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Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Common Leave Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Annual Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Personal/Carer’s Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Compassionate Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Community Service Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Public Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Parental Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Professional Development Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Examination Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Sabbatical Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Long Service Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Leave Without Pay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Related Policies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Leave Policy - Full Time & Part Time Employees (MCRI1018)
1
This document explains the Leave Policy - Full Time & Part Time Employees that applies in respect to theemployees of Murdoch Childrens Research Institute (MCRI, “The Institute”) and all its subsidiaryorganisations.
Summary1.1 This policy explains the Leave entitlements applicable to all full-time and part-time MCRI employees.
1.2 Where there is discrepancy between this policy and any applicable Modern Award, the ModernAward will prevail; except however, where there's an Enterprise Agreement (EA), or equivalent relevantworkplace Agreement, the EA will prevail over the policy and the Modern Award at all times.
1.3 Where there is a difference between employees employed specifically by MCRI or VCGS, this will bestated.
1.4 This policy satisfies leave provisions in the Fair Work Act 2009 (Cth)("The Act").
1.5 Casual Employees should refer to the Casual Employee Policy for information on leave entitlements.
1.6 While Students should of course have holidays during their course of study, this policy relates only toMCRI and VCGS full-time and part-time Employees. Students and their Supervisors make any absencearrangements with the university in which they're enrolled, but must at all times also advise the MCRIStudent Administrator (preferably in advance), including providing applicable documentation, especially ifthey are in receipt of a scholarship which is paid or administered by MCRI.
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Introduction2.1 This policy explains the eligibility, entitlement and procedures for leave available to MCRI employees.
2.2 This policy aims to define the leave provisions and application procedures for the following leavetypes:
• Annual Leave;• Personal Leave (formerly known as sick leave) / Carer’s Leave;• Compassionate Leave;• Community Service Leave (including Jury Service);• Parental Leave;• Professional Development Leave;• Examination Leave;• Sabbatical Leave;• Long Service Leave; and• Leave Without Pay.
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Leave Policy - Full Time & Part Time Employees (MCRI1018)
Summary 2
Common Leave Items3.1 Leave entitlements accrue on ordinary time worked, including authorised paid leave, up to 38 hoursper week, except where otherwise specified in this Policy.
3.2 Leave entitlements must have accrued, as per the requirements of each leave type, for such absenceto be paid, unless specified.
3.3 During all periods of leave, salary will be paid in accordance with MCRI’s usual fortnightly pay cycle,unless specified, for leave already accrued. Refer also Clause 3.4.
3.4 Payment prior to, or at commencement of leave, is available to eligible employees only as follows:
3.4.1 Eligible Employees
• VCGS Medical Scientists and Genetic Counsellors (annual, parental or long service leave), as per theEA.
3.4.2 Conditions
• Superannuation and Salary Packaging payments, if applicable, may also be remitted in advance.• An Employee must contact Payroll staff before submitting a request for advance payment.• If the requested advance leave payment falls across financial years, the employee should seek
independent financial advice as there may be income tax or other implications to the employee,for which MCRI can take no responsibility.
3.5 Leave requests must be applied for on-line via i-manage. Also refer to the Staff User Guide.
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Annual Leave4.1 Full time employees are entitled to 4 weeks paid annual leave for each year of service.
4.2 Part time employee’s entitlement is on a pro-rata basis.
4.3 Annual leave accrues progressively during each year of service and is cumulative.
4.4 Annual leave should be taken within each anniversary year or contract period, whichever is thelesser and at a time mutually agreed with the employee’s Line Manager, subject to operationalrequirements. Approval will not be unreasonably withheld.
4.5 MCRI may require employees to take annual leave in the event of:
• you having more than 6 weeks accrued, subject to operational requirements;• a Christmas/New Year, or other, period close down. If you do not have sufficient annual leave
accrued to cover the full duration of this period, you may:? take leave without pay; or? allow your annual leave to fall into negative of no more than 1 week. Refer to clause 3.2.4.
Leave Policy - Full Time & Part Time Employees (MCRI1018)
Common Leave Items 3
4.6 In exceptional circumstances, if not enough accrued annual leave, approval may be given for anemployee to fall into negative of no more than 1 week, subject to approval by the employee’s LineManager. This excludes employees still within their qualifying period (Refer clause 3.2.4 Qualifying Periodof Employment Policy & Procedure). Such approval would be given on the proviso that the employeeagrees to repay MCRI the nett value paid to them of any annual leave given in advance of entitlementshould their MCRI contract cease or for any other reason that the employee may not accrue future leave asexpected. Note: any nett value may include other amounts, such as salary packaging & superannuation.
