The University of Melbourne Collective Agreement 2010
Part J: University Holidays and Leave
- University holidays
- Annual leave
- Long service leave
- Sick leave
- Parental leave
- Carer’s leave
- Compassionate, cultural and special leave
- General provisions regarding leave
- Recognition of prior service for Special Studies Program (Long) (SSP(L) or Sabbatical Leave) – Academic Staff
71. University holidays
71.1 A staff member (other than a casual staff member) shall be entitled to the following holidays without loss of pay:
- 1 January (New Year’s Day) or, if that day falls on a Saturday or Sunday, the following Monday;
- 26 January (Australia Day) or, if that day falls on a Saturday or Sunday, the following Monday;
- Good Friday and the following Monday and Tuesday;
- 25 April (ANZAC Day);
- the day observed to celebrate the anniversary of the birth of the Sovereign;
- 25 December (Christmas Day) or, if that day falls on a Saturday or Sunday, 27 December;
- 26 December (Boxing Day) or, if that day falls on a Saturday or Sunday, 28 December;
- the days between Boxing Day and New Years Day; and
- any such other days as the Vice-Chancellor shall declare.
71.2 Where any day or days are gazetted in addition to or in substitution of any of the above mentioned days by proclamation or legislation, then that day or days shall be observed as a University holiday without loss of pay.
71.3 Labour Day and Melbourne Cup Day are not observed as University holidays.
71.4 Annual or sick leave are not deducted for an absence on University holidays. By agreement with their supervisor, a staff member may substitute a cultural or religious day of significance to the staff member for one of the University holidays.
72. Annual leave
Entitlement to annual leave
72.1 A staff member shall be entitled to 20 days of annual leave for each 12 months of continuous paid service, or pro-rata for periods less than 12 months.
72.2 Annual leave entitlements should be taken each year at times mutually agreed by a staff member and his or her supervisor, normally after 12 months service.
Excessive annual leave entitlements
72.3 Staff members will take reasonable steps to ensure that their annual leave entitlement does not exceed 40 days. A staff member who has accrued annual leave entitlements in excess of 40 days, may cash out all or part of the excess entitlement by agreement in writing with the University, provided they also take an amount of paid annual leave equal to or greater than the amount cashed out.
72.4 A staff member who, at 31 October of any year, has accrued in excess of 36 days annual leave, will receive notification that his or her balance will exceed 40 days on 1 February the following year, unless leave is taken. If it is not, he/she will be taken to be directed (by the notice) to be on leave from 1 February for the period of leave in excess of 40 days, unless, over the preceding year, reasonable requests for leave have been denied and provided that in exceptional circumstances, a supervisor and staff member may agree in writing prior to 1 February for that excess leave to commence later in February.
Payment in Lieu on Termination
72.5 Payment in lieu of annual leave will be made for any entitlement to annual leave not taken, on termination. Any excess of entitlement shall be deducted from the final payment, and on death, payment in lieu of accrued annual leave will be paid to the estate of the deceased staff member.
Sickness during Leave
72.6 A staff member who becomes sick during annual leave will be credited for the period of illness, subject to adequate supporting evidence being provided on request.
Annual leave loading
72.7 Staff members shall be paid an annual leave loading in respect of leave entitlements accrued in the previous 12 months equal to 17.5 per cent of the ordinary pay of the staff member with a maximum payment equal to the Australian Statistician’s most recent known figure for Average Weekly Total Earnings of all Males (Australia) for the September quarter.
72.8 Annual leave loading accrued since the previous payment, will be paid to eligible staff in the first full pay period in December, or on termination.
73. Long service leave
73.1 A staff member must have 10 years of continuous service with the University, or another organisation which is recognised by the University for this purpose and where the staff member has applied for recognition of that service for the purposes of determining the entitlement to long service leave. In addition, 10 years of service must be of the type where long service leave entitlements accumulate.
73.2 After 10 years of continuous service, a staff member is entitled to 13 weeks paid leave, and 6.5 days upon completion of each additional year of service.
73.3 Notwithstanding clause 73.1 and 73.2, after 7 years of continuous service, a staff member is entitled to pro-rata payment of long service leave upon termination of the staff member’s employment. The University may identify additional circumstances through policy where a staff member may be eligible to receive pro-rata payment of long service leave upon termination of the staff member’s employment.
