(1) This Policy specifies the requirements for the following forms of leave available to eligible staff members employed at Macquarie University: (2) The specific requirements in relation to Parental Leave are set out in the Leave - Parental / Partner's Leave Policy. (3) The University recognises the important role of leave in supporting the wellbeing of staff and having clear principles in relation to the forms of leave available. (4) This Policy applies to all continuing and fixed-term professional and academic staff members employed under the University Enterprise Agreements as well as Senior Staff Members. Section 2 prescribes eligibility and entitlement under each of the University Enterprise Agreements. It does not apply to persons employed by a Controlled Entity (unless they are also employed by the University). (5) The provisions of this Policy do not apply to casual staff members with the exception of long service leave. (6) The eligibility and entitlement to paid leave for Professional Staff Members and Academic Staff Members is prescribed by the University Enterprise Agreements in accordance with Table 1.1 Leave Entitlements. Part-time Professional and Academic Staff Members accrue and are entitled to the leave entitlements set out in this Policy on a pro-rata basis of the full-time entitlement. Eligibility and entitlement to paid leave for Teaching Staff Members and English Language Centre (ELC) Staff Members are prescribed in the Teaching Staff Agreement and the ELC Agreement respectively. (7) Senior Staff Members can generally access the same leave entitlements as Professional and Academic Staff Members subject to any contractual amendments. Leave for Senior Staff Members is subject to the same eligibility and other requirements as specified in this Policy. This does not have the effect of extending the coverage or application of the University Enterprise Agreements to Senior Staff Members. (8) All requests for leave must be submitted and approved through the relevant HR system in accordance with the leave principles documented within each Part of this Policy and the relevant University Enterprise Agreements. (9) All paid leave will count as continuous service, including for the following purposes: (10) Breaks in service of up to three (3) months and approved unpaid leave do not break Continuous Service but do not count as service for the purpose of calculating entitlements. (11) Calculation of any entitlement to annual leave loading will also be adjusted to account for any period of leave without pay exceeding three (3) months. (12) Where a staff member is granted leave at half-pay, leave will accrue on a pro-rata basis of the full-time entitlement during that period. (13) All staff members are required to take a minimum of four (4) weeks annual leave per calendar year (or the full amount of annual leave credited to them if less than four (4) weeks). Fixed-term staff members are required to take their accrued annual leave prior to the end of their employment contract (where practicable). A staff member may apply to defer taking annual leave to enable accrual within maximum limits in accordance with the University Enterprise Agreements. (14) The timing of annual leave must be discussed in advance between the staff member and their Supervisor. (15) Annual leave will usually be requested and approved in advance. A Supervisor may nonetheless approve a retrospective application for annual leave. (16) Approval of annual leave will be at the discretion of the Supervisor who will consider the operational requirements of the work area and personal circumstances of the staff member. (17) The Supervisor, wherever reasonable and practicable, must endeavour to organise workloads to ensure that all staff members have the opportunity to take annual leave in an unbroken period at a mutually convenient time. (18) The Supervisor must not unreasonably refuse an application for annual leave. Where an application for annual leave is declined, the Supervisor should negotiate an alternative period of annual leave with the staff member. (19) Approved annual leave may be taken for periods of one (1) hour or more. (20) Staff members and their Supervisors should work cooperatively to ensure that annual leave is taken regularly and to ensure that annual leave balances are kept within maximum limits as specified in the University Enterprise Agreements. (21) The University may direct a Senior Staff Member to take annual leave if they have more than eight (8) weeks accrued and untaken annual leave by providing at least four (4) weeks written notice. (22) The University Enterprise Agreements set out separate requirements and annual leave balance thresholds for Academic and Professional Staff Members relating to Excess Accumulated Leave. (23) A staff member may submit a written request to their Executive Dean or Head of Office to cash out an amount of annual leave. (24) Approval of a cashing out request is at the absolute discretion of the Executive Dean or Head of Office and any approval must be in writing. No staff member will have more than one cashing out arrangement approved during the life of the relevant University Enterprise Agreement. (25) The University Enterprise Agreements set out additional requirements for Academic and Professional Staff Members. (26) Where a staff member becomes ill, injured, or incapacitated during a period of annual leave they may, in accordance with the Personal Leave provisions below, and on production of supporting documentation, take personal leave for the period of their illness or injury. In this circumstance, Annual Leave will be re-credited and Personal Leave debited. (27) Annual leave will not be re-credited where the staff member: (28) Academic and Professional Staff Members are entitled to an annual leave loading on the first payday in December each year in accordance with the University Enterprise Agreements. (29) Public holidays will be paid where they fall within a period of approved annual leave and will not be deducted from the staff member’s leave balance. (30) Academic and Professional Staff Members employed on a continuing