Leave Procedure

Intent

To outline the processes for applying for the various leave types available to staff members under the James Cook University (JCU) Enterprise Agreement.

Scope

This Procedure applies to all staff members who are employed under the JCU Enterprise Agreement. Casual Staff Members are excluded from some types of leave.

Definitions

Except as otherwise specified in this procedure, the meaning of terms used in this procedure are as per the Human Resources Policy Glossary or the JCU Enterprise Agreement.

Procedure

1. Annual Leave

1.1. Full-time Staff Members accrue 25 days of Annual Leave for each completed year of service.

1.2. Full-time shift workers (staff on three continuous shifts per day over a period of seven days per week) will accrue 30 days of Annual Leave for each completed year of service.

1.3. Part-time staff will accrue a pro-rata amount of Annual Leave.

1.4. Supervisors will as far as it is reasonable and practicable:

a) Plan the workload allocation so that each staff member has a 5-week period available, including in unbroken periods if staff so request, in which to take their Annual Leave and approve any leave requests in a timely manner;

b) Agree to alternate periods of leave where operational requirements prevent the leave requested being granted and approve requests to change leave plans and confirm leave not taken to be carried forward to a subsequent year;

c) Approve Annual Leave for academic staff with teaching responsibilities during teaching periods only where satisfactory arrangements have been made to meet the responsibilities of the staff member.

1.5. Staff Members will wherever it is reasonable and practicable:

a) Take their Annual Leave entitlement in the year in which it accrues unless otherwise agreed in their leave plan.

b) Apply for leave that is outside of teaching and/or peak workload periods, taking account of the genuine operational requirements of their Work Unit.

c) Apply for leave or changes to leave using the established leave booking system and receive approval prior to taking the leave.

2. Taking Annual Leave at Half Pay

2.1. Staff members may elect to take Annual Leave at half pay subject to agreement of their current Supervisor.

2.2. Annual Leave taken at half pay will only be available for a minimum of 1 week’s duration (2.5 days leave credits) per request.

2.3. Annual Leave at half pay is only available to staff members who at the time of applying have an annual leave balance of less than 45 days.

3. Cashing Out Annual Leave

3.1. Staff Members may apply to cash out Annual Leave, equivalent to the period of Annual Leave they have taken in the previous 12 months provided they:

• Have taken at least 15 days Annual Leave in the previous 12-month period (pro-rata for part-time staff); and
• Retain an Annual Leave balance of no less than 20 days (pro-rata for part-time staff); and
• Apply in writing and there is written agreement between the staff member and their Head of Work Unit for each occasion Annual Leave is cashed out.

3.2. The cashing out of leave payment occurs within the normal pay cycle.

4. Long Service Leave

4.1. Full-time Staff Members are entitled to Long Service Leave (LSL) once they have completed 7 years continuous service. LSL accrues at 1.3 weeks per year of service for full-time staff members.

4.2. Part-time Staff Members are entitled to a pro-rata amount of LSL once they have completed 7 years of continuous service.

4.3. Fixed term and casual Staff Members are entitled to a pro-rata amount based on the calculation of the number of hours worked over the entitlement period, and paid after 7 years of continuous service.

4.4. LSL must be taken in a minimum of 2 weeks per instance. Dates for LSL must be agreed with the Staff Member's Supervisor, and Supervisors must act reasonably in agreeing dates for LSL.

4.5. Staff Members must apply in writing at least 6 months prior to taking LSL. The notice period may be reduced by agreement between the staff member and their Head of Work Unit.

4.6. Applications from Academic Staff with teaching responsibilities may not extend over more than 1 semester unless more than 6 months LSL is taken.

5. Cashing out Long Service Leave

5.1. Staff Members may request in writing to cash out any LSL in excess of 15 weeks at their ordinary rate of pay.

5.2. The cashing out of LSL occurs within the normal pay cycles.

6. Leave Without Pay

6.1. Leave without pay is not an entitlement. The University recognises there are occasions where leave without pay can bring benefit to the University.

7. Trade Union Training Leave

7.1. A Staff Member (other than a casual staff member) may apply for up to 5 days paid leave per calendar year to attend Trade Union Training courses, conferences or seminars. Part-time Staff Members will be entitled to a pro-rata amount of leave.

