11 LEAVE, ABSENCES AND LEAVE MANAGEMENT

11.01 Calculation of Leave

11.02 Annual Leave

11.02.02 Your annual leave accrues on a daily basis as follows if you are not casual:

• General and Academic staff - 140 hours (4 weeks) a year;
• 7 day continuous shift workers - 175 hours (5 weeks ) a year;
• and pro rata for part-time staff.

11.02.03 You will not be paid an additional payment for annual leave if you are a casual Academic staff member.

11.02.04 You will be paid annual leave as an additional 1/12th on the hourly casual rate if you are a casual General staff member.

11.02.05 You may apply to take accrued annual leave under this clause at any time, with 1 hour being the smallest period. Your leave will be on full pay, at the ordinary rate, as well as any public holiday occurring during the annual leave.

11.02.06 You must apply on annual leave forms for approval before the commencing date of the leave. Approvals on the forms will be recorded in the Personnel Management Information System and your available balance will be shown on your pay advice, in reports for Heads and used for payment when your employment ends.

11.02.07 You may ask for approval for annual leave with:

• absences on duty, such as OSP, a conference, or fieldwork;
• absences off duty; or
• absences on other forms of leave.

• wherever it is reasonable and practicable, will make sure that you may take your annual leave in an unbroken 4-week period;
• will take your wishes into account but:
  • you should take leave outside teaching periods and peak workload periods;
  • you may be allowed to take leave during teaching or peak workload periods if satisfactory arrangements have been made;
  • the Head may tell you:
    • to take available leave at a time that is convenient to the working of the unit.
    • to take a period of 2 weeks annual leave each year, if handling money. This is an audit precaution;
    • that you should take no more than 10 single annual leave days each year;
    • that you should take a period of at least 2 weeks annual leave each year.

11.02.10 You will forfeit annual leave above this limit but before you do so:

• the Head will tell you in writing that the leave will be lost unless you start taking it within 1 month of receiving the advice;
• you will be given the opportunity to take the annual leave.

11.02.12 If your employment ends for any reason you will be paid for any annual leave to credit up to the limit of 280 hours.

11.02.13 If you die, the monetary value of your annual leave credit up to the limit of 280 hours will be paid to your estate.

11.02.14 If you are absent from duty on leave without pay (including parental leave without pay) for more than 15 days in any calendar year, you will not accrue annual leave during the absence.

11.02.15 You will accrue annual leave if you are on leave without pay for an incapacity for which compensation has been authorised under the Workplace Injury Management and Workers' Compensation Act 1998.

11.02.16 If you are on leave on half pay, you will accrue annual leave at half the rate.

11.02.17 If you are sick when on annual leave, sick leave will be approved if you have a medical certificate and you will be re-credited with the leave unless you are on leave before retirement, resignation or termination of service.

11.03 Annual Leave Loading

11.03.02 If you are an Academic staff member, your payment will not exceed the Statistician's 'average weekly total earnings of all males - (Australia)' for the September quarter in that year.

11.03.03 If you are a General staff member, your payment will not exceed the loading on the salary for Step 4 in Band 1 of Level 10.

11.03.04 Your loading is based on your ordinary rate of pay.

11.03.05 If you start after 1 January, you will receive a pro rata annual leave loading payment for your completed continuous service in that year.

11.03.06 If your employment ends for any reason before 31 December, you will receive a pro rata annual leave loading payment for your completed continuous service in that year.

11.03.07 If part-time, you will receive the loading on a pro rata basis.

11.03.08 If you are absent from duty on leave without pay (including parental leave without pay) for more than 15 days in any calendar year, you will not receive an annual leave loading payment for the period of absence.

11.03.09 If you are on leave on half pay, you will accrue annual leave loading at half the rate.

11.04 Sick Leave

11.04.02 The needs based sick leave is a safety net but will not give fully paid leave if you have a condition requiring your absence for an uncertain time.

11.04.03 An equitable return to work plan will be considered for you, after consultation with you and, with your permission, your medical practitioners. This will occur when you are on sick leave and have already received 13 consecutive weeks of paid sick leave at the ordinary rate for a particular condition but you may ask that it start at an earlier stage of your illness.

