Policy Leave Procedure

Leave Procedure

Intent

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

Scope

This Procedure applies to all staff members who are employed under the James Cook University Enterprise Agreement.

Exclusions

Casual staff members are excluded from some leave types.

Definitions

Terms in this procedure are defined in the Human Resources Policy Glossary.

Procedure

1. Annual Leave

1.1. Full-time staff 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 requirement 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.

Step	Action
1.	Discuss the intended leave with your current Supervisor, this would normally be part of the Performance and Development Plan process, and obtain ‘in-principle’ agreement where possible for the leave prior to formal application.
2.	Apply for the leave in My HR Online.

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.

Step	Action
1.	Discuss taking leave at half pay with your current Supervisor and obtain an ‘in-principle’ agreement.
2.	Complete the request to take annual leave at half pay form.
3.	Once the application form is approved by the Delegated Authority, forward to Remuneration Services via Service Now.

3. Cashing Out Annual Leave

3.1. Staff may apply to cash out leave, equivalent to the period of 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 a 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 leave is cashed out.

Step	Action
1.	Discuss the intended cash out application with your Head of Work Unit and obtain ‘in-principle’ support.
2.	Apply to cash out annual leave on the request to cash out annual leave form.
3.	Once the application form is approved by the Delegated Authority, forward to Remuneration Services via Service Now.

*Please also note that 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. Long Service Leave 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. Leave must be taken in a minimum of 2 weeks per instance. Dates for Long Service Leave must be agreed with their Supervisor, and Supervisors must act reasonably in agreeing dates for long service leave.

4.5. Staff must apply in writing at least 6 months prior to taking the leave. 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 long service leave is taken.

Step	Action
1.	Discuss the intended leave with your current Supervisor. This would normally be part of the Performance and Development Plan process, and obtain ‘in-principle’ agreement for the leave.
2.	Apply for the leave in My HR Online.
3.	Where applications for Long Service Leave are declined due to operational reasons, the Head of Work Unit will advise the staff member of the reasons in writing for their decision, and will agree to an alternative period for the leave to be taken.

5. Procedure for Cashing out Long Service Leave

5.1. Staff members may request in writing to cash out any Long Service Leave in excess of 15 weeks at their ordinary rate of pay.

Step	Action
1.	Discuss the intended cash out application with your Head of Work Unit and obtain ‘in-principle’ support.
2.	Apply to cash out long service leave on the request to cash out long service leave form.
3.	Once the application form is approved by the Delegated Authority, forward to Remuneration Services via Service Now

*Please note that the cashing out of leave 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.

Step	Action
1.	Discuss the intended leave with your Head of Work Unit and obtain ‘in-principle’ support.
2.	Apply for the leave in My HR Online.
3.	The relevant DVC will consider applications for leave without pay greater than 12 months (excluding parental leave) taking into account the advice from both the Head of Work Unit and the Director HR.

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 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.

Step	Action
1.	Discuss the intended leave with your current Supervisor, this would normally be part of the Performance and Development Plan process, and obtain ‘in-principle’ agreement.
2.	Apply for the leave in My HR Online.
3.	You may be asked to provide appropriate evidence to support your leave application.

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.

Step	Action
1.	Discuss the intended leave with your current Supervisor and obtain ‘in-principle’ agreement.
2.	Apply for the leave in My HR Online.
3.	You may be asked to provide appropriate evidence to support your leave application.

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.

Step	Action
1.	Discuss the intended leave with your current Supervisor and obtain ‘in-principle’ support.
2.	Apply for the leave in My HR Online.
3.	You may be asked to provide appropriate evidence to support your leave application.

10. Cultural Leave

10.1. A staff member (other than a casual staff member) is entitled to maximum of 5 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 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 5 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 will be entitled to a pro-rata amount of Cultural Leave.