4.7 All Annual Leave entitlements must be utilised before consideration of leave without pay. Refer toclause 14.
4.8 Illness during annual leave. Refer clause 5.10.
4.9 An employee must apply for Annual Leave online via i-manage and at least 4 weeks prior to thecommencement date of the leave. A shorter notice period may be accepted if approved by your LineManager. Also refer to the Staff User Guide.
4.10 Prior to commencing leave, it is the employee’s responsibility to ensure that all work is up to dateand that an appropriate handover arrangement has been made with your Line Manager.
4.11 Annual Leave entitlements may only be "cashed out" for some employees. In the first instance anemployee must speak to Human Resources, to determine if a request can be accommodated by law.
• This sub-clause only applies to VCGS Medical Scientists and Genetic Counsellors, as per their EA.Where such an employee has accrued annual leave in excess of eight (8) weeks, then by mutualwritten agreement the employer may pay the annual leave in excess of eight weeks to theemployee as a one off cash payment.
• Each request must be for a minimum of 1 week.• A written request to cash-out annual leave will receive a response in writing within 2 weeks of
receipt by Payroll and payment will be made in the next available pay fortnight, or as agreed withPayroll.
• Payments made in accordance with the above extinguish the employee's right to access, or receivefurther payment for the period of leave paid out.
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4.12 If the period during which an employee takes paid annual leave includes a day or part-day that is apublic holiday in the place where the employee is based for work purposes, the employee is taken not to beon paid annual leave on that public holiday.
4.13 An employee will receive an annual leave loading payment equal to 17.5% of their regular base rateof pay. It will be paid yearly in December, in respect to the annual leave (maximum of 4 weeks full-time)that has accrued from 1 January to 31 December in that year. On cessation of employment the accruedannual leave loading entitlements will be paid. Annual leave loading will not accrue or be paid if youremployment contract specifically excludes it, or if it's included in your total remuneration.
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Personal/Carer’s Leave5.1 Employees accrue Personal Leave entitlements in one total amount of hours (refer Figure 1 –Calculation of Accrued Entitlements).
Leave Policy - Full Time & Part Time Employees (MCRI1018)
Personal/Carer’s Leave 4
5.2 Accrued Personal Leave hours are cumulative if not taken.
5.3 These hours can be taken as paid Personal or Carer’s Leave, up to the balance of available hours andwithin item limits (refer Figure 2 – Evidence Requirements & Item Limits).
5.4 If all accrued Personal Leave entitlements have been exhausted, the employee may access availableaccrued annual leave entitlements &/or unpaid Personal/Carer’s Leave. Note - Further paid Personal/Carer’s Leave entitlements may become available during an unpaid absence if an employee commencestheir next anniversary year and more paid entitlement hours become available. Contact MCRI Payroll asnecessary.
5.5 An employee may take Personal/Carer’s Leave as:
• Personal Leave – if the employee is unfit for work because of a personal illness, or personal injury,affecting the employee; or
• Carer’s Leave – to provide care or support to a member of the employee’s immediate family orhousehold, who requires care or support because of:
? A personal illness, or personal injury affecting the member; or? An unexpected emergency affecting the member.
5.6 Notification to your Line Manager is required as soon as reasonably practicable, of the expectation oftaking Personal/Carer’s Leave and the period or expected period of absence.
FIGURE 1 – CALCULATION OF ACCRUED ENTITLEMENTS (Personal Leave)
Service with MCRI Entitlement Accrual –Full-time Employees –(Except VCGS MedicalScientists & GeneticCounsellors)
Entitlement Accrual –Full-time Employees(VCGS MedicalScientists & GeneticCounsellors ONLY)
Entitlement Accrual –Part-time Employees
During 1st Year 1 ordinary day (7.6hours) for eachcompleted month ofservice (total of 12days/91.2 hours).
16 ordinary days (121.6hours) with entitlementgiven progressively atend of each completedmonth of service.
As for full-timeemployees, but pro-rataaccrual based on theordinary hours worked,including authorisedpaid leave, in eachprevious month of theapplicable first 12months of employment.
Years 2, 3 & 4 14 ordinary days (106.4hours) given atcommencement of eachanniversary year.
18 ordinary days (136.8hours) given atcommencement of eachanniversary year.
As for full-timeemployees, but pro-rataaccrual based on theordinary hours worked,including authorisedpaid leave, in eachprevious year of the
Leave Policy - Full Time & Part Time Employees (MCRI1018)
Personal/Carer’s Leave 5
applicable first 3 yearsof employment.
Years 5 onwards 21 ordinary days (159.6hours) given atcommencement of eachanniversary year.
25 ordinary days (190hours) given atcommencement of eachanniversary year.