11.04.04 Your return to work plan may involve:

• approval of paid sick leave beyond the 13 weeks and up to a limit for that illness decided after considering the advice of the medical practitioners, your history of sick leave related to the condition, and your length of service; and/or
• a period of sick leave without pay for up to 12 months in the first instance, which can be extended to up to 3 years, while keeping your right to return to a University position; and/or
• the use of an accredited rehabilitation provider to begin a rehabilitation management plan and the provision of reasonable adjustment to the workplace that will allow you:
  • to return to duties; or
  • to return to part-time duties, either temporarily or for a longer term; or
  • to return to reasonable and agreed duties until you can return to normal duties; or
  • to be redeployed, using procedures in this Agreement, in a more suitable position at the same Level or at a lower Level, with salary maintenance for 12 months.

Taking Sick Leave

11.04.06 You may take sick leave for periods of one hour or greater. Shorter periods may be managed through local arrangements.

11.04.07 If you are sick on a public holiday, which would otherwise be a working day, you will be given sick leave.

11.04.08 If you cannot come to work due to illness you must tell the supervisor or other relevant person, when practicable, giving an estimate of the length of the absence.

11.04.09 If you leave work due to illness, you must tell your supervisor or other relevant person before doing so, unless there are good reasons why this is not possible.

11.04.10 If you are absent on sick leave for more than 3 consecutive days, you must provide a medical certificate showing the nature of the illness and stating the dates on which you are unable to work.

11.04.11 A medical certificate for sick leave above 5 consecutive days must be from a registered medical practitioner.

11.04.12 Medical certificates up to 5 consecutive days will be accepted from a registered Chiropractor, Osteopath, Physiotherapist, Psychologist, Dental Practitioner, Optometrist, or Oral and Maxillo Facial Surgeon. Certificates from other health practitioners will be considered on their merits.

11.04.13 The University will accept certificates that comply with principles set out by the New South Wales Medical Board to ensure quality, accuracy and truthfulness in medical certificates. These are:

• 'the certificate should be dated with the date on which it was written and back dating or post dating is unacceptable;
• the certificate should only contain the doctor's own observations of the patient and any reference to symptoms referred to by the patient but not observed should be clearly identified;
• confidentiality is the patient's right and details may not be included without the patient's consent.' (Generally, an employer is not bound to accept a certificate, so you should be aware of the amount of detail likely to be required to satisfy the University);
• 'estimates of days off work required must be based on careful clinical assessment'.

11.05 Long Service Leave

• at the end of 10 years full-time service - 3 months leave;
• for service between 10 and 15 years - 9 calendar days per year of service;
• at the end of 15 years full-time service - 41/2 months (accrued proportionately on above basis); and
• at the end of each additional year of full-time service after 15 years - 15 calendar days per year of service above 15 years.

11.05.03 If you have had at least 5 years but less than 10 years service, and your services are ended:

• by the University for any reason other than for persistent and unresolved unsatisfactory performance or serious misconduct; or
• by you because of:
  • retirement; or
  • illness or incapacity; or
  • domestic or other pressing necessity,
  • or by your death;

11.05.04 You are eligible for long service leave on a pro rata basis for casual work after 9 May 1985 if you are a long-term casual with 5 years service.

11.05.05 If part-time, you will be entitled to the benefits on a pro rata basis.

11.05.06 To work out eligible service:

• if any period (or periods) of leave without pay given to you totals more than 6 months, the amount over 6 months will not count as service;
• service as a casual at the University after 9 May 1985 may also be counted;
• your leave for service in the Defence Forces counts as service;
• your service at other universities will count under 11.05.09.

11.05.08 If you have been full-time at some times and part-time at others, your long service leave will be worked out as the full-time equivalent of the full-time and part-time service over your whole employment.

Recognition of Prior Service

11.05.09 To work out your long service leave eligibility, all prior continuous paid service with other higher education institutions will be recognised on the following basis if you were employed by the University:

• on or after 1 January 1974 from those Australian universities which grant transferability of long service leave to staff from the University, except for service before 1 January 1969;
• up until 30 April 1977 from those New South Wales universities for whom all continuous paid service with bodies recognised by those Universities will be also counted;
• on or after 1 June 1988 from Colleges of Advanced Education;
• from the Australian Vice-Chancellor's Committee;

• there must be continuity of employment between all positions you held, except that a break of up to 3 months will be accepted;
• prior service at an overseas university will not be recognised;
• if you have taken long service leave or are eligible to be paid or have been paid instead of long service leave by the releasing university, you will not carry across any credit for the leave taken or paid, but under these conditions the period will count as qualifying service to work out when you are eligible to take long service leave;
• you must serve at least 3 years with the University before you may take accrued long service leave or be paid at the end of your employment, except if you retire or die.