73.4 In accordance with the Fair Work Act, service as a casual staff member which meets the requirements of the Long Service Leave Act 1992 (Vic) will count as service for long service leave under this Agreement from the commencement date of this Agreement. Service as a casual staff member prior to that date will not count as service for the purposes of determining when such a staff member is qualified for long service leave, or the amount of long service leave to which the staff member is entitled.
Taking long service leave prior to retirement
73.5 With the approval of the Head of Department, a staff member within three years of his or her retirement date may take their entitlement on half pay for twice the period, provided he or she has advised the University of this date in writing.
Sick leave while on long service leave
73.6 A staff member who becomes sick during long service leave will be credited for periods of three days or more on production of a medical certificate.
Research staff on fixed-term contracts
73.7 Where an academic staff member employed on a fixed term contract in the circumstances of research has a break in service of no greater than 6 months between subsequent fixed term contracts, that staff member will be considered to have served continuously for the purposes of determining eligibility for long service leave. The periods of such breaks in service will not count towards the accrual of additional long service leave or other entitlements.
Long service leave management
73.8 The long service leave entitlement is capped at 19.5 weeks, unless, over the preceding year, reasonable requests for long service leave have been denied.
73.9 The University may direct a staff member with a long service leave entitlement in excess of 19.5 weeks to take up to 13 weeks long service leave with dates of such leave to be nominated by the University.
73.10 Long service leave balances must be reduced to a maximum of 19.5 weeks by no later than 30 June each year. A staff member with a long service leave entitlement in excess of 19.5 weeks may use the cashing out provisions in clause 73.11 to reduce his or her leave balance.
Cashing out long service leave
73.11 A staff member may make a request in writing to the University to cash out part of his or her accrued long service leave entitlement to the maximum extent permitted by law, provided the staff member also takes an amount of paid long service leave equal to or greater than the amount cashed out. The cashing out of part of a staff member’s accrued long service leave entitlement will only be permitted with the written agreement of the University and a minimum amount to be cashed out of 4 weeks will apply, unless the cashing out is in the circumstances of clause 73.10, in which case the minimum amount to be cashed out will be 2 weeks.
74. Sick leave
Entitlement to and approval of sick leave
74.1 Staff members shall be entitled to 15 days sick leave each year of service. Credits shall accumulate if not taken, and do not accrue in respect of periods of leave without salary. Supporting evidence may be required for absences greater than one day and/or where the staff member has exceeded three single days sick leave in any one year.
Calculation of sick leave accrual for academic staff
74.2 Academic staff who were employed prior to the University’s official record-keeping relating to academic staff sick leave and who have remained employed at the University, will for any period of employment prior to the commencement of record keeping relating to leave, be deemed to have:
- accrued sick leave on the basis of 15 days per year of service (pro rata); and
- taken sick leave at the rate of 5 days per annum for full-time staff (pro rata for part-time staff).
75. Parental leave
75.1 A staff member who has completed twelve (12) continuous months as an employee of the University at the time leave is to begin is eligible for paid parental leave. A staff member who has completed less than twelve (12) months service is entitled to unpaid parental leave. For the purposes of this clause, “child” means a child of the staff member or the staff member’s partner, and “primary care giver” means a person who assumes the principal role of providing care and attention to a child.
Entitlement - Maternity Leave
75.2 A staff member who becomes pregnant is entitled to a period of up to 52 weeks maternity leave. Where the staff member has completed 12 months service at the time the leave is to begin, 14 weeks of this maternity leave will be on full pay, and where the staff member has completed 5 years service at the time the leave is to begin, 24 weeks of this maternity leave will be on full pay. By agreement between the staff member and their supervisor, the paid maternity leave entitlement may be taken at half pay, and for twice the period otherwise applicable, with leave accrual and superannuation calculated on a pro-rata basis.
Entitlement - Partner Leave
75.3 A staff member with twelve (12) months service is entitled to five (5) working days paid partner leave, plus an additional period of up to 51 weeks unpaid leave where the staff member is to be the primary care-giver of the child.
75.4 A staff member who has taken maternity leave shall not be eligible for partner leave in respect of the same child.
75.5 Consistent with clause 75.17 to 75.20, a staff member on partner leave would not normally have access to the return to work bonus. However, where both staff members work at the University and the staff member identified as the primary care giver is on partner leave, he or she may be eligible for the return to work bonus, provided the mother of the child does not access the return to work bonus and has returned to work and the cumulative absence of both partners is no greater than 24 months.