As for full-timeemployees, but pro-rataaccrual based on theordinary hours worked,including authorisedpaid leave, in the 4th &each subsequent year ofemployment.
FIGURE 2 – EVIDENCE REQUIREMENTS & ITEM LIMITS (Personal/Carer’s Leave)
Leave (Item) Type Type of Evidence Required Leave (Item) Type – LimitsWithin Each Anniversary Year
Paid Personal Leave Certificate from QualifiedMedical Practitioner.
No limit, subject to availabilityof paid entitlement hours.
Paid Personal Leave "Other" Certificate from "Other"Qualified Health Professionallimited to:
• chiropodist/podiatrist,chiropractor, dentist/orthodontist,optometrist, osteopath,physiotherapist,psychologist ornaturopath/acupuncturist.
5 occasions (up to 1 day peroccasion) per anniversary year,subject to availability of paidentitlement hours (may be 5single occasions or up to 5consecutive days or acombination).
Paid Personal Leave Statutory Declaration. 3 single occasions (up to 1 dayper occasion) per anniversaryyear, subject to availability ofpaid entitlement hours.
Paid Personal Leave No Certificate. 3 single occasions (up to 1 dayper occasion) per anniversaryyear, subject to availability ofpaid entitlement hours.
Unpaid Personal Leave As for Paid Personal Leave, butthe leave is unpaid – refer alsoclause 5.4.
Not applicable, but extended/excessive Unpaid Personal Leavemay require involvement ofHuman Resources.
Leave Policy - Full Time & Part Time Employees (MCRI1018)
Personal/Carer’s Leave 6
Paid Carer’s Leave Certificate from QualifiedMedical Practitioner – referclause 5.7.
At Line Managers discretion inan unexpected emergencysituation.
No limit, subject to availabilityof paid entitlement hours (NB:Cannot access hours accruedprior to 1 January 2010, except iftaking under previous 10occasions per anniversary yearlimit rules).
Unpaid Carer’s Leave As for Paid Carers Leave, but theleave is unpaid – refer clause 5.4.
2 days per occasion (taken as asingle continuous period, or anyseparate periods to which theEmployee & his/her LineManager agree).
5.7 Evidence requirements for Paid or Unpaid Carer's Leave absence must state that the leave wasrequired to care or support a member of your immediate family or household and what their specificrelationship is to you.
5.8 MCRI also reserves the right to request a certificate from a qualified medical practitioner for anyperiod of Personal/Carer’s Leave:
• if your leave history indicates a regular pattern of taking Personal/Carer’s Leave; or• where a day is being/has been taken the working day before or after a public holiday, weekend or
other previously approved leave.
5.9 Immediately on your return to work after Personal/Carer’s Leave, you must create a leave requestonline via i-manage, including attaching any required documentation.
5.10 Personal illness during a period of Annual Leave. Where an employee becomes ill while on annualleave and provides MCRI with a Certificate from a Qualified Medical Practitioner for no less than 5consecutive working days (VCGS EA employees refer below) (exclusive of a weekend period, but inclusiveof any public holiday(s)), then the number of the employee’s usual working days/hours during the periodcovered by this certificate can be changed to paid Personal Leave, subject to availability of paid PersonalLeave entitlement hours. The equivalent hours will be re-credited back to the employee’s annual leaveentitlement. A statutory declaration is not sufficient evidence.
VCGS Medical Scientists and Genetic Counsellors only should refer to their EA.
5.11 Access to Carer’s Leave does not apply during a period of Annual Leave.
5.12 If the period during which an employee takes paid Personal/Carer’s Leave includes a day or part-daythat is a public holiday in the place where the employee is based for work purposes, the employee is takennot to be on paid Personal/Carer’s Leave on that public holiday, subject to clause 5.11.
Leave Policy - Full Time & Part Time Employees (MCRI1018)
Personal/Carer’s Leave 7
5.13 An employee who re-commences with MCRI for any reason, and has prior service with MCRI, oranother body, recognised for long service leave purposes, does not carry over any prior Personal/Carer’sLeave entitlements or year of accrual level, except as in 5.13.1.
5.13.1 For VCGS Medical Scientists and Genetic Counsellors only, as per the current EA, where anemployee transfers from a hospital or health service covered by the same EA, accumulated Personal (Sick)Leave, up to a maximum of 2,128 working hours, shall be credited to them in their new employment,subject to MCRI Payroll receiving satisfactory written evidence.