Taking Long Service Leave

11.05.11 You may take long service leave with at least 1 month's written notice or less if the Head agrees.

11.05.12 If you apply for 1 month or less, the smallest period that you can take is 7 calendar days and the leave must be in multiples of 7 calendar days, unless there are special circumstances.

11.05.13 Public holidays or concessional days that fall in or at the end of your long service leave will be deducted from your long service leave balance.

11.05.14 You may apply to take long service leave on half pay, which reduces the accrued long service leave eligibility by half the period taken.

11.05.15 All payments for long service leave are met from a central account, except that part that relates to a market loading. This will allow the provision of essential replacement of absent staff.

11.05.16 If you are sick for 1 week or more when on long service leave, sick leave will be approved if you have a medical certificate and you will be re-credited with the leave unless you are on leave before retirement, resignation or termination of service.

11.05.17 If you die before taking your long service leave or if, after having started your leave, you die before its end, the monetary value of the leave not taken or not completed (and not paid in advance) worked out at the rate of salary you were receiving at the time of your death will be paid to your estate.

11.05.18 If your accrued long service leave is over 4.5 months, you may be told to take up to 3 months and:

• you will be given 12 months minimum written notice;
• the smallest period which you may be told to take is 6 weeks; and
• you will not have to take a further period for 2 years after the end of that period of leave.

11.05.20 In the same way, you may be allowed to defer the leave if you have firm plans to take it at a particular time.

Cashing Out of Long Service Leave

11.05.21 Recognising that all staff may have personal financial emergencies, if you are entitled to long service leave under 11.05.01, you may apply to be paid the monetary value of part or all of the long service leave worked out at the salary that you were receiving when you applied.

11.05.22 This overrides any provision of the NSW Long Service Leave Act 1955 that is inconsistent with this clause.

11.06 Leave Without Pay

11.06.02 You may apply for leave without pay up to 15 days if full-time (or pro rata), without needing to use annual and/or long service leave credits.

11.06.03 You may apply for leave without pay between 15 days and 6 months if full-time (or pro rata) for:

• personal reasons and you have no annual or long service leave credits available; or
• your personal development, if the University does not think that absence on duty is appropriate; or
• compassionate purposes, where family responsibility leave is not appropriate, and you wish to keep leave credits.

• personal reasons; or
• your personal development, if the University does not think that absence on duty is appropriate; or
• compassionate purposes, for which family responsibility leave is not appropriate, and you wish to keep leave credits.

• you will use annual leave and long service leave credits available, if leave is for personal reasons, unless the Head recommends that you keep these credits;
• you will agree to meet any additional superannuation costs; and
• your supervisor confirms that satisfactory arrangements may be made to meet the needs of the Division or Office.

11.06.07 If any period (or periods) of leave without pay (excepting parental leave without pay) in the review period is greater in total than 15 days if full?time (or pro rata) your increment date will be advanced by a period equal to the whole period of leave without pay.

11.06.08 If any period (or periods) of leave without pay (including parental leave without pay) is greater in total than 6 months, the excess over 6 months will not count as service for long service leave.

11.06.09 If you are given long service leave on half pay or parental leave on half pay, your long service leave will accrue at the full rate for that period.

11.06.10 If you are absent from duty on leave without pay (including parental leave without pay) for more than 15 days in any calendar year, you will not accrue annual leave for the period (or periods) of absence. (Your rights to annual leave loading will be adjusted in the same way.)

11.06.11 If you are on long service leave on half pay or parental leave on half pay, you will accrue annual leave at half the rate.

11.06.12 You will accrue annual leave if you are on leave without pay for an incapacity for which compensation has been approved under the Workplace Injury Management and Workers' Compensation Act 1998.

11.06.13 Public holidays will be paid where they fall in a period of approved leave without pay of up to 10 days if full-time (or pro rata).

11.07 Pregnancy and Parental Leave and EEO

11.07.02 If your duties or working arrangements are changed because of pregnancy but without your request or agreement, this could be:

• a breach of the Occupational Health and Safety Act 1983; or
• unlawful discrimination.

11.07.04 Your career opportunities will not be affected by your absence on parental leave. The Head will make sure that vacancies are brought to your attention and that you are sent Staff News.

