5

    Where an employee is engaged as either an ongoing or non-ongoing APS employee immediately following a period of ongoing employment in the Parliamentary Service or the ACT Government Service, the employee's unused accrued Annual Leave and Personal Leave (however described) will be recognised.

       

    91.6

    If these employees have half-pay Personal Leave credits, they will be converted to full-pay credits on a two half-pay to one- full-pay exchange.

       

    91.7

    For the purposes of this clause:

    a. 'APS employee' has the same meaning as the Public Service Act 1999.

    b. 'Parliamentary Service' refers to employment under the Parliamentary Service Act 1999.

       
     

    Expenses on cancellation of leave

    91.8

    An employee recalled to duty from leave or who has leave cancelled, shall be paid for:

    a. any non-refundable deposits and advance fares in respect of the employee and dependants;

    b. non-refundable rent paid for accommodation not utilised; and

    c. other incidental expenses incurred as a result.

    92. Annual Leave

     

    Accrual

    92.1

    Employees will be entitled to 147 hours leave on full pay for a complete year of employment, plus any credits for remote locality service or shift worker credit, if applicable.

       

    92.2

    Annual Leave will be credited pro rata on the first day of each month. Unused credits will accumulate.

       

    92.3

    Credits will be expressed as the total number of hours and minutes of leave available and leave will be debited as it is taken.

       

    92.4

    Leave credits will be reduced on a pro rata basis, for the total LWOP taken, if more than 30 calendar days LWOP not to count as service was taken in the calendar year.

       
     

    Salary during Annual Leave

    92.5

    The salary paid to an employee while they are on Annual Leave will be the salary paid as if the employee was continuing on duty.

       
     

    Additional credit for shift workers

    92.6

    Shift workers who are regularly rostered to work on Sundays and Public Holidays will accrue 0.5 of a day extra Annual Leave, to a maximum of 5 days in a calendar year, for each occasion their rostered shift falls on a Sunday.

       

    92.7

    A part time employee is only entitled to the extra leave if their shift pattern:

    a. involves regular rostered duty on Sundays and public holidays; and

    b. involves working at least five shifts per week or the average number of shifts worked by a full-time employee.

       
     

    Direction to take leave

    92.8

    The parties to this Agreement recognise the benefits of employees taking regular Annual Leave.

       

    92.9.1

    An employee may be required to take annual leave if their Annual Leave credits exceed 367.5 hours.

       

    92.9.2

    Where an employee is required to take Annual Leave under sub clause 92.9.1 the amount they will be required to take will be one fifth of their Annual Leave credit.

       
     

    Payment for unused leave on separation or in the event of death

    92.10

    An employee who ceases employment with the APS for any reason is entitled to payment in lieu of any unused Annual Leave credits. Such unused Annual Leave credits will include any pro rata part month entitlements not yet credited.

    For the purpose of this clause only, an employee will not be taken to have ceased employment with the APS where they have been engaged to commence as an ongoing employee with the ATO on the next working day after cessation as a non-ongoing employee.

       

    92.11

    If an employee dies, the payment for unused annual leave is to be made to the employee's estate or legal personal representative.

       

    92.12

    Payment will be calculated on the salary received on the day of separation or death.

       
     

    Short term absences

    92.13

    Employees are encouraged to use Flex Leave or flexible working arrangements to take time off work for periods of one day or less.

       
     

    Cashing out of annual leave

    92.14

    An employee may choose to cash out one or two weeks of Annual Leave credit subject to the following:

    a. the employee must apply to cash out Annual Leave in writing;

    b. the employee can only cash out Annual Leave once in any twelve month period;

    c. at the time that the cash out occurs the employee must take at least one week of Annual Leave; and

    d. following the taking of the Annual Leave and the cash out the employee's remaining accrued entitlement to paid Annual Leave must be at least 4 weeks.