basis or on a fixed-term appointment of more than 12 months may purchase up to four (4) weeks additional leave in accordance with the University Enterprise Agreements. (31) Further detail and conditions related to purchased leave are set out in the University Enterprise Agreements. (32) Purchased leave is also available to Senior Staff Members employed on a contract with a term of more than 12 months in accordance with this Policy and subject to the same conditions which apply to Academic and Professional Staff Members. (33) Personal Leave covers: (34) Personal Leave is not available for routine medical or dental appointments for a staff member or their family member. A staff member is required to make other appropriate arrangements (usually flexibility around work hours that day or time in lieu) with their Supervisor in these circumstances. The only exception is where the medical appointment is directly related to a staff member’s absence due to illness or injury. (35) Senior Staff Members have access to the same Personal Leave entitlements as Academic and Professional Staff Members in accordance with this Policy. (36) Staff members are entitled to take Sick Leave when they are unable to attend work due to a personal illness or injury. (37) The University recognises that illness or injury can be physical and/or mental and is committed to supporting staff who are unable to attend work due to mental illness. (38) Sick Leave is not available if a staff member is receiving workers compensation payments in respect of their absence. (39) Other Personal Leave can be accessed by eligible staff members to provide care or support to a Family Member who requires care or support because of: (40) The approval of Personal Leave is subject to a staff member being responsible for the care of the Family Member concerned. (41) A staff member generally cannot take personal leave where another person is responsible for the care of the same Family Member unless they can demonstrate a genuine need. (42) Staff members who need to provide ongoing care and support to a Family Member suffering from a chronic illness or injury should consider applying for alternative appropriate forms of leave or flexible or alternative working arrangements as agreed with their Supervisor. Staff members may access alternative arrangements provided for in the University Enterprise Agreements and this Policy to assist with the management of longer-term family responsibilities. This could include: (43) Where a Family Member contracts or develops a life-threatening illness or injury or dies, a staff member may access Personal Leave for the purpose of: (44) A staff member may access a maximum of five (5) days Personal Leave per occasion. (45) Staff members may access Personal Leave to remove their household property and move to a new residence. (46) In ordinary circumstances, Personal Leave for moving to a new residence will be limited to one day per year. (47) Staff members are expected to provide reasonable notice to their Supervisor. (48) The University will support a continuing staff member’s participation in volunteer activities with authorised organisations and groups in the community by: (49) To assist with organisational demands, staff members are required to discuss their intentions for accessing Community Volunteering leave with their Supervisor. (50) To assist staff members affirming their gender, Personal Leave may be accessed for absences related to gender affirmation. This may include leave for surgical and medical appointments, as well as legal and administrative appointments (such as updating government documentation and identification). More information on gender affirmation and guidelines for staff members is available through the Workplace Diversity and Inclusion team. (51) A staff member must notify their Supervisor as soon as reasonably practicable that they are unable to work and the expected period of Personal Leave. (52) A staff member is not entitled to Personal Leave if they fail to provide notice as soon as reasonably practicable. (53) A staff member who exhausts their entitlement to Sick Leave or Other Personal Leave may access any accrual they have available for the other form of Personal Leave. (54) Personal Leave may be taken for periods of one (1) hour or greater. (55) A Supervisor may request supporting documentation in relation to any application for Personal Leave, including to substantiate the reason for any absence. (56) A staff member applying for Personal Leave in excess of four (4) working days is required to provide a medical certificate or other supporting documentation deemed appropriate by the University to support the leave application. (57) A staff member may be required to provide certification that they are fit to return to work where the University has concerns regarding their fitness for work and/or where the staff member seeks to return to work before the date specified on the medical certificate. (58) A staff member who fails to provide supporting documentation as required by this Policy or requested by their Supervisor is not entitled to Personal Leave. Any absence in these circumstances will be treated as leave without pay unless the staff member applies for and is granted an alternative form of paid leave. (59) The University will manage excessive absenteeism in a manner that takes into account individual circumstances. Repeated instances of unsupported absences will be managed in accordance with the University Enterprise Agreements. (60) Supervisors of staff members with a pattern of unsupported absenteeism are encouraged to seek support and guidance from their relevant HR client team. (61) In some circumstances, a staff member returning to work from personal leave may request workplace adjustments and the University will consider any such request. This will be managed through the University Health Management Advisor and in consultation with the staff member and their treating medical practitioner(s). (62) Arrangements for workplace adjustments are intended to facilitate a safe and sustainable return to full duties and will generally be offered on