11.07.05 You will be encouraged to take part (on duty) in team meetings, training courses and other activities to help you to return to work.

11.07.06 When you return, you will be given a local induction briefing on the latest developments in the matters covered in the induction of new staff.

OH&S Considerations and Reasonable Adjustment

11.07.07 If you are pregnant or breast-feeding and have difficulty in performing your normal duties or if a registered medical practitioner thinks that there is a risk because of the pregnancy or breast-feeding to your health or that of your unborn or new born child, the Head should consult with you and with your agreement take all reasonable measures to arrange safer duties.

11.07.08 The Head will arrange for a risk assessment of your workplace and work activities and will temporarily change your working conditions or hours of work if there is a risk.

11.07.09 These changes may include greater flexibility in when and where your duties are carried out, a temporary change in your hours and/or duties, retraining, and work design.

11.07.10 If a change is not possible or cannot reasonably be made, the Head will arrange to move you to suitable work at the same Level. On the other hand, you may agree to a working at home agreement for a given period.

11.07.11 If the changes in 11.07.08 or 11.07.10 cannot reasonably be made, the Head will give you sick leave or parental leave until your child is born or for as long as a medical practitioner certifies that you need to avoid the risk.

Commencing Parental Leave and Coming back to Work

11.07.12 You decide at what stage of your pregnancy you choose to stop work, and how soon you return to full-time or part-time duties after giving birth, as long as the matters in 11.07.07/11 are considered and you give the notice in 11.08.

Leave before Parental Leave

11.07.13 You may take sick leave if you are sick during pregnancy. The leave will stop at the end of the working day before your nominated period of parental leave or on the working day before the date of birth of your child.

11.07.14 You may take annual leave, long service leave or leave without pay before taking parental leave.

Right of Return to Former Position after Parental Leave

11.07.15 You have the right to your former position:

• if you resume duty within 12 months; or,
• if, having taken part-time leave, or a mix of full-time and part-time leave, you return at once after the leave and within 2 years.

11.07.17 You will be fully consulted under Clause 16 if your position will no longer be available due to organisational change. The University will redeploy you to a position at the same level and salary when possible and you will keep your existing salary and entitlements in the meantime.

Nursing Mothers

11.07.18 The University recognises your right as a nursing mother to a clean environment, safe from hazardous chemicals and materials.

11.07.19 You will be given support to continue with breast-feeding, if that is your choice. Comfortable, private facilities will be built into existing first-aid rooms. You may take breaks for expressing and storing breast milk and to breast feed if your child is in nearby care.

Further Pregnancy

11.07.20 If you become pregnant on parental leave you will be entitled to a further period of parental leave. The conditions in 11.08 apply to the second period of leave but any remaining leave from your former pregnancy lapses.

11.08 Parental Leave

11.08.02 'Long parental leave' is unpaid leave while you are the child's primary care giver and which, combined with your partner's parental leave and other leave taken for the birth or adoption of the child, including short parental leave in 11.08.18, does not exceed 52 weeks full-time leave.

11.08.03 You are the primary care giver if you are the parent with primary responsibility to care for your child, and must state this in your application.

11.08.04 If you have had at least 40 weeks continuous paid service with the University or are a long-term casual, you are entitled to take up to 52 weeks of unpaid leave less any period of paid leave taken under this clause for:

• the birth of a child to yourself or your partner; or
• the placement of a child with you for adoption.

• full-time for up to 52 weeks;
• part-time for up to 2 years; or
• partly full time and partly part time over a proportionate period.

11.08.07 If you are not casual and have been employed for less than 40 weeks, you may be eligible for unpaid parental leave up to a limit of 52 weeks. Approval will depend on the needs of the University then.

11.08.08 You may begin unpaid parental leave up to 2 years from the date of birth or adoption of your child.

11.08.09 Parental leave is available if you are in a same sex relationship.

11.08.10 You may apply for parental leave to adopt a child under 5:

• who is not the natural child or stepchild of yourself or your partner;
• who had not, at the proposed date of placement, lived with you for a continuous period of more than 6 months.

• at least 10 weeks written notice of the estimated date of birth; and/or
• at least 4 weeks written notice of your parental leave.

Changes before Starting Leave

11.08.13 You may change the period of leave or any part-time arrangement any number of times before you actually start parental leave.