    93. Purchased Leave scheme

    93.1

    Employees may acquire an additional one, two, three or four weeks' paid leave each year (based on 36 hours and 45 minutes per week for full time employees) in return for a pro rata reduction in their annual salary (excluding allowances), before any adjustment for a salary packaging arrangement.

       

    93.2

    Directors may approve an employee's request to purchase more than 4 weeks paid leave each year (up to a total of eight whole weeks). The approval of the additional leave will be subject to an agreement on when this additional leave can be taken.

       

    93.3

    Purchased Leave will count as service for all purposes.

       

    93.4

    Approval of applications to utilise Purchased Leave will be subject to operational requirements.

       

    93.5

    Once a period of Purchased Leave has been approved, it will not be rescinded by the ATO unless exceptional circumstances arise.

       

    93.6

    The minimum period of Purchased Leave that can be taken will be one day.

       

    93.7

    Purchased Leave must be taken within two years of its accrual. If leave is not taken in that time, the balance of such leave credits will be paid out at the salary rate that was applicable to the employee on the last day of the actual year of accrual.

       

    93.8

    An employee who ceases employment with the ATO for any reason will receive payment in lieu of any unused Purchased Leave credits.

    94. Long Service Leave

    94.1

    An employee is eligible for Long Service Leave in accordance with the Long Service Leave (Commonwealth Employees) Act 1976.

       

    94.2

    The minimum period during which Long Service Leave can be taken is seven calendar days (at full or half pay). Except as otherwise provided by legislation or this Agreement, Long Service Leave can only be broken by attendance at work.

       

    94.3

    Long Service Leave accrual will be deferred by the whole period of leave without pay if more than 30 calendar days leave without pay not counting as service has been taken in a calendar year.

    95. Sabbatical Leave

    95.1

    The Commissioner may approve an application from an ongoing employee to work for a four year period followed by a one year sabbatical leave period.

       

    95.2

    An employee whose sabbatical leave application is approved receives one years' Sabbatical Leave by agreeing to forgo 20% of their eligible salary on each payday in each of the four years immediately prior to going on one years' sabbatical leave.

       

    95.3

    During the sabbatical year employees will be paid an amount equivalent to the amounts forgone from salary for the previous four years, in equal fortnightly instalments.

       

    95.4

    Should an employee cease employment with the ATO or otherwise leave the scheme, the ATO will pay the employee the balance of any amounts forgone during the four year period.

       

    95.5

    Sabbatical Leave does not count as service for any purpose.

    96. Assistance with holiday care program costs

    96.1

    Where an employee with school children is formally restricted by their manager from taking Annual Leave, Purchased Leave or Long Service Leave during school holidays, ATO will pay $19.08 (and $19.46 from 21 June 2012, $19.65 from 3 January 2013, and $20.04 from 20 June 2013), per day towards the cost of each school child enrolled in an accredited school holiday program, up to a maximum of $155 (and $158 from 21 June 2012, $160 from 3 January 2013, and $163 from 20 June 2013), per family per week.

       

    96.2

    An accredited program is a program:

    a. approved by the Department of Families, Housing Community Services and Indigenous Affairs under its 'Outside School Hours Care' program; and/or

    b. approved and/or subsidised by a State, Territory or Local Government.

       

    96.3

    Non-ongoing employees will only be eligible for the subsidy if they will be employed by the ATO for a period of at least 12 months.

       

    96.4

    The subsidy will apply only on the days when the employee is at work.

       

    96.5

    The subsidy will be paid regardless of the length of time the child is in the program each day, but it cannot exceed the actual cost incurred.

       

    96.6

    An employee whose spouse or partner receives a similar benefit from their employer is not eligible for the subsidy.

    97. Personal Leave

    97.1

    Employees will be able to access Personal Leave as follows:

    a. Personal Leave for sick purposes (Personal Leave - Sick) taken by an employee because of a personal illness, or injury, of the employee; or

    b. Personal Leave for caring purposes (Personal Leave - Carer's) taken by an employee to provide care or support to:

     

    i. a member of the employee's immediate family; or

    ii. a member of the employee's household; or

    iii. another person for whom the employee has a caring responsibility;

    who requires care or support because of:

       

    a. a personal illness, or injury, of the member; or

    b. an unexpected emergency affecting the member.