a temporary basis. (63) Workplace adjustments may include (but are not limited to) flexible hours of work, change to work location or travel arrangements, modified equipment, or alternative duties. (64) All workplace adjustments will be considered and assessed taking into account both the individual needs of the staff member and operational requirements. (65) Academic and Professional Staff Members are entitled to long service leave in accordance with the University Enterprise Agreements. (66) Senior Staff Members have access to the same long service leave entitlements as Academic and Professional Staff Members in accordance with this Policy. (67) For the purpose of calculating long service leave entitlements, calendar day includes all days in a month, including weekends and public holidays. (68) A staff member whose services are terminated by the University and who has completed at least five (5) years, but less than ten (10) years’ continuous service will be entitled to long service leave in accordance with the Long Service Leave Act 1955 (NSW). Any entitlement will be calculated on a pro-rata basis of two (2) months leave for ten (10) years’ service. (69) Leave without pay totalling less than six (6) months will count as service for long service leave eligibility. Leave without pay totalling more than six (6) months will not be counted as service for long service leave eligibility. (70) Prior continuous paid service with some other higher education institutions will be recognised for the purpose of determining long service leave eligibility in accordance with the relevant provisions in the University Enterprise Agreements. The same conditions for the recognition of prior service apply to Senior Staff Members in accordance with this Policy. (71) Staff seeking to have prior service recognised should make a request in writing to their HR client team as soon as possible after commencing employment with the University. (72) Public holidays will be paid where they fall within a period of approved long service leave (in accordance with the provisions of Fair Work Act 2009 and the Long Service Leave Act 1955. (73) The timing of long service leave must be discussed in advance between the staff member and their Supervisor. (74) Long service leave must be requested and approved in advance. (75) Approval of long service leave will be at the discretion of the Supervisor who will consider the operational requirements of the work area and personal circumstances of the staff member. (76) A Supervisor, wherever reasonable and practicable, must endeavour to organise workloads to ensure that all staff members have the opportunity to take long service leave in an unbroken period at a mutually convenient time. (77) The Supervisor must not unreasonably refuse an application for long service leave. Where an application for long service leave is declined, a Supervisor must negotiate an alternative period of long service leave with the staff member. (78) Approved long service leave may be taken for periods of one (1) working week or more. (79) A staff member may apply to take long service leave on half pay. A staff member granted long service leave on half pay will accrue long service at a pro-rata rate of the full-time entitlement during that period. (80) Where a staff member becomes ill, injured, or incapacitated for one week or more during a period of long service leave, the staff member will be entitled to payment of Personal Leave upon production of supporting documentation in accordance with Part C - Personal Leave of this Policy. In this circumstance, long service leave will be re-credited and Personal Leave debited. (81) Long service leave will not be re-credited where the staff member: (82) Where a staff member becomes ill, injured, or incapacitated during a period of annual leave they may, in accordance with the Personal Leave provisions below, and on production of supporting documentation, take personal leave for the period of their illness or injury. In this circumstance, Annual Leave will be re-credited and Personal Leave debited. (83) Staff members may accrue a maximum of four and a half (4.5) months long service leave before they may be required to take a minimum of six (6) weeks long service leave. The University will provide the staff member with twelve (12) months written notice of this requirement. (84) The University is committed to supporting staff members who may be affected by Family or Domestic Violence as defined in the University Enterprise Agreements. (85) Academic and Professional Staff Members who are affected by Family and Domestic Violence may access up to twenty (20) days of paid Family and Domestic Violence Leave (or pro-rata equivalent for part-time staff members). (86) The same provisions are available to Senior Staff Members. (87) Further information and resources for staff members who may be experiencing Family or Domestic Violence and their Supervisors are available here. (88) Community Leave may be granted to Academic and Professional Staff Members in accordance with the relevant provisions in the University Enterprise Agreements. Senior Staff Members may also be granted Community Leave in accordance with this Policy and consistent with the requirements stipulated in the University Enterprise Agreements for Academic and Professional Staff Members. (89) Community Leave incorporates the following: (90) The University values the cultural and religious diversity of its community. (91) Supervisors will seek to support staff members by considering applications for appropriate leave (such as annual leave or leave without pay) or other arrangements to accommodate the observance of holy days or attendance at essential religious, cultural, or ceremonial duties associated with the staff member’s faith or culture. (92) Staff members must provide appropriate documentation to their Supervisor. Leave may be granted at the discretion of the Supervisor. (93) A staff member who is an Aboriginal and Torres Strait Islander Person (as defined in the University Enterprise Agreements) is entitled to up to five (5) days paid leave and ten (10) days leave without