Changes while on Leave

11.08.14 You may change the period of parental leave or any part-time arrangement while on leave once without the agreement of the Head and any number of times if the Head agrees. You must give the Head 15 working days notice of each change if possible.

11.08.15 You should not take parental leave at the same time as your partner except for:

• 1 week taken by your partner immediately after the birth under 11.08.18; or
• paid parental leave shared by you and your partner when the child has been placed with you for adoption.

Leave to Go to Interviews or Examinations

11.08.17 If you adopt a child, you may take up to two days paid leave to go to interviews or examinations as part of the adoption procedure, whether or not you are to be the primary care-giver.

Leave for Expected Childbirth

11.08.18 You are entitled to up to one week of paid parental leave when your partner gives birth and you should tell your Head in time to allow necessary arrangements to be made.

11.08.19 If your partner's child is born prematurely, you may start parental leave from the date of birth and earlier leave arrangements should be varied.

11.08.20 You can still take the paid leave if the pregnancy results in a miscarriage or the birth of a child who does not survive.

Entitlement to Paid Parental Leave

11.08.21 If you have 40 weeks continuous paid service in the University or are a long-term casual, immediately before the start of parental leave, you may take paid parental leave under this clause.

11.08.22 If you start paid parental leave before the end of a fixed-term or long-term casual appointment, you will be paid for the full period of leave and, if needed, your contract will be extended.

11.08.23 If you take paid parental leave to give birth or as the primary care giver of your adopted child, you will be paid at the ordinary rate:

• for the first 12 weeks of your absence; or
• for the whole of a shorter absence.

11.08.25 If you are part-time or a long-term casual and eligible for paid parental leave, you will be paid pro rata for that leave.

11.08.26 If you return to work earlier than the period of paid leave your right to paid leave will be reduced as a result.

11.08.27 Parental leave taken will be paid at your substantive salary. If you changed temporarily to a reduced hours position because of the pregnancy, the salary paid will be for the hours of work before they were reduced.

Taking Custody of Your Adopted Child

11.08.28 Parental leave will start from the date on which you take custody, even if this is before the date of the court order.

11.08.29 If you wish to stop duty before the date of taking custody, you may take available annual leave, long service leave, or leave without pay.

Payment of Salary

11.08.30 You may be paid for parental leave on a normal fortnightly basis at full pay, half pay or a combination of full and half pay, over a period of up to 24 consecutive weeks.

11.08.31 The salary costs of paid parental leave are met from a central account. This allows the provision of essential replacement for absent staff.

Effect on Other Entitlements

11.08.32 Your paid parental leave on full pay will count in full and parental leave paid at half pay will count on a half time basis for your accrual of annual leave.

11.08.33 Your parental leave without pay will be treated as leave without pay under 11.05.05 to work out your service for long service leave.

11.08.34 Parental leave without pay taken counts as service for incremental purposes.

11.08.35 Public holidays during parental leave will be part of your 52 weeks parental leave. Public holidays during paid parental leave will be paid at the ordinary rate of pay. Public holidays during parental leave without pay are without pay.

Notification of Birth

11.08.36 You should tell your Head of the date on which you gave birth when convenient.

Premature Birth, Still Birth, Miscarriage or Death of Your Child

11.08.37 If you give birth prematurely, you will be on parental leave from the day you started leave and earlier leave arrangements should be varied.

11.08.38 If your child is stillborn or dies shortly after birth, you may return to work before the end of the parental leave.

11.08.39 If you miscarry, any absence from work is to be on sick leave. This also applies if you are a long-term casual.

Resuming Duty

11.08.40 You must tell your Head in writing if you intend to return to work, at least 4 weeks before the last day of parental leave.

Right to Former Position During Part-Time Parental Leave

11.08.41 If you are on part-time parental leave, you may resume full-time work if you tell the Head four weeks before. You may not be able to return to your former position in a full-time capacity until your leave would have run out but you must be placed on duties at the same Level.

Reversion to Paid Parental Leave

11.08.42 If you come back to full-time duty without using up paid parental leave, you may go back to full-time or part-time paid parental leave. You may only do this once, and must tell your Head 4 weeks before or earlier if the Head agrees.

11.09 Family Responsibility Leave

• family/carer leave;
• compassionate/bereavement leave;
• special leave; or
• leave for moving to a new home.

• child ( including an adult child, adopted child or stepchild);
• spouse or partner (including a same sex partner, de facto spouse or partner, or a former spouse or partner);
• parent, parent-in-law, foster parent, or person standing in that place;
• grandparent, grandchild;
• sibling; or
• other family or household members.

