General Leave Policy
Unless specified otherwise, employees referred to in this policy mean permanent full-time or part-time employees.
Leave can be taken for a number of reasons that include holidays, sick leave or carer’s leave. Minimum leave entitlements come from the National Employment Standards (NES). Where the entitlements or practices in this document conflict, the applicable award, workplace agreement, employment contract or employment law takes precedence.
All planned leave must be mutually agreed, and take into account workloads and the needs of the employer. Leave must be approved in advance, except when the employee can’t anticipate the absence e.g. sick leave. Any documents regarding leave will be kept with the employee’s personnel file. The employee needs to complete the Leave Request Form and have all leave approved by his or her Direct Manager. Once approved, the Leave Form needs to be given to the Financial Controller for processing. Leave Request forms will then be filed in personal employee files. Once leave has been approved you are required to update Google calendar (work calendar) with the dates that you will be out of the office.
All employees (with the exception of casual employees) are entitled to 20 days paid annual leave a year (pro-rata for part-time). Leave entitlements are calculated from the date you start work and accrue in accordance with workplace relations legislation. Annual leave counts towards continuous service (used when calculating long service leave). Applications for extended annual leave (two weeks or more) should be lodged at least four weeks prior to the first day of requested leave. In some circumstances, leave in advance of what leave has accrued can be approved. This is conditional on the employee agreeing to the business deducting any advance in the event of termination, or to the employee accepting leave without pay.
Business Close Down Periods
All employees are required to take accrued annual leave for business close down periods. The offices of Global Marketplace close for two weeks over the Christmas and New Year period. If insufficient leave has accrued, Global Marketplace can and may direct an employee to take unpaid leave during this period.
Cashing Out Annual Leave
Global Marketplace will decide on a case-by-case basis whether it will agree with an employee ‘cashing out’ annual leave as permitted by workplace relations legislation. If leave that has accrued beyond 40 days then management may direct you to take or cash-out some leave.
A full-time employee is entitled to 10 days of paid personal/carer’s leave (pro-rata for part-time employees) every 12 months which can all be taken as carer’s leave if required. All employees (including casual employees) are entitled to two days unpaid carer’s leave for each occasion an immediate family or household member needs support and care due to:
- An unexpected emergency
Full-time and part-time employees can only get unpaid carer’s leave if they don’t have any paid sick / carer’s leave left.
Personal leave enables an employee to to take time off work to manage personal illness, caring responsibilities and family emergencies. Paid personal leave accrues at the rate of 0.83333 days per month of service and is cumulative.
An Immediate family or household member is:
- A spouse or former spouse
- De facto partner
- Child, parent, grandparent, grandchild or sibling of the employee’s spouse or de facto partner (or former spouse or de facto partner).
This definition includes step-relations (e.g. step-parents and step-children) as well as adoptive relations.
A household member is any person who lives with the employee.
Notification of Absence from Work
An employee should notify his or her direct manager as soon as possible if they are unable to attend work due to illness or injury.
A Medical Certificate is required in the following instances:
- If more than two consecutive days of sick leave or carer’s leave are taken
- If you are absent from work the day before or after a long weekend
- If you are absent the day before or after annual leave commences or ends
An employee must complete a Leave Request Form once they have returned to work and have this signed by his or her Direct Manager. Once signed, the form will be given to the Financial Controller for processing and filing. The Leave form will need to have medical certificates attached, if and when applicable.
All employees (including casual employees) are entitled to compassionate leave (also known as bereavement leave). Compassionate leave can be taken when a member of an employee’s immediate family or household:
Compassionate leave is paid leave taken when a member of the employee’s immediate family or household either dies or suffers a life-threatening illness or injury.
Each employee is entitled to a period of two days paid compassionate leave for each occasion where a family member has died, or the employee needs to spend time with a seriously ill family member. Additional unpaid leave maybe granted at the discretion of management.
Casual employees are entitled to two days’ unpaid compassionate leave for each occasion.
Compassionate leave can be taken as:
- One continuous two day period
- Two separate periods of one day
- Any separate periods as agreed with management
All employees are entitled to take long service leave (LSL) in accordance with the Victorian Long Service Leave Act 2018. Employees are entitled to take long service leave after a minimum of seven years continuous employment with Global Marketplace.
The amount of leave an employee is entitled to take is calculated on one-sixtieth of the period of employment, i.e. number of weeks employment divided by 60 equals the number of weeks entitlement. For example, if you have worked for seven years, convert this to weeks, divide by 60, and this is equal to approximately 6.1 weeks. 6.1 weeks is the long service leave entitlement at that time.