       
     

    Accrual

    97.2

    Employees who were general employees in the ATO at the commencement of this Agreement will get a credit of 124 hours and 57 minutes Personal Leave on full pay on the anniversary of their engagement.

       

    97.3

    Employees who were EL2 employees in the ATO at the commencement of this Agreement will get a credit of 147 hours Personal Leave on full pay on the anniversary of their engagement that occurs prior to 1 July 2012. For each anniversary on or after 1 July 2012 they will be credited with 124 hours and 57 minutes.

       

    97.4

    Employees who are engaged with the ATO after the commencement of this Agreement on full time hours will have an annual entitlement of Personal Leave of 124 hours and 57 minutes which will accrue in the following way:

    a. On the date of engagement, a credit of 36 hours and 45 minutes of Personal Leave and on each annual anniversary of their engagement, and

    b. On the date of engagement and each month thereafter on their monthly anniversary date, a credit of 7 hours and 21 minutes.

       

    97.5

    Employees who move to the ATO from another APS agency after the commencement of this Agreement will be credited with Personal Leave on the basis of clause 97.4 except that their anniversary date for monthly and annual credit will be based on the anniversary date the employee brings with them from their previous agency.

       

    97.6

    Any leave credits accrued and not used will remain part of an employee's Personal Leave credit.

       
     

    Part time employees

    97.7

    Leave accrued will be pro rata, based on the specified hours of the employee at the Personal Leave anniversary and monthly accrual date as appropriate.

       
     

    Advancement of credit

    97.8

    An employee who accrues Personal Leave as per clause 97.4 or 97.5 and who has exhausted their accrued paid Personal Leave credits, may be advanced some or all of the remainder of their annual entitlement for the year:

    a. where a minimum of 1 day Personal Leave is required, and

    b. on production of acceptable documentation.

       
     

    Deferral of credit dates

    97.9

    An employee's anniversary and monthly accrual dates will be deferred by the whole period of leave without pay if more than 30 calendar days leave without pay not to count as service has been taken since the employee's last annual anniversary date. The dates so determined become the employee's anniversary and accrual dates for the purpose of this clause.

       
     

    Maximum period of Personal Leave without documentation

    97.10

    For general employees, approval may be given for an employee to have paid Personal Leave - Sick and/or Personal Leave - Carer's for a maximum total of eight days each year, without the employee having to provide satisfactory documentation. For the purpose of this clause, eight days will be 1.6 times the average weekly hours at the employee's last Personal Leave annual anniversary date and a year is the period between anniversary dates.

       

    97.11

    For general employees, Personal Leave may only be approved for a maximum of 3 consecutive working days if an employee is unable to provide satisfactory documentation.

       

    97.12

    For EL2 employees, the Commissioner may require satisfactory evidence before approval is given for an EL2 employee to take personal leave or to continue on leave.

       
     

    Maximum period of Personal Leave - Carer's

    97.13

    The maximum continuous period of paid Personal Leave - Carer's to care for a member of an employee's immediate family or household is the employee's available personal leave credits.

       

    97.14

    The maximum continuous period of paid Personal Leave - Carer's to care for a person for whom the employee has caring responsibilities (but who is not a member of the immediate family or household) ("another person") is two weeks unless the employee has accessed ten days of Personal Leave - Carer's in the employee's Personal Leave year.

       

    97.15

    If the employee has accessed ten days of Personal Leave - Carer's in the employee's Personal leave year to care for another person for whom the employee has caring responsibilities the maximum continuous period of paid leave on a single occasion should not exceed one week but a manager may, having regard to all the circumstances of a case, approve up to two weeks.

       
     

    Unpaid Personal Leave - Sick

    97.16

    Where an employee has exhausted paid Personal Leave credits or is not entitled to paid Personal Leave - Sick, the employee may be granted unpaid Personal Leave - Sick.