7.2. A maximum of two Staff Members per year who are elected to both the National Tertiary Education Union Division and National Council may apply for 2 additional days leave per calendar year to attend Division Council meetings, National Council meetings or Division and National conferences.

8. Special Sporting Leave

8.1. A Staff Member (other than a casual Staff Member) may apply for up to 5 days paid leave per calendar year (pro rata for part-time staff) when they are selected as a  competitor, coach, official or umpire/ referee to participate in State, National or International sporting events or competitions in sports of national significance.  These will normally be recognised by the International Olympic or Commonwealth Games Committee.

8.2. Where a Staff Member receives payment: paid leave will be granted on the basis that the Staff Member provides any payments for being a competitor, coach, official or umpire/referee to the University.

9. Volunteering Leave

9.1. Staff Members may apply for up to 2 days per calendar year to be deducted from their Personal/Carers Leave balance to undertake voluntary work for a non-for-profit community organisation.

10. Cultural Leave

10.1. A Staff Member (other than a casual staff member) is entitled to maximum of 10 days paid leave per calendar year to participate in Cultural Leave for the sole purpose of observing holy days or to attend essential religious or cultural duties associated with their particular religious faith, culture or tradition. Part-time Staff Members will be entitled to a pro-rata amount of Cultural Leave.

10.2. Australian Aboriginal and/or Torres Strait Islander Staff Members (other than casual staff) are entitled to a maximum of 10 days paid leave per calendar year to participate in or fulfil cultural obligations related to the culture and/or community group with which they identify. Part-time Staff Members will be entitled to a pro-rata amount of Cultural Leave.

10.3. Casual Australian Aboriginal and/or Torres Strait Islander Staff Members are entitled to a maximum of 5 days unpaid leave.

11. Personal and Carer’s Leave

11.1.     Full-time Staff Members are entitled to 15 days Personal/Carer’s leave each year.  This leave accrues from year to year.

11.2.     Personal/Carer’s leave covers both sick leave and carer's leave and may be granted, subject to available leave accrual, in the following circumstances:

• If a Staff Member is unfit for work because of personal illness or injury;
• To provide care or support to a member of their immediate family or household because of a personal illness, injury or unexpected emergency; or
• Due to instances of domestic violence (leave taken in accordance with Clause 38, if Domestic and Family Violence Leave,  at first instance has been exhausted).

11.3.     Part-time Staff Members are entitled to a pro rata amount of paid Personal/Carer’s leave, according to the number of ordinary hours worked.

11.4.     Paid Personal/Carer’s leave will accrue on a pro-rata basis and be credited to Staff Members at the end of each pay fortnight.

11.5.     Personal/Carer’s leave continues to accrue when a Staff Member takes a period/s of paid leave but does not accrue on any form of unpaid leave.

11.6.     Where a Staff Member has exhausted their paid Personal/Carer’s leave, the Staff Member is eligible for unpaid Personal/Carer’s leave.

11.7.     All staff (including casual Staff Members) are entitled to take 2 days unpaid personal/carer’s leave for each occasion a Staff Member’s immediate family or household requires care or support because of a personal illness, injury or an unexpected emergency to which the Staff Member and the Supervisor agree.

12. Domestic and Family Violence Leave

12.1. Staff Members are entitled to take 10 days’ paid leave per calendar year for absences arising from instances of Domestic and Family Violence.

12.2. Staff Members may utilise their Personal/Carer’s Leave in line with clause 11.2 where their Domestic and Family Violence Leave entitlement has been exhausted.

12.2  Casual staff members are entitled to take up to 5 days’ leave without pay per calendar year for absences arising from instances of Domestic and Family Violence.

13. Gender Affirmation Leave

13.1. A Staff Member who is affirming their gender is entitled to 20 days paid leave per calendar year for purposes incidental to the affirmation of their gender. The leave may be used for the purpose of attending medical appointments, recovering from medical procedures, attending to any legal matters, or any other activity related to the Staff Member’s gender affirmation.

14. Compassionate Leave

14.1. Staff Members (other than casual Staff Members) are entitled to 3 days paid Compassionate leave on each permissible occasion when a member of the Staff Member’s immediate family or member of the Staff Member’s household:

a) contracts or develops a personal illness that poses a serious threat to their life; or

b) sustains a personal injury that poses a serious threat to their life; or

c) dies

14.2. Part-time Staff Members will be entitled to a pro-rata amount of Compassionate leave.

14.3. Casual Staff Members are entitled to 2 days unpaid Compassionate Leave per occasion to not be available to attend work, or to leave work, subject to the provision of appropriate evidence to support their application.