You can request to take LSL at any time after you reach 7 years continuous employment. We will grant your leave as soon as practicable unless there are ‘reasonable business grounds’ for refusing your request. Long service leave can be taken for any period of one day or more. It could be taken all at once or for any period of not less than one day at a time.
Parental leave is leave that applies when a child is born or adopted and it can be taken when:
- You give birth
- Your spouse or de facto partner gives birth
- You adopt a child under 16 years of age
You are entitled to 12 months of unpaid parental leave. You can also request an additional 12 months of leave.
Who is eligible for parental leave?
Everyone is entitled to parental leave. You are able to take parental leave if you:
- Have worked for Global Marketplace for at least 12 months – before the expected DOB or before the date of adoption
- You have or will have the responsibility for the care of a child
If you are a casual employee, to be eligible for unpaid parental leave you need to have:
- Been working for Global Marketplace on a regular and systematic basis for at least 12 months
- A reasonable expectation of continuing work with Global marketplace, had it not been for the birth or adoption of a child
If you have already taken a period of parental leave in connection with the birth or adoption of a child, you don’t have to work for another 12 months before you can take another period of parental leave in relation to another child.
Each eligible member of an employee couple may take a separate period of up to 12 months of unpaid parental leave. However, if only one person is taking leave, or if one member of an employee couple wishes to take more than 12 months leave, the employee may request a further period of up to 12 months, from their employer.
An ‘employee couple’ is where two employees (not necessarily of the same employer) are in a spousal or de facto relationship.
Parental leave is only available to employees who have or will have responsibility for the care of a child. The leave must be associated with:
- The birth of a child to the employee, the employee’s spouse, or the employee’s de facto partner
- The placement of a child under 16 with the employee for adoption
Taking Parental Leave
There are different rules for taking unpaid parental leave, depending on:
- If only one parent takes leave
- If both parents want to take leave at the same time or different times
One Parent Taking Parental Leave
When one parent takes unpaid parental leave, they can take up to:
- 12 months
- 24 months if Global Marketplace agrees
Parental leave must be taken in a single continuous period (e.g. You can’t take leave for six months, return to work, then take another six months leave).
Pregnancy and Leave
If you are a pregnant employee taking unpaid parental leave, it has to start:
- From the birth of the child
- Up to six weeks prior to the expected birth (or earlier if agreed)
Adoption of a Child and Parental Leave
If the leave is adoption related, the parent taking leave has to start their leave period on the date of placement of the child.
Partner Taking Parental Leave
If the employee who isn’t pregnant is the parent taking the unpaid parental leave, the leave must start from the date of birth of the child. The partner can start unpaid parental leave after the birth of the child if:
- They are responsible for the care of the child
- Their pregnant partner is not employed
The leave needs to be taken within 12 months from the birth or the placement of the child.
Both Parents Taking Leave
Working parents may both want to take unpaid parental leave. The parents can be working for the same or different employers.
Parents who are married or in a de facto relationship can take up to eight weeks of unpaid parental leave at the same time. This is referred to as ‘concurrent leave’.
Concurrent leave can start:
- From the DOB or the placement of the child
- Earlier than this date (if agreed to by Global Marketplace)
- Later than this date, but within 12 months of the DOB or placement of the child
Concurrent leave is part of your total unpaid parental leave entitlement. This means that any concurrent leave taken is deducted from the total parental leave entitlement.
An example of both parents taking leave at the same time:
Peter and Leanne both work full-time and are expecting a baby. Leanne plans to take 12 months of unpaid parental leave. Peter also intends to take time off when the baby is born. Leanne’s mum will be staying with them for four weeks when the baby is born to help. Instead of taking eight weeks concurrent leave immediately, Peter and his employer agree that he will take two weeks of unpaid parental leave when the baby is born and another six weeks after Leanne’s mum goes home. This eight weeks of concurrent leave is deducted from their total unpaid parental leave entitlement of 12 months.
Two Parents Taking Leave at Seperate Times
Each parent can take a separate period of up to 12 months of unpaid parental leave. The combined leave cannot be for more than 24 months. Any concurrent leave or keeping in touch days taken are deducted from this overall entitlement.
If the pregnant employee takes unpaid parental leave first, it has to start:
- From the birth or placement of the child
- Up to six weeks prior to the expected birth (or earlier if their employer agrees).
If the employee who isn’t pregnant takes unpaid parental leave first, it has to start on the birth or placement of the child. If the leave is adoption related, one parent has to start their leave period on the date of placement of the child.
In both cases, leave has to be taken in a single continuous period. This means the other parent has to start their unpaid parental leave the next working day after the first parent’s leave ends.