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

Step	Action
1.	Discuss the intended leave with your current Supervisor. This would normally be part of the Performance and Development Plan process, and obtain ‘in-principle’ agreement.
2.	Apply for the leave in My HR Online.
3.	You may be asked to provide appropriate evidence to support your leave application.

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 36, Domestic and Family Violence Leave, JCU Enterprise Agreement at first instance has been exhausted).

11.3. Part-time staff 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 at the end of each pay fortnight.

11.5. Personal/carer’s leave continues to accrue when Staff take periods 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.

Step	Action
1.	As soon as is possible notify your current Supervisor of the circumstances of your absence. Wherever possible notification should occur prior to your normal starting time.
2.	Apply for the leave in My HR Online by: choosing the Personal and Carer’s leave dropdown box for the type of leave you are selecting A step by step guide as to how to apply for leave is available by clicking the ‘need help’ section at the bottom of the page.
3.	Leave in excess of 4 days requires a medical certificate from a Doctor. If applicable, please provide this to your current Supervisor upon your return.

12. Domestic and Family Violence Leave

12.1. Staff members (other than casual staff Members) are entitled to take up to 10 days paid leave in total per calendar year for absences arising from instances of Domestic and Family Violence.

Step	Action
1.	As soon as is possible advise your Supervisor of the circumstances. If you do not feel comfortable approaching your Supervisor in the first instance please contact your HR Business Partner.
2.	Apply for the leave in My HR Online.

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.

Step	Action
1.	As soon as is possible, advise your Supervisor of the circumstances. If you do not feel comfortable approaching your Supervisor in the first instance please contact your HR Business Partner.
2.	Apply for the leave in My HR Online.

13. Compassionate Leave

13.1. 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

13.2. Part-time staff members will be entitled to a pro-rata amount of Compassionate leave.

13.3. 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.

Step	Action
1.	As soon as is possible advise your Supervisor of the circumstances.
2.	Apply for the leave in My HR Online.
3.	You may be asked to provide appropriate evidence to support your leave application.

14. State Emergency Services Leave

14.1. 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 organization where required to assist in an emergency situation, will be granted up to 5 days per calendar year with pay. Part-time staff will be entitled to a pro-rata amount of State Emergency Services Leave.

Step	Action
1.	As soon as is possible advise your Supervisor of the circumstances.
2.	Apply for the leave in My HR Online.
3.	You may be asked to provide appropriate evidence to support your leave application.

15. Natural Disaster Leave

15.1. 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.

15.2. 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.

Step	Action
1.	As soon as is possible advise your Supervisor of the circumstances.
2.	Apply for the leave in My HR Online.
3	You may be asked to provide appropriate evidence to support your leave application.

16. Jury Service

16.1. 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. Paid leave is conditional upon production of a certificate from the court indicating attendance is required and forwarding of the payment received to the University.

16.2. Approval of this 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.

Step	Action
1.	Discuss the jury service dates with your current Supervisor. Where you are planning on requesting an exemption you should also discuss this with your Supervisor.
2.	If the decision is to undertake the jury service, provide evidence to: your Supervisor, and, HR Remuneration Services through Service Now, please attach scanned copies of original documents.
3.	Apply for the leave in My HR Online.
4.	Provide the payment for jury service, normally a signed over cheque to HR Remuneration Services.

17. Australian Defence Reserves Leave

17.1. 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.

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

Step	Action
1.	Discuss the leave with your current Supervisor. This would normally be part of the Performance and Development Plan process.
2.	Provide evidence that you are required to attend Australian Defence Reserves service or training to: your current Supervisor, and, HR Remuneration Services through Service Now, please attach scanned copies of original documents.
3.	Apply for the leave in My HR Online. Please note it is necessary to complete steps 2 and* 3, as the Service Now system does not manage leave.
4.	At the conclusion of the leave period provide your current Supervisor and HR Remuneration Services with a certificate from the Commanding Officer of attendance at the Australian Defence Force training.