5.14 Accrued but untaken Personal/Carer’s Leave is not paid out on cessation of employment.
5.15 Discretionary Personal Leave
5.15.1 In exceptional circumstances and if all other relevant leave types have been exhausted,Discretionary Personal Leave may be paid in excess of entitlement, subject to a request from the LineManager and only after consultation with Human Resources
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Compassionate Leave6.1 An employee shall be entitled to up to 2 days paid Compassionate Leave per occasion, which will bepaid at the employee’s regular rate of pay for the ordinary hours they would have worked during theperiod of leave:
• upon the death of a member of the employee’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
employee’s immediate family or household.
6.2 An employee may take Compassionate Leave for each occasion as:
• a single continuous two day period; or• two separate periods of one day each; or• any separate periods to which the employee and his or her Line Manager agree.
6.3 An employee who wishes to take Compassionate Leave is required to notify MCRI as soon asreasonably practicable of:
• any illness, injury or death of a member of your immediate family or household, that will causeyou to be absent from work; and
• the period, or expected period, of your absence.
6.4 On your return to work, you may be required to provide a medical certificate, statutory declarationor other evidence that would satisfy a reasonable person, as applicable.
6.5 VCGS Medical Scientists and Genetic Counsellors only should refer to their Enterprise Agreement.
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Leave Policy - Full Time & Part Time Employees (MCRI1018)
Compassionate Leave 8
Community Service Leave7.1 Employees are entitled to be absent from work for the purpose of performing an eligible communityservice activity such as:
• a 'voluntary emergency management activity';• jury service (including service for jury selection) that is required by or under the law of the
Commonwealth or of a State or Territory.
7.2 An employee is entitled to be absent from their employment:
• for the time the employee is engaged in the eligible community service activity, includingreasonable travelling time associated with the activity and reasonable rest time immediatelyfollowing the activity;
• if the absence is reasonable in all the circumstances (jury service is taken to always be reasonable)
7.3 Community Service Leave is unpaid, except in relation to jury service where:
• an employee is entitled to 'make up pay' for the full period of jury service.
7.4 You must provide MCRI with notice of your period of absence, or expected period of absence fromwork due to engaging in an eligible community service activity, as soon as reasonably practicable.
7.5 Evidence of your attendance at a voluntary emergency management activity may be required byMCRI.
7.6 Evidence of your attendance for jury service and the amount you received must be provided to MCRIPayroll immediately on your return to work, or at least fortnightly during the absence period, to ensureyour correct entitlements to make up pay.
7.7 An employee is not entitled to any payment under "Community Service Leave", including JuryService, while on a period of unpaid Parental Leave.
7.8 Attendance at a Defence Force camp or training activity is not a voluntary emergency managementactivity (as defined in the Act). If you wish to attend a Defence Force camp and/or training, you may applyto take accrued annual leave, or leave without pay if you do not have any accrued annual leaveentitlements.
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Public Holidays8.1 MCRI Employees are entitled to be absent without deduction of pay on designated public holidayseach year, as follows:
• 1 January (New Year's Day);• 26 January (Australia Day);• Labour Day (usually the 2nd Monday of March);• Good Friday;• Easter Monday;• 25 April (Anzac Day);
Leave Policy - Full Time & Part Time Employees (MCRI1018)
Community Service Leave 9
• the Queen's Birthday holiday as celebrated in the State of Victoria (usually the 2nd Monday ofJune);
• Melbourne Cup Day (the 1st Tuesday of November);• 25 December (Christmas Day);• 26 December (Boxing Day).
8.2 If any of these days falls on a weekend, or public holidays fall on the same day, then any substituteday that is proclaimed by government will be deemed to apply.
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Parental Leave9.1 Parental Leave includes Maternity, Adoption & Partner Leave. This leave is taken in relation to thebirth or adoption/placement of a child to a MCRI employee.
9.2 Full-time and part-time employees can take up to 12 months of unpaid Parental Leave to be theprimary carer of a new born or newly adopted child. Refer Figure 3 - Parental Leave Entitlements.
9.3 All Parental Leave must be taken in a single continuous period, including all types of paid & unpaidleave taken, except where stated.
9.4 Parental Leave absences are unpaid, except as stated (refer Figure 3 - Parental Leave Entitlements)
FIGURE 3 – PARENTAL LEAVE ENTITLEMENTS (subject to other clauses)
Leave Type Service with MCRI Entitlement (refer also Clause9.12)
Maternity Leave Less than 12 months continuousservice prior to commencingleave, or date of birth,whichever is the earlier
Maximum of 52 weeks unpaidleave for the primary carer ofthe newborn
Maternity Leave Minimum 12 months continuousservice prior to commencingleave, or date of birth,whichever is the earlier.