11.09.04 If you cannot come to work due to the need to take family responsibility leave, you must tell your supervisor or other relevant person, when possible, giving the nature of the leave and an estimate of the length of your absence.

11.09.05 If you leave work due to the need to take family responsibility leave, you must tell your supervisor or other relevant person before doing so, unless there are good reasons why you cannot.

11.09.06 If you are on leave for more than 3 consecutive days, you must send a medical certificate, if relevant, or a statutory declaration about the absence.

11.10 Religious, Cultural and Ceremonial Obligations

11.10.02 All University supervisors will help you by approving:

• annual leave or long service leave, if available;
• leave under this Clause;
• flexible work arrangements;
• or leave without pay
• so that you can observe holy days or essential religious, cultural or ceremonial duties associated with your religious faith or culture.

• you will be paid leave up to 5 days, and given leave without pay up to 10 days, each calendar year for ceremonial obligations, which may be 'traditional' or 'urban' in nature and include:
  • initiation ceremonies;
  • birthing and naming;
  • tombstone openings and funerals;
  • smoking of houses or cleansing;
  • sacred site or land ceremonies;
  • National Aboriginal and Islander Day Observation Committee (NAIDOC) Week celebrations; or
  • other ceremonies taken to be significant by the elders;
• and you will be paid 1 day of leave each year for National Day celebrations.

11.11 Public Holidays and University Concessional Days

• New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, and Boxing Day.

11.11.03 If a public holiday occurs on your rostered day off and you do not work on that rostered day off, you may take an additional day's leave at an agreed time (or if your Head chooses, a day's pay at the ordinary rate).

11.11.04 If you are casual and are required to work on a public holiday you will be paid at the rate of double time and a half of your ordinary rate of pay.

11.11.05 You will be given 3 days as concessional days between Boxing Day and New Year's Day as well as the Christmas/New Year public holidays.

11.11.06 These paid days are given to you if you can be spared without affecting the teaching program and the general functioning of the University.

11.11.07 In years when Christmas Day or Boxing Day public holiday is on a Saturday or a Sunday there will still be only 3 concessional days. In those years, if you work variable working hours, you can take an additional day of variable hours leave after the concessional days by using a credit or debit of variable hours. You can accumulate the credit over two pay periods before, or repay the debit over two pay periods after, the concessional days.

11.11.08 You will be given no other concessional days during the year.

11.11.09 If you are a General staff member and required to work on a concessional day, you may take a day off instead by arrangement with the Head, at a mutually convenient time before 1 March in the following year.

11.12 Leave for Defence Forces Reserves Training

• annual training:
• Navy Reserve 13 calendar days on full pay;
• Army Reserve 14 calendar days on full pay;
• Air Force Reserve 16 calendar days on full pay;
• going to, or teaching at, a school, class or course of instruction:
• Navy Reserve 13 calendar days on full pay;
• Army Reserve 14 calendar days on full pay;
• Air Force Reserve 16 calendar days on full pay.

11.12.03 If your Commanding Officer states in writing that you need to attend for obligatory training on days on top of those in 11.12.01, you may be given up to 4 more calendar days in that military leave year.

11.12.04 If the Head thinks that it would not be in the University's interest to give you leave of absence, you may be refused the leave but you will be given leave to go to an equivalent training, school, class or course.

11.12.05 You may take either annual leave or leave without pay or both on top of that in 11.12.01 or 11.12.03.

11.13 Staff members Summonsed as Jurors

11.13.02 As you will be paid normal salary, any amounts received for attendance (other than meal and/or travel allowances) must be paid to the University through the Cashier's office.

11.14 Staff members Called as Witnesses

11.14.02 If you are called for the University or about a University Award or Agreement, you will be on duty and will not receive witness fees.

11.14.03 If you are called as a Crown Witness you will be on duty for the working period. You must pay any fees received, other than for reimbursement for out of pocket expenses, to the University through the Cashier's office.

11.15 Absence on Duty

11.15.02 For Workers' Compensation, you should tell your immediate supervisor and get any approval you need to work away from the University.

