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Negotiated on behalf of UOW General Staff by the UOW branch of the CPSU – the General Staff Union

FAMILY LEAVE

University of Wollongong (General Staff) Enterprise Agreement 2010
Clause 57.

57.
FAMILY LEAVE

57.1.
The University provides a variety of flexible work arrangements for staff members to access to attend to their personal needs including flexible hours of work, rostered days off and time off in lieu arrangements. Staff members should seek to utilise these flexible work arrangements to attend to their personal needs.

57.2.
Staff members may apply for paid leave as defined in this Clause for the purpose of:


57.2.1.
Carer's responsibilities;


57.2.2.
Bereavement;


57.2.3.
Ceremonial or religious obligations; or


57.2.4.
Other contingency leave.

57.3.
A staff member is entitled to be granted up to a maximum of 8 days Family Leave under this Clause each 12 months from the staff member’s anniversary date and on a proportionate basis for part-time staff members. Family Leave does not accrue from year to year. In extraordinary circumstances, where a staff member has exhausted their Family Leave entitlement the staff member may be granted up to an additional 4 days leave which will be deducted from their sick leave accrual.

57.4.
Family Leave may be taken for part of a single day.

57.5.
Paid Family Leave in relation to carer responsibilities and bereavement will only be approved in relation to the staff member’s:


57.5.1.
Immediate family members, defined as including biological, adoptive, fostering and step relationships including parent, grandparent, brother, sister, child, grandchild, partner (married, de-facto, same sex, opposite sex, current or former) and their parent, grandparent, brother, sister, child, grandchild;


57.5.2.
Household members where the staff member is the primary carer;


and in the case of carer’s responsibilities, where the staff member is the primary care giver.

57.6.
In normal circumstances a staff member shall not take carer’s leave under this Clause where another family or household member is taking leave at the same time.

57.7.
In cases where a staff member has a family leave pattern of frequency or duration that is of concern it will be referred to the Director of Human Resources for consideration. Following such consideration the Director of Human Resources may require the staff member to produce sufficient supporting documentation to demonstrate the need for taking the leave which may include:


57.7.1.
a medical certificate or statutory declaration to establish the illness of the person concerned and that the illness is such as to require care by another; or


57.7.2.
newspaper notice or copy of the death certificate or statutory declaration; or


57.7.3.
advice or documentation from a relevant civil authority;


Unless there are demonstrable mitigating circumstances why a staff member did not comply with the requirements of this sub-clause paid Family Leave will not be granted. Where paid Family Leave is not granted the staff member may take other forms of appropriate leave including leave without pay.

57.8.
Applications for Family Leave considered not to comply under the provisions of this Clause shall not affect the staff member utilising other forms of leave as appropriate (i.e. Annual leave or Leave Without Pay). Approval of paid Family Leave shall not affect a staff member from applying for other forms of leave in conjunction with Family Leave.

57.9.
This Clause will have no effect if the period of entitlement to leave under this Clause coincides with any other period of leave.

57.10.
Where a staff member has exhausted their Family Leave and Annual Leave entitlements, additional Family Leave may be granted on the approval of the Vice Chancellor.

57.11.
Carers Responsibilities


57.11.1.
In respect of carers’ responsibilities, Family Leave is primarily available for unplanned requirements. Where planned short term absences for one day or part of a single day (i.e. medical appointments) are required, staff members should seek to cover these absences in accordance with sub-clause 57.1.


57.11.2.
The staff member shall, where practicable, give their direct supervisor (or other relevant supervisor) notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the staff member, the reasons for taking such leave and the estimated length of absence. Where it is not practicable for the staff member to give prior notice of absence, the staff member shall notify their direct supervisor (or other relevant supervisor) by telephone of such absence at the first opportunity on the day of the absence.


57.11.3.
Family Leave may be utilised for the provision of care for people identified in sub-clause 57.5 who are hospitalised or in care institutions.

57.12.
Bereavement


57.12.1.
Subject to seeking prior approval a general staff member may be granted one day of Family Leave for bereavements, in any one instance, in relation to a person identified in sub-clause 57.5 above.


57.12.2.
In addition to sub-clause 57.12.1 a staff member who has the principal responsibility for making funeral arrangements may be granted an additional day of Family Leave.


57.12.3.
Where a staff member is required to undertake significant travel interstate, or have cultural or religious reasons for extended leave a maximum of up to three days Family Leave may be granted in any instance, including the provisions contained in subclauses 57.12.1 and 57.12.2.


57.12.4.
Where a staff member is required to undertake significant travel overseas a maximum of four days Family Leave may be granted in any instance, including the provisions contained in sub-clauses 57.12.1 and 57.12.2.

57.13.
Ceremonial or Religious Obligations


General staff who apply for leave for ceremonial or religious purposes, other than leave for bereavement purposes as outlined in sub-clause 57.12, are required to provide sufficient evidence to support the absence. A general staff member may be entitled to one day of their Family Leave entitlement in any one instance. In the event of a dispute as to the validity of the proposed absence, the matter shall be referred to the Director, Employment Equity and Diversity for recommendation.

57.14.
Other Contingencies


57.14.1.
For the purpose of this Clause other contingencies shall be home burglary, bushfires, floods, or other disasters where the general staff member’s residence or members of their household are at significant risk.


57.14.2.
The staff member may be granted up to two days paid Family Leave in any one instance.


57.14.3.
The staff member, where practicable, shall give their direct supervisor (or other relevant supervisor) notice prior to the absence of the intention to take leave, the reasons for taking such leave and the estimated length of absence. In extraordinary circumstances, if it is not practicable for the staff member to give prior notice of absence, the staff member shall notify their direct supervisor (or other relevant supervisor) by telephone of such absence at the first opportunity on the day of the absence.

Join the UOW branch of the CPSU the General Staff Union

Contact UOW General Staff Union President Brian Webb 4221 3095

Authorised by John Cahill, State Branch Secretary of the CPSU, The Community and Public Sector Union (SPSF Group NSW Branch), 160 Clarence St, Sydney NSW 2000

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