18. Global Emergency Leave

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

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

Step	Action
1.	World Health Organisation (WHO): Where a staff member believes they meet the WHO requirements, they should discuss their application with the Supervisor prior to submitting. If they are approved, they should advise their Supervisor of this as soon as possible. Other Recognised Volunteer Health Services: As soon as possible, discuss with your application with your Supervisor.
2.	Apply for the leave in My HR Online.
3.	You may be asked to provide appropriate evidence to support your leave application. The relevant Dean/ Director/ PVC, in conjunction with the Supervisor, will approve these applications.

19. Health Emergency Special Leave

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.

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.

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

The decision to approve paid or unpaid leave will be dependent on the agreement with the external organisation and the Dean/ Director.

19.1 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.

19.2 Without Pay - The granting of unpaid leave would require the external organisation to agree to employ the JCU staff member directly for the period.

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.

Step	Action
1.	As soon as possible, discuss the circumstances with your Supervisor.
2.	If an individual is approved for service, apply for the appropriate leave (either paid or unpaid) in My HR Online.
3.	You may be asked to provide appropriate evidence to support your leave application. The relevant Dean/ Director, in conjunction with the Supervisor, will approve these applications.

20. Special Leave - Covid 19

Staff members may utilise leave as per the table below in response to the Covid-19 global pandemic.

In certain circumstances outlined in the table below, Staff may be eligible for additional paid leave (special) of up to a maximum of 10 working days (pro rata for part-time staff) per instance.

Scenario	A staff member has a positive Personal and Carer’s Leave balance	A staff member has exhausted their Personal and Carer’s Leave	Other Leave option
A staff member is sick and has cold and/or flu like symptoms. Management may require a staff member who presents with these symptoms to leave the JCU campus.	The staff member should apply for Personal and Carer's Leave	Apply for other accrued leave types, or Personal and Carers Leave without pay.	The staff member should contact their Supervisor to cancel their shift, and assess their own wellness daily. The staff member will not be paid for cancelled shifts
A Continuing / Fixed term staff member has a confirmed case of Covid-19. Management may require a staff member who presents with these symptoms to leave the JCU Campus.	Apply for Personal and Carer’s Leave	Apply for Special Leave if Personal and Carer’s leave is exhausted	Not Applicable
A Casual staff member contracts Covid-19	Not Applicable	Not Applicable	Apply for Special Leave
A Continuing / Fixed term staff member with caring responsibilities for a person who has contracted Covid-19 and where the staff member cannot work from home	Apply for Personal and Carer’s Leave. Some staff members may be able to perform some or all of their role from home while meeting their caring responsibilities. These staff members should discuss options with their Dean/Director.	Apply for Special Leave if Personal and Carer’s Leave is exhausted	Not Applicable
Casual staff member with caring responsibilities for a person who has contracted Covid-19	Paid Personal and Carer’s Leave is not applicable, however, some staff members may be able to perform some or all of their role from home while meeting their caring responsibilities. These staff member should discuss options with their Dean/Director.	Not Applicable	Where work from home is not possible or appropriate the staff member can apply for Special Leave.
Continuing / Fixed-term staff member who has been advised by a healthcare authority or medical officer to isolate or quarantine due to possible contraction of Covid-19 and is awaiting test results or who has possible exposure to Covid-19 (as defined by current health directives) and does feel sick	Apply for Personal and Carer’s Leave	Apply for Special Leave once Personal and Carer’s Leave is exhausted
Casual staff member who has been advised by a healthcare authority or medical officer to isolate or quarantine due to possible exposure to Covid-19 contraction of Covid-19 and is awaiting test results or is considered a close contact as defined by current health directives) and does feel sick	Not Applicable	Not Applicable	Apply for Special Leave
A Continuing/Fixed Term Staff Member is on Annual Leave and has to self-isolate due to healthcare authority/medical direction whilst on Annual Leave.	The Staff Member should reverse their Annual Leave and apply for Personal and Carer's Leave on MyHROnline as they normally would. The Staff Member may be required to provide evidence.	The Staff Member should reverse their Annual Leave and apply for Special Leave if Personal and Carer's Leave is exhausted. The Staff Member may be required to provide evidence.
A Continuing/Fixed Term Staff Member is on Long Service Leave and has to self-isolate due to healthcare authority/medical direction whilst on Long Service Leave.	The Staff Member should reverse their Long Service Leave and apply for Personal and Carer's Leave on MyHROnline as they normally would. The Staff Member may be required to provide evidence.	The Staff Member should reverse their Long Service and apply for Special Leave once Personal and Carer's Leave is exhausted. The Staff Member may be required to provide evidence.
A Casual Staff Member is on Long Service Leave and has to self-isolate due to a healthcare authority/medical direction whilst on Long Service Leave.	Not Applicable	Not Applicable	The Casual Staff Member should change their Long Service Leave to Special Leave and send a revised manual leave form to their Supervisor for approval. The Staff Member may be required to provide evidence.