pay per annum to fulfil ceremonial obligations. Such obligations may include: (94) Aboriginal and Torres Strait Islander Persons are also entitled to one (1) day of paid leave per annum to participate in NAIDOC celebrations. (95) Paid leave for the following educational activities is available to eligible staff members in accordance with the University Enterprise Agreements and this Policy: (96) Education leave entitlements do not accrue cumulatively year to year. Details on eligibility and entitlement are set out in the table below. (97) The granting of special leave is at the absolute discretion of the University and is only available after all other paid leave is exhausted. Any exception to the requirement to use all other paid leave first, will require the approval of the Executive Dean or Head of Office and the Chief People Officer. (98) Special leave may also be accessed as part of a gender affirmation plan. This time will be used to notify key stakeholders, update Macquarie University systems/documents and organise relevant training for colleagues. (99) Special leave will be granted for a maximum period of four (4) weeks at any one time and requires the written approval of: (100) The University may consider applications for leave without pay at its absolute discretion and subject to operational requirements. (101) It is expected that a staff member will normally exhaust all available paid leave entitlements before commencing a period of leave without pay. (102) A staff member seeking approval for leave without pay must make a request in writing. The request must be approved by the relevant member of the Executive Group, Head of Office, or Faculty Executive Director. (103) Any applications for leave without pay for a period exceeding twelve (12) months must also be approved by the Chief People Officer. For Academic Staff, the Deputy Vice-Chancellor (Academic) must be consulted prior to approval by the Chief People Officer. (104) Staff members who are not required for duty will be allowed to take the declared public holidays in New South Wales or the day proclaimed as the corresponding public holiday without loss of ordinary pay. These days are: (105) Professional Staff Members who are required to work on a public holiday will be paid at the applicable penalty rate under the Professional Staff Agreement or be able to take an alternative day off. (106) Academic and Professional Staff Members are entitled to be absent from work without loss of pay between 26 December and 1 January in accordance with the University Enterprise Agreements. These days are referred to as University Concessional Days. (107) Senior Staff Members will have the same entitlement as Academic and Professional Staff Members in accordance with this policy. (108) A staff member on a period of paid leave (excluding Long Service Leave and Parental Leave) on a University Concessional Day will not have the day deducted from their leave balance. A staff member who is on a period of unpaid leave on a University Concessional Day is not entitled to payment for that day. (109) Staff members who are required to work on a University Concessional Day will be paid at their Ordinary Rate of Pay and be able to take an alternative day off. Work on a University Concessional Day does not automatically attract overtime or other penalty rates under the Enterprise Agreements (unless they would otherwise apply). (110) Nil. (111) Nil. (112) The following definitions apply for the purpose of this Policy:Leave Policy
Section 1 - Purpose
Background
Scope
Section 2 - Policy
Eligibility and Entitlement
Table 1.1 Leave Entitlements
Applying for Leave
Continuity of Service
Part A - Annual Leave
Taking Annual Leave
Excess Accumulated Leave
Cashing out Annual Leave
Re-crediting Annual Leave
Annual Leave Loading
Public Holidays and Annual Leave
Part B - Purchased Leave
Part C - Personal Leave
Sick Leave
Other Personal Leave
Family or Carer Responsibilities
Compassionate Leave
Moving to a New Residence
Community Volunteering
Personal Leave for Gender Affirmation
Taking Personal Leave
Supporting Documentation
Medical Certificate
Return to Work and Medical Certification
Excessive Absenteeism
Workplace Adjustments and Return to Work
Part D - Long Service Leave
Terminated Services
Continuous Service and Recognition of Prior Service
Public Holidays
Taking Long Service Leave
Recrediting Long Service Leave
Excessive Long Service Leave
Part E - Family and Domestic Violence Leave
Part F - Community Leave
Part G - Religious, Cultural, and Ceremonial Leave
Leave for Aboriginal and Torres Strait Islander Staff Members
Part H - Education Leave
Part I - Special Leave
Part J - Leave Without Pay
Part K - Public Holidays and University Concessional Days
Public Holidays
University Concessional Days
Section 3 - Procedures
Section 4 - Guidelines
Section 5 - Definitions
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Type of Paid Leave
Eligibility and Entitlement for Academic Staff Members in accordance with the Academic Staff Enterprise Agreement 2018
Eligibility and Entitlement for Professional Staff Members in accordance with the Professional Staff Enterprise Agreement 2018
Annual Leave
Personal Leave
Long Service Leave
Parental Leave (please refer to the Leave - Parental / Partner's Leave Policy)
Family and Domestic Violence Leave
Community Leave
Religious, Cultural and Ceremonial Leave
Study and Graduation Leave
Special Leave
Purchased Leave
Leave Without Pay
Public Holidays and University Concessional Days
Type of Community Leave
Entitlement
Conditions
a. Living Organ Donation
For the duration of the Federal Government Living Organ Donation Scheme and where a medical practitioner confirms a staff member is able to proceed with organ donation surgery, the University will:
i. regard the staff member as being on authorised absence from duty while they undergo and recover from the surgery, for a period of up to six (6) weeks; and
ii. make payments equivalent to the difference between any payments received under the Federal Government Living Organ Donation Scheme and the staff member’s Base Salary for a period of up to six (6) weeks.