Up to 52 weeks absence,including:
• MCRI paid employees(not VCGS) - 12 weekspaid leave (or 24 weekspaid at half theemployee's timefraction);
• VCGS employees only -10 weeks paid leave (or20 weeks paid at half theemployee's timefraction).
The balance of absence isunpaid. Refer also clause 9.5.3.
Leave Policy - Full Time & Part Time Employees (MCRI1018)
Parental Leave 10
Partner Leave Less than 12 months continuousservice prior to the date of birthor placement of the child
Maximum of 52 weeks unpaidleave for the primary carer ofthe newborn or adopted child.
1 week of unpaid Partner Leavemay be taken within 6 weeksafter the birth or placement ofthe child and concurrently totheir partner's leave, BUT anyfurther unpaid leave is subjectto provision of evidence thatthey are now the primary carerof the child AND mustcommence no later than 7 weeksafter the birth or placement ofthe child.
Partner Leave Minimum 12 months continuousservice prior to the date of birthor placement of the child
Up to 52 weeks absenceincluding:
1 week of paid Partner Leavemust be taken within 6 weeksafter the birth or placement ofthe child and concurrently totheir partner's leave, BUT anyfurther leave is subject toprovision of evidence that theyare now the primary carer of thechild AND must commence nolater than 7 weeks after thebirth or placement of the child.
The balance of absence isunpaid. Refer also clause 9.5.3.
Adoption Leave (includesPermanent Care)
Less than 12 months continuousservice prior to the date ofplacement, or expected date ofplacement, of the child
Maximum of 52 weeks unpaidleave for the primary carer ofthe adopted child.Up to 2 days unpaid pre-adoption leave to attendinterviews/ examinations, etc asrequired prior to the adoption,taken as a single continuousperiod or any separate periods
Leave Policy - Full Time & Part Time Employees (MCRI1018)
Parental Leave 11
as agreed. Evidence ofattendance is required.
Adoption Leave (includesPermanent Care)
Minimum 12 months continuousservice prior to the date ofplacement, or the expected dateof placement, of the child
Up to 52 weeks absence,including -
• MCRI paid employees(not VCGS) - 12 weekspaid leave (or 24 weekspaid at half theemployee's timefraction);
• VCGS employees only -10 weeks paid leave (or20 weeks paid at half theemployee's timefraction)
Up to 2 days unpaid pre-adoption leave to attendinterviews/ examinations, etc asrequired prior to the adoption,taken as a single continuousperiod or any separate periodsas agreed. Evidence ofattendance is required.
9.5 An employee intending to take any period of Parental Leave must advise their Line Manager &/orGroup Head as soon as reasonable and discuss the desired absence period (Refer also to clause 9.5.3). Theemployee must then complete all applicable leave requests via i-manage and attach required documentsas follows:
9.5.1 For Birth Related Leave
• at least 10 weeks prior to the expected date of birth, or at least 4 weeks prior to the expectedcommencement date of absence; AND
• must attach a certificate from a Qualified Medical Practitioner, which must confirm that theemployee is pregnant & the expected date of birth;
• an employee who wishes to work during the 6 weeks prior to the expected date of birth, mustprovide MCRI with a medical certificate, confirming that employee is fit to work, including dates;OR stating that the employee is fit to work on a reduced time fraction &/or amend duties only,including dates. The certificate must be sighted by the employee's Line Manager and thenimmediately forwarded to MCRI Payroll, along with written notes/documentation of anyimplementation or otherwise, as below, for the employee's file. Any reduction in time or dutiesrequest MUST immediately be implemented where possible to ensure the safety of the mother andchild. Paid or unpaid Personal Leave may be used for the balance of time absent (subject to paid
Leave Policy - Full Time & Part Time Employees (MCRI1018)
Parental Leave 12
entitlements being available) but only up until the original planned commencement date of theParental Leave absence. If amended duties are not possible in relation to the employee's type ofposition, the employee may be required to take paid or unpaid Personal Leave (subject to paidentitlements being available) for the period of up to the original planned commencement date ofParental Leave absence;
• Parental Leave absence may commence earlier than 6 weeks prior to the expected date of birth,only on provision of a medical certificate as above;
• a request to reduce time &/or amend duties earlier than 6 weeks prior to the expected date ofbirth, if supported by a medical certificate must also be processed as above. Any such request by anemployee that is not supported by a medical certificate, will be carefully considered by the LineManager and may involve discussion with Human Resources &/or the EHS Manager, as required.The safety of the mother & child being paramount.
9.5.2 For Adoption Related Leave
• immediately the date, or expected date, of placement is known; and• written evidence must be attached to the application form.