Applying for Parental Leave
An employee needs to give Global Marketplace at least 10 weeks notice, in writing, before starting unpaid parental leave. This notice also needs to outline the amount of leave you intend to take, including start and finish dates.
Leave dates or any changes of dates must be confirmed at least four weeks prior to your leave commencing. Your manager will confirm your leave in writing.
Extending Parental Leave
An employee may request to extend their leave by a further 12 months (up to 24 months in total), unless they are a member of an employee couple and the other member has already taken 12 months of leave. A request to extend leave must be submitted in writing at least four weeks before the end of the original 12 months’ unpaid parental leave.
Global Marketplace will respond in writing within 21 days and may refuse only on reasonable business grounds. The written response will include details if the request is refused.
Adoption of a Child
Global Marketplace recognises that the timing of placement for an adopted child may be uncertain. Employees need to keep his or her manager informed of any changes to the likely placement date and commencement of leave.
Paid Parental Leave
You may also have an entitlement to paid parental leave under the Australian Government Paid Parental Leave scheme which provides government-funded Parental Leave Pay, and Dad and Partner Pay at the National Minimum Wage to employees who meet the eligibility criteria. Please contact the Department of Human Services for more information.
If you have paid annual leave available, you may, in agreement with your manager, take some or all of that leave at the same time as the unpaid parental leave.
Time off work for antenatal appointments, adoption interviews or examinations
Personal leave may be available for attendance at medical appointments. Appointment times and the availability of leave should be discussed with your manager.
You may take up to two days’ of unpaid pre- adoption leave. You must provide notice of the leave including the expected leave period as soon as practicable (which may be after the leave has started). If you require more than two days’ pre-adoption leave, you should discuss this with your manager.
Communication While on Parental Leave
Global marketplace respects that some employees do not want any contact while on leave, and others do. The manager should discuss with the employee what sort of communication the employee would like while on leave, and record this agreement.
While an employee is on unpaid parental leave, Global marketplace will ensure that the employee is considered and kept informed of significant changes that may occur in the business.
Where a decision will have a significant effect on the status, pay or location of the pre-parental leave position, Global Marketplace will take all reasonable steps to inform the employee and discuss the effect of the decision. During any restructures, employees on parental leave will be treated no less favourably than other employees and will be kept informed of the process.
Employees on unpaid parental leave have various entitlements that include:
- Keeping in touch days
- Extending parental leave
- Returning to work earlier than originally expected
- Ending employment during parental leave
Keeping in Touch Days
Keeping in touch days allow an employee who is still on unpaid parental leave to come back to work for a few days. This is a good way for an employee who is caring for a baby or newly adopted child to stay up to date with the workplace, refresh their skills and assist their return to work. An employee on unpaid parental leave gets 10 keeping in touch days. This doesn’t affect your unpaid parental leave entitlement. If you extend your period of unpaid parental leave beyond 12 months, you can take an additional 10 days.
Extending Parental Leave
If you have applied for less than 12 months of unpaid parental leave or taken 12 months of parental leave, you can extend the period of leave once to take your total leave entitlement of up to a maximum of 12 months. You need to give at least four weeks written notice before your leave end, stating your new end date. If your partner is employed, then your request has to also state the amount of unpaid parental leave your partner has taken or will take.
Returning to Work Early
If you are on unpaid parental leave you can shorten your leave, if Global Marketplace agrees. If Global Marketplace do not agree to you returning to work early, then you have to return to work on the agreed date. No notice period is required when an employee and employer agree to the new return date. This doesn’t apply when there’s a still birth or infant death.
Ending Employment During Parental Leave
You can resign while on parental leave but you must give the required notice of resignation as set out in your employment contract.
Employees should not undertake any activity during leave which is inconsistent with the employment contract, including other employment and they should remain responsible for the care of the child.
Time In Lieu
Global Marketplace may offer time in lieu to an employee who is required to work outside their normal hours. Time worked towards time in lieu must be approved in advance unless exceptional circumstances exist, in which case management will consider granting approval after the time is worked.
Leave Without Pay
An employee is entitled to paid leave for jury duty in accordance with legislation. An employee on jury duty should supply the official request to attend, the details of attendance and the amount the court has paid them. Global Marketplace will reimburse the employee the difference between this amount and their base salary. If an employee is absent because of jury duty for more than 10 days, the employee will be paid only for the first 10 days of absence.
Emergency Services Leave
If an employee needs to take temporary absence from work because of voluntary emergency management activities (for example, as a volunteer dealing with an emergency or natural disaster as a member of SES, CFA or Army Reserve) then they should ask management for leave as soon as possible after they become aware of the need to take leave. Global marketplace will support such activities wherever possible, as an important community service. Global Marketplace may require evidence of these activities at its discretion.