       

    97.17

    Where an employee requests, and the Commissioner considers that it is warranted in the circumstances, an employee may also be able to access unpaid Personal Leave - sick in other circumstances.

       
     

    Unpaid Personal Leave - Carer's

    97.18

    Where an employee has exhausted paid Personal Leave credits, is not entitled to paid Personal Leave - Carer's or where the manager has determined that it is not appropriate to grant paid Personal Leave - Carer's, the employee may be granted unpaid Personal Leave - Carer's.

       

    97.19

    An employee is entitled to 2 days unpaid Personal Leave - Carer's on each occasion:

    a. a member of the employee's immediate family, or

    b. a member of the employee's household,

    requires care or support during such a period because of:

    i. a personal illness, or injury, of the member; or

    ii. an unexpected emergency affecting the member.

       

    97.20

    An employee may request less than 2 days unpaid Personal Leave - Carer's purposes on each of the occasions referred to in sub clause 97.19.

       

    97.21

    A manager may approve further periods of unpaid Personal Leave - Carer's if the circumstances warrant. This may include approving unpaid Personal Leave - Carer's where the employee is providing care or support for "another person".

       

    97.22

    An employee is entitled to unpaid Personal Leave - Carer's only if the employee complies with the notice requirements and documentation requirements in clause 91 and this clause.

       
     

    Leave to count as service

    97.23

    Paid Personal Leave will count as service for all purposes.

       

    97.24

    Where an employee has been absent from duty due to illness for a continuous period of 78 weeks, any leave without pay after 78 weeks has passed will not count as service for any purpose other than Long Service Leave.

       

    97.25

    Personal Leave - Carer's without pay will count as service to a maximum of 30 calendar days each year.

       
     

    Documentation - Personal Leave - Sick

    97.26

    Acceptable documentation in support of Personal Leave - Sick is:

    a. a medical certificate from a registered health practitioner; or

    b. if it is not reasonably practicable for the employee to provide a medical certificate, a statutory declaration made by the employee.

    For the purposes of this clause a registered health practitioner means a health practitioner registered, or licensed, as a health practitioner (or as a health practitioner of a particular type) under a law of a State or Territory that provides for the registration or licensing of health practitioners (or health practitioners of that type).

       

    97.27

    The employee must provide the required document to their manager as soon as reasonably practicable (which may be at a time before or after the Personal Leave - Sick has started).

       

    97.28

    The required document must include a statement to the effect that:

    a. if the required document is a medical certificate from a registered health practitioner,

       

    i. in the registered health practitioner's opinion, the employee was, is, or will be unfit for work during the period because of a personal illness or injury; or

    ii. where the employee attended the medical practitioner for the purposes of a medical examination, a statement from the registered medical practitioner that the employee attended for that purpose; or

     

    b. if the required document is a statutory declaration - the employee was, is, or will be unfit for work during the period because of a personal illness or injury.

       
     

    Documentation for recurring illnesses

    97.29

    In addition to the provisions of sub-clauses 97.10 - 97.12 and 97.26 - 97.28, a statement of fact confirming that an employee suffers from a recurring medical condition will be accepted in the following circumstances:

    a. the statement of fact is provided by a registered medical practitioner and states that the employee suffers from a particular medical condition that may cause them to be unfit for duty; and

    b. the absence is for two consecutive days or less.

       

    97.30

    The statement of fact will be valid for the period stated therein up to a maximum of 12 months.

       

    97.31

    Leave under this sub-clause may be approved up to a total of one week in a Personal Leave year.

       

    97.32

    The employee's manager may require separate certification for any absence provided that prior notice is given to the employee.

       
     

    Documentation - Personal Leave - Carer's

    97.33

    Acceptable documentation in support of Personal Leave - Carer's is:

    a. if the care or support is required because of a personal illness, or injury:

       

    i. a medical certificate from a registered health practitioner; or

    ii. where this is not practicable, a statutory declaration made by the employee.