Entitlement – Adoption & Permanent Care Leave
75.6 Adoption and permanent care leave is available to a staff member who either:
- adopts a child under the age of sixteen years (adoption leave); or
- takes responsibility for the permanent care of a child under the age of five years (permanent care leave),
provided that the child has not previously lived continuously with the staff member for a period of 6 months or more or is not a child or step-child of the staff member or the partner of the staff member. A staff member who has a child placed with them for the purpose of adoption or permanent care is entitled to a period of up to 52 weeks adoption or permanent care leave. Subject to these conditions, paid and unpaid adoption and permanent care leave is available on the same conditions as apply to maternity leave under clause 75.2.
Conditions of Leave
75.7 Appropriate certification relating to the birth or adoption or permanent care of the child and, where appropriate, the staff member’s legal responsibility may be required by the University.
75.8 A staff member on the paid portion of parental leave shall not engage in outside employment or fulltime study. A staff member may take annual and long service leave during parental leave, provided the total period of parental leave, including unpaid leave, does not exceed 52 weeks.
75.9 If both parents are eligible for parental leave under this clause, each period of parental leave will follow the other and should not be taken concurrently, except for a period of three weeks over the child’s birth date or placement date.
75.10 No entitlement to payment or leave remains for any period after which employment ceases.
75.11 Where a fixed term staff member employed on a second or subsequent fixed-term contract:
- ceases employment because of the expiry of the contract; and,
- there is a break in service of 6 weeks or less; and,
- the staff member is then re-employed by the University,
the break in service will not be deemed to interrupt their continuous service for the purpose of calculating eligibility for parental leave. Where the staff member receives a severance payment in accordance with clause 25 of this Agreement, these provisions will not apply.
Commencement of leave
75.12 Maternity leave normally commences no later than six (6) weeks before the anticipated date of birth. Leave may commence earlier or later provided that the University may request a supporting medical certificate.
75.13 Paid partner leave is commenced during the period from one (1) week before the anticipated date of birth or placement of the child until five (5) weeks after the birth or placement of the child.
75.14 Adoption and permanent care leave commences from the date on which a staff member takes custody of the child being adopted or permanent care of a child commences.
Resumption of duty
75.15 A staff member returning to duty from parental leave shall be entitled to return to the position held immediately before taking parental leave, or before she worked a reduced fraction due to pregnancy. If that position no longer exists the University shall employ him or her in a position commensurate with the classification and duties for which he or she is qualified.
75.16 By agreement, a staff member may resume duty earlier than the date originally approved with the agreement of the Head of Department.
Return to work bonus
75.17 Where a staff member is on maternity or adoption and permanent carer leave and he or she has completed more than twelve months service at the date the leave is to begin, a return to work bonus equal to twelve (12) weeks salary will be paid upon the staff member’s return to work. This may be used as an allowance to offset costs associated with parenting, such as childcare costs, paid time release, to work reduced hours while maintaining a higher salary, or as a cash grant to be used for reestablishing the staff member’s career, such as for research, conference attendance or staff development opportunities.
75.18 Staff members must apply to receive the bonus in accordance with University policy, which requires written agreement with the University requiring him or her to return to work for a period of at least twelve (12) months following his or her return to work; or repay all monies received or paid as the return to work bonus.
75.19 A staff member may access all or part of the return to work bonus prior to returning to work.
75.20 Where a staff member does not return to work for at least twelve months, the University is entitled to deduct the monies to be repaid from any outstanding entitlements unless this is varied in compassionate circumstances determined by the Vice-Chancellor.
Sickness while on Maternity Leave
75.21 A staff member on maternity leave who contracts an illness resulting from pregnancy or childbirth and such illness extends beyond the period of paid maternity leave shall upon submission of a medical certificate or statutory declaration be entitled to be placed on sick leave for the period of illness subsequent to the date on which paid maternity leave expires.
Extension of parental leave
75.22 A staff member on parental leave may request in writing to extend her or his initial period of parental leave for a further continuous period of up to 12 months. The total period of parental leave taken per occasion must not exceed 24 months. If the staff member’s partner is also eligible for parental leave under this clause and he or she has taken a period of parental leave, the staff member is entitled to request an extension that amounts to a continuous period of up to 12 months less the period of parental leave taken by the staff member’s partner. The period of extended parental leave is unpaid.