14.4. Leave entitlements relating to Miscarriage/Stillbirth or Death of a Child in the first 24 Months of Life are outlined in the Parental Leave Procedure.

15. State Emergency Services Leave

15.1. A Staff Member (other than casual staff member) who is a member participant of a State Emergency Service, firefighting service, search and rescue unit or other recognised volunteer service organisation where required to assist in an emergency situation, will be granted up to 5 days per calendar year with pay. Part-time Staff Members will be entitled to a pro-rata amount of State Emergency Services Leave.

16. Natural Disaster Leave

16.1. Paid leave will be granted to Staff Members unable to attend their rostered or normal work as a result of floods, cyclonic disturbances, bushfires or earthquakes.

16.2. Paid leave will be granted to Staff Members that are required to leave work in order to ensure their own safety, protection of their family and/or property, or to access transport facilities which may later be disrupted or discontinued because of weather conditions for the remainder of the day.

17. Jury Service

17.1. A Staff Member (other than a casual Staff Member) who is summoned to perform jury service or to attend any court of law as a witness during their ordinary working hours, shall be granted paid leave for their ordinary hours of work.

17.2. Approval of Jury Service leave is conditional upon:

a) Production of a letter from the Queensland Courts indicating that attendance for jury service is required; and

b) Forwarding the payment received for jury service to Remuneration Services.  Note, any additional paid jury service expenses, such as travel and lunch allowances, do not need to be forwarded to the University.

18. Australian Defence Reserves Leave

18.1.  A Staff Member (other than a casual Staff Member) who is a member of the Australian Defence Reserves will be granted:

• Up to 4 weeks per year paid leave to undertake service; and
• Up to 2 weeks paid leave to attend compulsory training.

18.2.  Part-time Staff Members will be entitled to a pro-rata amount of leave.

19. Global Emergency Leave

19.1. The University recognises its responsibility (to where possible) contribute resources to respond to global humanitarian crises.

19.2. A Staff Member (other than a casual staff member) who has the necessary expertise to be engaged to provide human and technical resources for alert, risk assessment and response to public health emergencies of international importance may be granted up to 4 weeks paid Global Emergency Leave. This period may be extended on a case-by-case basis. Examples of recognised organisations include:

• World Health Organisation (GOARN)
• Australian Medical Assistance Teams (AUSMAT)
• Medecins Sans Frontieres (Doctors Without Borders) (MSF)
• International Federation of Red Cross and Red Crescent

20. Health Emergency Special Leave

20.1. The University recognises there may be occasions where the Australian or State Government Departments of Health call upon JCU human health professionals to perform services in response to domestic public health emergencies, to assist with surge capacity in their field.  Provision of paid or unpaid leave as applicable will allow JCU Staff to perform their professional obligations and in turn, benefit the University.

20.2. Surge capacity is a measurable representation of ability to evaluate and care for a markedly increased volume of patients—one that challenges or exceeds normal operating capacity.

20.3. A Staff Member (other than casual Staff) who has the necessary expertise will be granted the necessary leave as the situation demands.

20.4. The decision to approve paid or unpaid leave will be dependent on the agreement with the external organisation and the Head of Work Unit.

20.4.1. With Pay – The granting of paid leave would require JCU to continue to employ the Staff Member which may include arrangements where the external organisation agrees to cover, or contribute to, the costs incurred by JCU in releasing the Staff Member.  JCU may also agree to cover the salary costs pro bono depending on the circumstances.

20.4.2. Without Pay - The granting of unpaid leave would require the external organisation to agree to employ the JCU Staff Member directly for the period.

20.5. The paid leave will include payment of applicable allowances currently being received by the Staff Member and both leave types will count as service for continuity of leave purposes.

Related documents and legislation

James Cook University Enterprise Agreement

Parental Leave Procedure

Schedules/Appendices

Nil

Administration

NOTE: Printed copies of this procedure are uncontrolled, and currency can only be assured at the time of printing.

Approval Details

Revision History

NOTE: A minor amendment will not result in a change of the next major review date.