     

    b. if the care or support is required because of an unexpected emergency:

       

    i. a statement from an other authority (includes health providers, schools, kindergartens, registered child care providers, government agencies or welfare organisations), is required to support the application for Personal Leave - Carer's; or

    ii. where it is not practicable to obtain a statement from an other authority; a statutory declaration made by the employee.

       
     

    Part day absences

    97.34

    Part day absences on Personal Leave are allowed.

       
     

    Flexibility

    97.35

    In exceptional circumstances, an employee may be granted approval to convert full pay Personal Leave credits to half pay for the period of leave required for the purpose of personal illness.

    This would only apply to periods of leave of one month or more.

       
     

    Continuous employment in qualifying service

    97.36

    Service in the ATO, another APS agency, the ACT Government or the Commonwealth Parliamentary Service may be recognised as prior service for the purpose of Personal Leave accrual, provided any break in service does not exceed two months. Credit will be determined as if the prior service was with the ATO as an employee who was engaged to the ATO after the commencement of this Agreement.

       
     

    Reduced accrual of Personal Leave credits

    97.37

    Where leave to undertake employment outside the ATO counts as service, any Personal Leave credits accrued shall be reduced by:

    a. where records of personal leave granted to the employee are available - the sum of those periods of leave of absence on account of illness so recorded; and

    b. in any other case - nine hours for each 3 months the employee was on leave.

       
     

    Sick on Annual Leave, Purchased Leave, Long Service Leave and Flex Leave

    97.38

    Annual leave, Purchased Leave, Long Service Leave and flex credits will be reinstated and Personal Leave - Sick granted where an employee produces satisfactory medical evidence that they were medically unfit for duty while on Annual Leave, or unfit for duty for one day or more for Purchased Leave, Long Service Leave or Flex Leave.

       
     

    Carers Leave while on Annual Leave

    97.39

    Annual Leave credits will be reinstated and Personal Leave - Carer's granted where an employee produces acceptable documentation that they were required to provide care or support for a member of their immediate family or household while on Annual Leave.

       
     

    Public Holidays

    97.40

    If a period of Personal Leave includes a public holiday, Personal Leave credits are not debited for the public holiday.

       
     

    Access to other leave types when Personal Leave with pay has been exhausted.

    97.41

    An employee who is unfit for work for a period of at least one week may be granted Annual Leave, Purchased Leave or Long Service Leave (subject to the minimum Long Service Leave provisions) where they have:

    a. utilised all paid Personal Leave, and

    b. provided satisfactory documentation.

    Managers may waive the one week period requirement where medical treatment is being undertaken for a long term illness e.g. physiotherapy undertaken once a week, or on an ad hoc basis, over a long term period.

       
     

    Personal Leave not to be approved under miscellaneous leave provisions

    97.42

    Leave for sick or caring purposes cannot be approved under Miscellaneous Leave provisions.

       
     

    Discretionary grant of Personal Leave for compassionate purposes

    97.43

    Where:

    a. an employee has exhausted all their Personal Leave credits; and

    b. in the opinion of the Commissioner, special circumstances exist;

    the Commissioner may approve additional paid Personal Leave credits for compassionate purposes.

    98. Compassionate (including bereavement) Leave

     

    Compassionate Leave

    98.1

    An employee is entitled to Compassionate Leave for each occasion when a member of the employee's immediate family, or a member of the employee's household:

    a. contracts or develops a personal illness that poses a serious threat to his or her life; or

    b. sustains a personal injury that poses a serious threat to his or her life.

       
     

    Bereavement Leave

    98.2

    An employee is entitled to Bereavement Leave for each occasion when a member of the employee's immediate family, or a member of the employee's household dies or on the occasion of the death of a person with whom the employee had a close personal relationship.