A staff member must notify their Supervisor as soon as possible of their intention to donate a kidney or partial liver and provide appropriate supporting documentation.
b. Jury Service
Paid leave for staff members who attend compulsory jury service at the ordinary rate of pay they would have received had they worked during the period of service.
A staff member who is summoned as a prospective juror must notify their Supervisor as soon as possible of the date or dates they are required to attend for jury service.
The staff member must also provide:
i. proof of attendance;
ii. evidence regarding the duration of attendance; and
iii. the amount received in respect of such jury service (other than meals and/or travel allowances).
Leave will be paid upon the University receiving proof of attendance and reimbursement of monies received.
c. Leave for Attendance as a Crown or University Witness
Authorised paid absence for staff members required to attend legal proceedings as a Crown Witness or witness on behalf of the University or as a witness in proceedings related to a University industrial instrument.
Authorised paid absence is subject to the following conditions:
i. fees received (other than out of pocket expenses) for attendance as a Crown Witness must be paid to the University; and
ii. a staff member must provide appropriate supporting documentation if requested by the Supervisor.
d. Volunteer Emergency Services Leave
Paid leave to a staff member to assist in emergency services and disaster relief or related training.
Examples of voluntary emergency services include:
i. the State Emergency Service
ii. St John Ambulance
iii. the Rural Fire Service
Approval of Volunteer Emergency Services Leave is subject to the following conditions:
i. the staff member must advise their Executive Dean or Head of Office as soon as possible of call-in to emergency services or disaster relief and the estimated duration of their absence;
ii. the staff member is not required by the University for essential operations or emergency services;
iii. the staff member must provide written certification from the voluntary organisation that they were required for the specified period.
e.Defence Force (Reserve Forces) Leave
Staff members serving on a part-time basis in the Australian Reserve Forces will be entitled to:
i. up to sixteen (16) calendar days paid leave for annual training; and
ii. up to sixteen (16) calendar days paid leave for attendance at a school, class, or course of instruction.
A further period of up to four (4) days may be granted upon request from the Commanding Officer of the Reserve Unit.
Approval of Defence Reserve Leave is subject to the staff member providing appropriate documentary evidence from the applicable Reserve Forces.
Type of Leave
Eligibility
Entitlement
Other Conditions
a. Study Leave
Professional Staff Members
As set out in the Professional Staff Agreement
Eligibility will be based on the relevance of the course to the staff member’s employment with the University (current or potential).
The staff member must discuss their study plans with their Supervisor as soon as practicable and provide sufficient information and supporting documentation to enable the Supervisor to consider approval.
Study time will generally not be granted to repeat a subject, except in exceptional circumstances, such as where the staff member has been forced to repeat a subject due to illness or on compassionate grounds.
Study leave will only be granted during teaching periods in the relevant course.
The staff member will meet all costs associated with the course of study.
b. Examination Leave
Professional Staff Members
As set out in the Professional Staff Agreement
As set out in the Professional Staff Agreement
c. Graduation Ceremony Leave
Academic Staff Members and Professional Staff Members
As set out in the Academic Staff Agreement and Professional Staff Agreement respectively
As set out in the Academic Staff Agreement and Professional Staff Agreement respectively