Step	Action
1.	As soon as is possible notify your current Supervisor of the circumstances related to your absence. Wherever possible notification should occur prior to your normal starting time.
2.	Continuing and fixed term staff members should apply for Special Leave in My HR Online, noting Covid-19 in the comments section. Casual staff members should complete a timesheet in My HR Online as per normal. Supervisors should email [email protected] to advise that this claim relates to Special Leave - Covid-19.
3.	Staff who are unwell with Covid-19 and require four (4) or more days off work are now also required to submit medical evidence in line with the Enterprise Agreement clause 34.3. JCU will accept the following as medical evidence: an image of any communications (including text messages) received in regard to a positive PCR test and/or requirement to isolate; or in the case of Rapid Antigen Test, if no other supporting information is available, an image of the Rapid Antigen Test Registration from QLD Health (or similar from other states and territories) with details and submission confirmation. Medical evidence should be attached to your My HR Online leave application. Casual Staff should email their medical evidence to [email protected].

Administration

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

Approval Details

Policy Domain	Human Resources
Policy Sponsor	Deputy Vice Chancellor, Services and Resources
Approval Authority	Deputy Vice Chancellor, Services and Resources
Date for next Major Review	25/07/2024

Revision History

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

Version	Approval date	Implementation date	Details	Author
22-3	23/08/2022	24/08/2022	Amended to reflect government changes to Covid-19 restrictions and to introduce medical evidence requirement for instances of Covid-19.	Manager, Industrial Relations and Policy
22-2	27/01/2022	28/01/2022	Procedure clarified to highlight that special leave is a maximum of 2 weeks per instance.	Manager, Industrial Relations and Policy
22-1	13/01/2022	13/01/2022	Amended to reflect updated advice on Covid-19 Special Leave	Industrial Relations Specialist
21-1	02/09/2021	02/09/2021	Amended to reflect updated advice on Covid-19 special leave.	Industrial Relations Specialist
20-2	20/11/2020	20/11/2020	Amended to reflect updated advice on Covid-19 special leave.	Manager, Industrial Relations and Policy
20-1	19/06/2020	19/06/2020	Amended to include requirements for Global Emergency Leave, Health Emergency Leave and Covid-19 Special Leave.	Manager, Industrial Relations and Policy
19-1	25/07/2019	05/08/2019	Updated to include GOARN leave and reflect legislative changes to Domestic and Family Violence Leave	Manager, Industrial Relations and Policy
18-1	21/12/2018	21/12/2018	Amendments in line with JCU EA 2016	Manager, Industrial Relations and Policy
17-1	23/06/2017	17/07/2017	Date for next major review date amended to align with Enterprise Agreement negotiations.	Deputy Director, Human Resources
1.0	28/02/2014		Procedure established	Workplace Relations

Keywords	Leave
Contact person	Manager, Industrial Relations and Policy