11.15.03 The following are examples of your being absent on duty and not on leave. This list is not limiting. Absences may need prior approval:

• working at home (preparing reports, special projects, research, lectures, marking);
• organising, going to or presenting a paper at an approved conference or carrying out a program of official visits off campus;
• teaching or supervising Macquarie University students off campus, consulting with colleagues in other institutions, gathering data or specimens, and working in other libraries or laboratories;
• going to meetings, including meetings of professional or learned societies, as the University's representative;
• providing assistance officially to other Universities, government bodies and non-government organisations;
• going to or presenting at a training course conducted by the University or other provider;
• acting as the University's representative at non-university special courses and schools of instruction;
• going to a Court or tribunal when subpoenaed or called as an official witness.

11.15.04 The duties of Academic staff mean that strict rules about being absent to carry them out are unsuitable and unnecessary. The approval and recording of these absences will be kept to the minimum necessary.

11.15.05 You are expected to be at the University for reasonable periods, not only for scheduled classes but to consult with students and colleagues, supervise honours and higher degree students, do research, go to seminars, perform administrative duties, and go to meetings of committees.

11.15.06 In approving absences on duty, the Head must be satisfied that the arrangements meet your academic and administrative responsibilities. These duties should be shared equitably among staff and they should not be repeatedly left to colleagues. The same considerations apply to absences off duty, which occur because you have fulfilled your work obligations.

11.15.07 You must get the prior approval of your Head for absences outside Australia.

11.15.08 Your absences on duty should occur outside those periods in which your classes are in session or examinations are in progress.

11.15.09 It is recognised, however, that there are seasonal and other reasons why some absences can only occur when your classes are in session or examinations are in progress.

11.15.10 Some staff take part in compulsory field excursions/teaching and/or in weekend and vacation schools for external students and are unable to carry out their off campus duties at these times. This will be allowed for in looking at applications for absences on duty.

11.15.11 You do not need prior approval for your absence on duty for up to 5 days if satisfactory arrangements have been made for your teaching, examination, research, supervision, and administration commitments. Absences of more than 5 days at a time need the prior approval of your Head.

General Staff

11.15.12 You need prior approval of your supervisor to be absent on duty in the 'Sydney area'.

11.15.13 The 'Sydney area' here means the geographical area generally bounded by Newcastle, Bathurst and Nowra. Discretion will be shown as the aim is to allow you to be called back if you are needed urgently.

11.15.14 If you will be travelling outside the 'Sydney area' on duty, you must apply and get prior approval from:

• your supervisor, for absences in Australia and up to 5 days; or
• your Head, for absences above 5 days or outside Australia.

11.16 'Home Based Work' Arrangements

11.16.02 You may ask for an arrangement, but only on a voluntary basis, for:

• your substantive position; or
• a position in which you are temporarily performing duties.

11.16.04 The University will provide and maintain University equipment and supplies (including a standard first aid kit) and any other OH&S requirements but the University and you may agree on other arrangements if appropriate. The other arrangements must also be recorded.

11.16.05 You may not contract out University work.

11.16.06 The University will make sure that you have the same opportunities for professional development and training as University based staff. In particular:

• you will carry out duties that are within your skill, competence and training and consistent with the PCS and job description;
• you will be expected to carry out suitable work-related training, OH&S training and professional development.

11.16.08 The University will give the Union a quarterly report of approvals.

11.16.09 A home based work arrangement will generally not be appropriate if you are on a return to work program, particularly a graduated return to work program following an injury. You and the University must consult the approved rehabilitation provider before starting any arrangement.

11.16.10 Home based work is not a substitute for dependent care.

11.16.11 You must assess the implications of taxation, insurance (including public liability insurance cover), leasing or mortgage arrangements.

11.16.12 Before approval can be given, you and the University must record the following agreed matters:

• the address, telephone number, any fax number and e-mail address;
• your position, showing if it is your substantive position, and the duties to be carried out;
• your days and hours of duty at the University and at home;
• the length of the arrangement and agreed notice to end it;
• the area of the workplace in the home based site (all other areas of the home are not the workplace);
• facilities to be used and any remote access to computer systems;
• the method of sending University information to you;
• methods of measuring your work performance, but systems-based automated work measurements will not be used;
• details of University assets and supplies to be used, including maintenance arrangements;
• details of your assets and supplies to be used for official use, including maintenance and insurance coverage;
• details of work space and facilities to be provided at the University;
• requirements for you to comply with OH&S and report any work related injury, illness or disease at the home based site; and
• any changes to the workplace and facilities that may be needed under OH&S legislation, after inspection by the OH&S Officer and an employee on the OH&S Committee or a Union representative.