       
     

    Documentation - Compassionate Leave

    98.3

    To be eligible for Compassionate Leave under clause 98.1 (a) or (b) the employee should provide a medical certificate or statement from the health practitioner treating the person concerned (i.e. the member of the employee's immediate family or household that had, or has, a life threatening illness or injury) stating that, in the opinion of the registered health practitioner, the person had, or has, during the period the compassionate leave was taken, an illness or injury that poses or posed a serious threat to that person's life.

    An employee's manager will be able to waive the above requirement where they are satisfied that the circumstances are such that it would be unreasonable for the employee to provide such documentation. In those cases, the manager may require the employee to provide a statutory declaration that the leave meets the requirements for Compassionate Leave.

       
     

    Documentation - Bereavement Leave

    98.4

    To be eligible for Bereavement Leave under clause 98.2, an employee will only have to provide appropriate documentation if requested.

       
     

    Maximum period of paid Compassionate Leave

    98.5

    The maximum continuous period of paid Compassionate Leave under clause 98.1 (a) or (b) on a single occasion is two days which may be taken as:

    a. a single, unbroken period of 2 days; or

    b. 2 separate periods of 1 day each; or

    c. any separate periods to which the employee's manager agrees,

    for each occasion.

    98.6

    The employee may commence Compassionate Leave under clause 98.1 (a) or (b) at any time while the illness or injury persists.

       
     

    Maximum period of paid Bereavement Leave

    98.7

    A manager may approve up to 3 days paid Bereavement Leave for each occasion.

       
     

    Bereavement on Annual Leave, Purchased Leave and Long Service Leave

    98.8

    Annual Leave, Purchased Leave and Long Service Leave will be recredited and Bereavement Leave granted where a member of the employee's immediate family or household dies while the employee is on Annual Leave, Purchased Leave or Long Service Leave.

       
     

    Compassionate leave while on Annual leave

    98.9

    Annual Leave will be recredited and compassionate leave granted in situations where the employee is entitled to Compassionate Leave while the employee is on Annual Leave.

    99. Defence Reservists Leave

     

    Leave for ADF Reservists undertaking Defence service, Continuous Full Time Service or Cadet Force obligations

    99.1

    An employee may be granted leave to enable the employee to fulfil Australian Defence Force (ADF) Reserve, and continuous full time service (CFTS) or Cadet Force obligations.

       

    99.2

    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 by the ADF Reserve.

    a. 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.

    b. 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.

    c. Employees are not required to pay their tax free ADF Reserve salary to the ATO in any circumstances.

       

    99.3

    An employee who is an officer or instructor of cadets in a Cadet Force may be granted paid leave of up to three weeks each financial year to perform duties as an officer or instructor of Cadets. For these purposes 'Cadet Force' means the Australian Navy Cadets, Australian Army Cadets, or the Australian Air Force Cadets.

       

    99.4

    Defence Reserve leave counts as service for all purposes, except where an employee takes unpaid leave to undertake Continuous Full Time Service (CFTS), in which circumstance it will not count for Annual Leave purposes.

       

    99.5

    Eligible employees may also apply for Annual Leave, Purchased Leave, Long Service Leave, Miscellaneous Leave without Pay, or they may use flextime for the purpose of fulfilling ADF Reserve, CFTS or Cadet Force obligations.

       

    99.6

    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.

    100. War Service Sick Leave

    100.1

    Where the Department of Veteran's Affairs has issued a statement to an employee certifying that a condition is a war-caused medical condition, absences on War Service Sick Leave may be approved on the basis of a certificate from a recognised medical practitioner stating the absence is due to that condition.

       

    100.2

    Employees may accrue two separate credits:

    a. on commencement in the APS, a special credit of nine weeks War Service Sick Leave

    b. annual credit of 3 weeks.

       

    100.3

    Unused annual credits accumulate, subject to a maximum credit balance of 9 weeks.

       

    100.4

    Leave may not be granted from the annual credits until the special credit is exhausted.

    101. Cultural, Ceremonial and NAIDOC Leave

    101.1

    Employees of Aboriginal or Torres Strait Islander descent may be granted leave with pay for up to 10 days in any period of two years for cultural or ceremonial purposes.