9.5.3 For all Parental Leave
• Employees should contact MCRI Payroll staff to discuss their leave options as soon as practical;• accrued annual leave, including that which will accrue during this absence, and eligible long
service leave may also be taken, subject to clause 13 items relating to taking Long Service Leave.• the leave requests for each applicable type of paid and unpaid leave to be taken during the period
of absence must be lodged via i-manage.
9.6 If an employee needs/wishes to make any changes to their leave dates, they must discuss this withtheir Line Manager and advise MCRI Payroll in writing as soon as possible.
9.7 Transfer to a Safe Job (Refer clause 9.5).
9.8 Entitlements while on Parental Leave
9.8.1 Annual, Personal, Long Service Leave and Leave Loading entitlements continue to accrue while onpaid Parental Leave, subject to half paid leave accruing pro-rata entitlements. An employee’s leaveentitlements do not accrue while on unpaid Parental Leave.
9.8.2 An employee cannot access Personal/Carer’s Leave whilst on Parental Leave, except as per clause9.5 - for birth related leave, or 9.8.3.
9.8.3 An employee on Parental Leave who contracts an illness resulting from pregnancy or childbirth andsuch illness extends beyond the period of paid Parental Leave, will on submission of a satisfactory medicalcertificate be entitled to access available paid Personal Leave subsequent to the date on which the paidParental Leave expires. In such case, paid Personal Leave may be accessed prior to arranged payments ofannual or long service leave.
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Parental Leave 13
9.8.4 An employee who has a medically defined late pregnancy miscarriage or the birth of a stillbornchild and who has commenced paid Parental Leave, is entitled to complete the balance of their paidParental Leave and any other agreed paid or unpaid leave.
9.8.5 An employee may also elect to access available Personal Leave following the birth of a stillbornchild or the termination of a pregnancy, on submission of a Personal Leave Request via i-manage, withattached medical certificate.
9.8.6 No additional leave is given for any public holidays that fall during the period of paid ParentalLeave. (i.e.: Maternity, Adoption or Partner Leave).
9.9 Continuity of Service
9.9.1 Approved Parental Leave will not break continuity of service, although any unpaid leave during thisperiod of absence will not count towards any Long Service Leave entitlement.
9.10 Extending Parental Leave
9.10.1 An employee may extend their original Parental Leave period, up to a total absence of 12 months,once only. Refer also clause 9.11.5. Such a request must be made in writing to the employee’s LineManager, at least 4 weeks prior to the end of the original agreed leave period. This extension does notprevent a further extension as per clause 9.10.2. The Line Manager will respond to the request in writing tothe employee within 21 days and copy/advise MCRI Payroll for processing as required.
9.10.2 Once only, an employee may also request a further extended period of unpaid Parental Leave up toan additional 12 months absence (to a maximum total absence of 24 months). This extension toimmediately follow the end of the Parental Leave period already agreed. Such a request must be made inwriting to the employee’s Line Manager, at least 4 weeks before the end of the original 12 months absence(which includes any extension as per clause 9.10.1). The Line Manager will respond to the request inwriting within 21 days and copy/advise MCRI Payroll for processing as required. MCRI will only refuse thisrequest on reasonable business grounds. Refer also clause 9.11.5.
9.11 Returning to Work
9.11.1 After taking Parental Leave an employee is entitled to return to the position held immediatelybefore going on leave (subject to clause 9.11.5). If that position no longer exists, a position for which theemployee is qualified and suited nearest in status and pay to the pre-parental leave position.
9.11.2 An employee returning to work after having their time fraction reduced prior to commencingleave because of the pregnancy, may return to the position and time fraction held immediately prior tosuch reduction.
9.11.3 Employees may request flexible working arrangements. This could include returning to work on apart-time basis or with different starting and finishing times. Such requests must be discussed with theirLine Manager and application submitted to MCRI, as per the Flexible Working Arrangement Policy.
9.11.4 An employee may return to work earlier than the date previously approved, upon submitting arequest in writing to their Line Manager at least 4 weeks prior to that date. Approval must be confirmedby Human Resources and possibly Finance, particularly if a replacement has been employed.
Leave Policy - Full Time & Part Time Employees (MCRI1018)
Parental Leave 14
9.11.5 If you are employed on a fixed-term or maximum term contract, your entitlement to ParentalLeave (paid &/or unpaid) ceases on the end date of that contract as does the entitlement to return to theposition held before your commencement of the leave, or to other continuing employment with MCRI. Anyqueries on this should be referred to Human Resources.
9.12 An employee on Parental Leave who ceases to have responsibility for the care of a child (i.e. is nolonger the primary carer) should notify MCRI Human Resources. MCRI may direct the employee to returnto work by giving them at least 4 weeks notice in writing. This clause does not override any otherentitlements in this policy.