11.16.14 The terms in this Agreement will apply to you, but the University based site will be your headquarters.

11.16.15 The home based work site may be used for overtime if a separate written agreement is reached before the start of each period of overtime.

Where Home Based Work Is Not Appropriate

11.16.16 You will not be considered for home based work if your work:

• requires a high degree of supervision or scrutiny;
• cannot be designed under the work design principles, e.g. the work able to be done at the home based site would involve continuous and repetitive keyboard work;
• requires a direct face to face contact with your clients on a frequent basis without easy re-scheduling;
• does not lend itself to objective performance monitoring;
• requires you to be a member of a team with regular face to face contact on a daily basis at the University (a requirement to supervise other staff will not necessarily stop an arrangement);
• requires you to service University facilities and/or assets; or
• has other characteristics that the Union and the University have agreed are unsuitable for home based work.

11.16.17 The University will need to get access to a home based site and the Union may also wish to visit you. Only the University will need urgent access that will only be given under the following terms:

• your prior consent is required;
• unless urgent access is required, or you agree, you must be given 2 working days notice of any intention to physically enter the site;
• the University may require urgent access for:
• maintenance of faulty equipment;
• OH&S purposes;
• urgent security and audit purposes; and
• other purposes agreed between the University and the Union;
• the University may ask for non-urgent access for:
• routine maintenance of equipment and supplies;
• assessing and monitoring security arrangements of equipment and papers;
• routine OH&S assessments;
• access by your Union where University based site access would not be adequate; and
• your supervision where University based supervision would not be adequate.

11.16.18 If there is to be renegotiation of the agreement because of the start of a return to work program the approved rehabilitation provider must be consulted.

11.16.19 A home based working agreement may be:

• altered or stopped by agreement if you or the University ask, but agreement must not be withheld unreasonably;
• ended by the University after 4 weeks notice due to:
• changed operational requirements;
• your having unreasonably withheld consent for access; or
• inefficiency of the arrangements;
• ended by the University with minimum notice if you repeatedly do not comply with OH&S or security arrangements.

11.17 Leave to Help in Emergencies and Disasters

• you tell the Head when possible after call-in and provide an estimate of the length of your absence;
• you are not needed for the University's own essential operations and/or emergency services; and
• the organisation states that your services are or were needed.

11.18 Leave and Attendance Management

11.18.01 If you report for duty after your appointed starting time or stop work before your appointed finishing time without a satisfactory reason, you will lose pay for the time you did not attend (to the nearest quarter hour).

11.18.02 You will be warned in writing instead of losing pay if this is considered reasonable. If your punctuality does not improve after this warning, the University may take disciplinary action.

Unapproved Leave

11.18.03 If you take annual or long service leave or absence on duty without necessary prior approval or a satisfactory reason, you may be told to return to work and/or to take leave without pay for all or part of the absence.

Abuse of Sick Leave/Family Responsibility Leave Terms

11.18.04 The University will manage sick and family responsibility leave in a fair and equitable way, taking account of the circumstances and results of individual absences. The following steps, if needed, will be taken in sequence.

11.18.05 If you have a recent pattern of absences without medical certificates/statutory declarations, you will be interviewed by your supervisor about your overall attendance pattern and work performance. More than 5 absences without medical certificates/statutory declarations in any 12 month period may be enough for an interview.

11.18.06 After the interview it may be decided that no action is needed.

11.18.07 If the pattern continues, you will be given time to improve and told of the possible consequences of maintaining the pattern.

11.18.08 If the pattern continues in the period given under 11.18.07 you may be told to have a medical certificate/statutory declaration for all absences during a given and reasonable period.

11.18.09 If your absences on sick leave continue to cause concern, you may be given reasonable notice to go to an examination by a medical practitioner nominated and paid by the University, to determine if your health is consistent with the frequency and length of your absences from work.

11.18.10 If the medical practitioner's assessment is that your health is not consistent with your absences, you will be given a further period for improvement and told of the consequences if there is no improvement.

11.18.11 The University may take disciplinary action if no improvement occurs in the period given under 11.18.10.

11.18.12 At all stages in the leave management process, the supervisor is responsible for counselling you or referring the matter to the Personnel Office. Your supervisor must counsel you before any sanction (for example, imposition of the medical certificate/statutory declaration requirement) and tell you clearly the steps to be taken next.