       

    101.2

    Additionally, Aboriginal and Torres Strait Islander employees may be granted a further one day's paid leave per year to attend and participate in NAIDOC Week activities. Employees wishing to attend activities during NAIDOC Week involving more than one day's absence may be granted flextime, Purchased Leave, Annual Leave or unpaid Miscellaneous Leave subject to operational requirements.

       

    101.3

    Cultural, Ceremonial and NAIDOC Leave is in addition to Compassionate (including Bereavement) Leave.

       

    101.4

    Paid Cultural Ceremonial and NAIDOC Leave counts as service for all purposes.

    102. Community Service Volunteer Leave

     

    Emergency Service Volunteer Leave

    102.1

    Leave will be granted for emergency duty, and may be granted for emergency duty training, reasonable travel, recovery time and ceremonial duties with State Emergency Services, fire fighting service, search and rescue unit or other similar volunteer organisation.

       

    102.2

    A maximum of four days with pay for each emergency will be granted, subject to the provision of satisfactory evidence that the employee's services were requested by the relevant organisation, where required by the delegate.

       

    102.3

    An additional day of paid leave for recuperation may also be granted, on application, where the employee will not have had an adequate break between the emergency duty and returning to work.

       

    102.4

    Employees may also be granted paid leave for reasonable travel associated with emergency duty and time for regular training. Applications will be considered on a case by case basis.

       

    102.5

    In addition, employees may be granted leave without pay for longer absences. Periods of leave without pay will not count as service.

    102.6

    Where there is a proclaimed natural disaster the FAC ATOP may approve an additional amount of leave with or without pay.

       
     

    Jury service

    102.7

    Employees who are required by a court to attend either for jury selection or to act as a juror will be released from duty for the period required, without the need to formally apply for leave.

       

    102.8

    The employee will be required to advise their manager in advance and provide proof of the need for their attendance.

       

    102.9

    Subject to sub-clause 102.10 this will be paid leave.

       

    102.10

    If the employee receives a payment from the Court for attendance, they must repay that amount to the ATO for the period of absence. If the repayment is not made, an equivalent amount will be deducted from the employee's salary.

    103. Witness Leave

    103.1

    An employee who is summoned as a witness in a Court (except in civil proceedings, unless a Crown witness), administrative tribunal or industrial tribunal will be granted paid leave.

    104. Workplace Relations Training Leave

    104.1

    An employee can have up to 3 days paid leave each year for training in workplace relations provided:

    a. the release of an employee is subject to operational requirements,

    b. the training will assist the employee to carry out a role as a workplace delegate or other elected union representative, and

    c. all costs will be borne by the employee.

    105. Blood Donor and Vaccination Leave

    105.1

    Employees who, during working hours, give blood or attend a medical practitioner for the purposes of vaccinations for official duty do not have to complete an application for leave.

    106. Miscellaneous Leave

    106.1

    Miscellaneous Leave is leave which is not covered under any specific leave arrangement.

       

    106.2

    Leave may be granted for any purpose that is in the interests of the ATO.

       

    106.3

    The leave granted may be:

    a. for the period requested or another period;

    b. with or without pay;

    c. subject to conditions; and

    d. if leave is granted without pay - the leave may count as service for some or all purposes.

       

    106.4

    Employees must be given a written notice of the decision to grant, or refuse to grant, leave.

       

    106.5

    Provided that leave with or without pay does not count as service for any purpose if the employee does not resume duty in the APS at the end of the period of leave:

    a. leave granted with pay counts as service for all purposes.

    b. unless otherwise approved, leave without pay does not count as service for any purpose.

       

    106.6

    If leave has been granted to an employee and the employee is moved to another APS agency, any remaining part of the leave is taken not to have been granted.

       

    106.7

    There are guidelines on the granting of Miscellaneous Leave. Employees and their representatives will be consulted about any changes to the guidelines.

      Last modified: 02 Dec 2011QC 24167