9.13 Government Funded Paid Parental Leave Scheme and Dad & Partner Pay.
9.13.1 Paid Parental Leave (PPL)
• Parental Leave paid by MCRI is separate and in addition to the federal government funded PaidParental Leave (PPL) Scheme. MCRI is only required to make payments to an employee, throughthe payroll system, after the funds have been received from the Family Assist Office & subject toseveral conditions.
• An employee may elect for PPL payments to be made concurrently to, or following, other paidleave from MCRI, although no payments can be made until after the birth or placement of thechild.
• No additional leave accruals or other benefits apply in relation to these payments.9.13.2 Dad & Partner Pay
• Dad & Partner Pay is a federal government funded scheme, whereby Dads or Partners can accesspayment, currently 2 weeks, from government. Payment is not made through the payroll system,although the employee must take the equivalent time (up to 2 weeks) of unpaid leave from theworkplace.
9.13.3 Employees must apply directly to their Family Assist Office. www.familyassist.gov.au Eligibility &entitlement is not determined by MCRI.
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Professional Development Leave10.1 In recognition of the importance of ongoing Professional Development, a full time employee mayseek approval from their Line Manager for up to 5 days paid Professional Development Leave per year toattend a conference, seminar, workshop or other such event; or for a course or other study. In all cases, theevent MUST have direct correlation with their employment at MCRI.
10.2 A Part time employee’s entitlement is on a pro-rata basis.
10.3 Professional Development Leave is cumulative over a maximum two year period.
10.4 MCRI will not unreasonably withhold authorisation for Professional Development Leave.
10.5 An employee must complete an online leave request via i-manage for Professional Developmentleave and attach substantiating documentation. This may include subsequent evidence of travelarrangements (refer also the International & Domestic Travel Policy).
Leave Policy - Full Time & Part Time Employees (MCRI1018)
Professional Development Leave 15
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Examination Leave11.1 MCRI will grant all employees, other than casual employees, examination leave with pay forattendance at examinations in subject(s) that have a direct correlation with their employment at MCRI,with approval of their Line Manager.
11.2 Appropriate evidence as to the employee’s course of study/subject(s), enrolment and examinationtimetable must be sighted by their Line Manager and forwarded to MCRI Payroll.
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Sabbatical Leave12.1 Employees employed at or above the level of Senior Research Fellow (on 5 year appointments) areeligible to apply for sabbatical leave for a period of 6 months, or up to a maximum of 12 months ifnecessary because of the nature of the studies, after each six year period of the Senior Research Fellowshipappointment. Shorter periods of leave occurring more frequently may be agreed to after negotiation.Approval will only be given if:
• The course of study will materially contribute to MCRI in terms of enhancement of the individual’scontribution to research;
• The program will substantially broaden the employee’s area of knowledge or expertise;• There is a good scientific reason for choosing the specific venue at which the leave will be taken;• The employee is not in receipt of payment from another institution or organisation.
12.2 Authorisation for this leave may only be given by the Theme Director or Director. The employee’slevel and possible contribution to salary, airfares for the employee (and immediate family) and thegranting of any research costs (if necessary and applicable) will be considered.
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Long Service Leave13.1 Eligibility & entitlement is as follows:
MCRI EMPLOYEES(excluding VCGS)
VCGS EMPLOYEES(excluding MedicalScientists & GeneticCounsellors)
VCGS MedicalScientists & GeneticCounsellors Only
Applicable IndustrialInstrument:
Victorian Long ServiceLeave Act 1992
Victorian Long ServiceLeave Act 1992
VCGS Medical ScientistsGenetic Counsellors EA
Eligible ContinuousService:
10 years 15 years 15 years
Entitlement afterEligibility:
13 weeks 6 months 6 months
Leave Policy - Full Time & Part Time Employees (MCRI1018)
Examination Leave 16
Pro-Rata AccrualPayable on Cessationafter eligible serviceof:
7 years 7 years 10 years
13.2 Pro rata accruals continue once initial eligibility service period has been reached. Althoughentitlement to request additional long service leave applies only after each subsequent 5 years of eligiblecontinuous service.
13.3 Where an employee (other than VCGS Medical Scientists & Genetic Counsellors) has been employedat different time fractions, the ordinary rate of pay may be adjusted.
13.4 Entitlements to Long Service Leave do not accrue while an employee is on unpaid leave.
13.5 Long Service Leave may be taken at half the pay over double the time. The employee’s Line Manageronly needs to approve the period of absence. For those employed under the VCGS Medical Scientists /Genetic Counsellors Enterprise Agreement , Long Service Leave may also be requested to be taken atdouble the pay over half the time, as per the EAs.