Further family provisions
75.23 A staff member entitled to parental leave pursuant to this clause may request the University to assist the staff member in reconciling work and parental responsibilities by allowing her or him to extend the period of simultaneous unpaid parental leave provided for in this clause up to a maximum of eight weeks or to return from a period of parental leave on a part-time basis until the child reaches school age.
Consideration of Requests
75.24 The University shall consider requests made pursuant to clause 75.22 and 75.23 having regard to the staff member’s circumstances and, provided the request is genuinely based on the staff member’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the University’s operations. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on University services.
Statutory Paid Parental Leave Scheme (PPL Scheme)
75.25 The parties agree to review the impact of the Federal Government’s PPL Scheme expected to be introduced in 2011, when full details of the PPL Scheme have been finalised. This Agreement will be taken not to limit or preclude the application of that PPL Scheme in accordance with its terms.
76. Carer's leave
76.1 A staff member who is employed on a continuing basis; or has been employed by the University for a period of one (1) or more years, is entitled to up to five (5) days' non-cumulative carer’s leave per year, to care for members of the staff member’s immediate family or household who are dependent upon the staff member for care, when that person is ill; or an emergency renders it essential that the employee attend to that person.
76.2 If a staff member has not yet accrued or exhausts his or her entitlement to carer’s leave under clause 76.1, he or she may access his or her accrued sick leave entitlement in clause 74.1 for the caring purposes outlined in clause 76.1, up to an aggregate of ten (10) days paid leave per annum.
76.3 Notice of intention to take, and the reason for, carer’s leave must be provided by the staff member to the Head of Department in accordance with University policy.
76.4 When carer’s leave is used to care for a family member who is ill, the staff member may be required to provide to the University a medical certificate from a registered medical practitioner, confirming the nature of that person's illness (in general terms) and the expected duration of the illness. Where a medical certificate is not applicable to leave taken pursuant to this clause, or a medical practitioner has not attended, the staff member may be required to provide the University with a statutory declaration attesting to the reason (s) for the leave. Any information and/or material obtained by the University pursuant to this clause will not be provided to any person (s) who does not have a lawful purpose for requiring the information and/or material.
77. Compassionate, cultural, and special leave
77.1 A staff member shall, on the death of a member of the staff member’s immediate family or household, or in the event of an illness or injury that poses a serious threat to the life of a member of the staff member’s immediate family or household, be entitled on notice to paid leave for a period not exceeding the number of hours worked by the staff member in two ordinary days work. Proof of such death or illness or injury may be required by the University.
Indigenous Australian Cultural/ Ceremonial Leave
77.2 Indigenous Australian staff members shall be entitled to up to 5 days paid leave per annum (noncumulative) for NAIDOC, community, cultural and ceremonial duties. Satisfactory evidence, such as a statutory declaration, may be required.
77.3 The University will provide special leave to staff with pay for various reasons, including donating blood, jury service, fire-fighting, rendering community assistance in the event of a state disaster and undertaking examinations in subjects approved by the University. Special leave may also be granted in other circumstances at the discretion of the Head of Department or delegate. Where a need exists specific to a Faculty (or equivalent), a Dean (or equivalent) may determine that a further category of activity can be encompassed by special leave.
78. General provisions regarding leave
78.1 Part time employees shall accrue and take leave on a pro-rata basis. The University will apply fair administrative policies giving effect to these principles in a way which does not reduce the leave accruals of any part-time employee.
78.2 Casual staff are not entitled to any paid leave by virtue of the operation of Part J, except as provided for in clause
73.4 or any entitlement a casual staff member may have to paid parental leave under the Federal Government’s Paid Parental Leave Scheme.
78.3 Periods of leave without salary do not count for accrual of long service leave, annual leave or sick leave purposes.
79. Recognition of prior service for Special Studies Program (Long) (SSP(L) or Sabbatical Leave) – Academic Staff
79.1 Where an academic staff member has held a continuous full-time appointment at Level A or above in another Australian higher education institution, immediately prior to taking up appointment at the University, some credit, although not necessarily full credit, may be given when the staff member applies for a SSP(L) at the University, subject to the following conditions:
- no more than two months has elapsed between the cessation of employment with the releasing institution and commencement with the University of Melbourne;
- that the category of previous employment is one for which the University would ordinarily grant a SSP(L);
- the staff member should normally have completed a minimum period of two years service at the University of Melbourne;
- previous absences on SSP(L) granted by a former institution will be taken into account; and
- the period of leave approved shall not exceed six months unless the applicant's terms of appointment explicitly state otherwise.