13.6 Cashing out of Long Service Leave entitlements is not permitted by law.
13.7 Each entitlement and subsequent entitlement should be taken in one continuous period unlessagreed to be taken in no more than two periods by mutual agreement with the Line Manager. Each periodof Long Service Leave must be taken in multiples of 1 week (7 calendar days).
13.8 Annual, Personal, Long Service Leave and Leave Loading entitlements continue to accrue while onpaid Long Service Leave, subject to half paid Long Service Leave accruing pro-rata entitlements.
13.9 While every effort will be made to accommodate Long Service Leave requests, it is to be taken at amutually convenient time, agreed with the employee's Line Manager. Approval is dependent on workloadsand staff coverage.
13.10 Salary will be paid in accordance with MCRI’s usual fortnightly pay cycle, including requiredsuperannuation contributions. Refer also to clause 3.4.
13.11 An employee must apply for Long Service Leave online via i-manage and at least 3 months prior tothe commencement date of the leave. This allows for an audit of recorded accrued service and also for theLine Manager to make suitable arrangements to cover the employee's duties while on leave, if required.
13.12 Before going on Long Service Leave, it is the employee's responsibility to ensure that work is up todate and that appropriate handover arrangements have been made with the Line Manager.
13.13 When an employee’s entitlement is excessive, the employee may be directed to take that longservice leave accrued so as to reduce their entitlement to not more than 3 months. The employee will begiven at least 9 months notice in writing of this directive.
13.14 It is an offence to work while on Long Service Leave or to employ a person who is on Long ServiceLeave. However if someone has 2 part time jobs, they may continue to work for the other part time job, but
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Long Service Leave 17
not during the hours for which they would otherwise have worked for the job which is currently payingLong Service Leave. Refer also to the Conflict of Interest Policy & Procedures.
13.15 If the period during which an employee takes paid Long Service Leave includes a day or part-daythat is a public holiday in the place where the employee is based for work purposes, the employee is takennot to be on paid Long Service Leave on that public holiday. This clause does not apply to VCGS MedicalScientists and Genetic Counsellors.
13.16 Recognition of prior service, for Long Service Leave purposes, applies only under the followingcircumstances:
13.16.1 If re-commencing employment at MCRI, or its subsidiary, within 3 months of ceasing.
13.16.2 For VCGS Medical Scientists & Genetic Counsellors, prior service with another health service orhospital, covered by the same EA, may also be recognised for purposes of Long Service Leave, subject to theterms and requirements as detailed in the EA and MCRI Payroll receiving satisfactory written evidence.
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Leave Without Pay14.1 Employees may apply for leave without pay at their Line Manager and MCRI’s discretion, subject toa limit of 3 months after exhausting all paid leave options.
14.2 Apart from situations in clause 14.3, or subject to special approval by the employee’s Line Managerand Human Resources, leave without pay cannot be accessed during an employee’s qualifying period orbeyond a contract end date.
14.3 Situations where employees may be able to take leave without pay include:
• for short absences of up to 1 week, where the employee wishes to take leave for a special reasone.g. attendance at a family event, their honeymoon etc, and the employee does not have sufficientannual leave accrued;
• if the employee does not have sufficient annual leave accrued for a close down period;• for study commitments;• to attend Defence Force camps or training activities;• other special circumstances, up to 3 months, as per 14.1.
14.4 Requests for leave without pay will be assessed and determined on their merits, and will considerboth the employee’s needs and MCRI’s business needs.
14.5 Prior to a period of leave without pay, an employee must contact Payroll to discuss possible effecton their Salary Packaging arrangements.
14.6 Annual, Personal/Carers, Long Service Leave & Leave Loading entitlements do not accrue while onleave without pay.
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Related PoliciesCasual Employment Policy
Leave Policy - Full Time & Part Time Employees (MCRI1018)
Leave Without Pay 18
Qualifying Period of Employment Policy & Procedure
Flexible Working Arrangement Policy
International & Domestic Travel Policy
Conflict of Interest Policy & Procedures
The current, official version of this Policy and associated Procedures is maintained on this Policies and Procedures database. Printing this Policy or transferring it into another
electronic format will result in the document being an uncontrolled copy which might not be current. Please refer any feedback to the Policy Owner via the link below:
Policy Sponsor : Employee Benefits & Policy Manager Policy Approved Date: 19 November 2010
Policy Owner : Human Resources Policy Status: Mandatory
Policy Approved By : Head of Human Resources Policy Review By Date: 1 August 2013
Leave Policy - Full Time & Part Time Employees (MCRI1018)
Related Policies 19
