1. INTRODUCTION
At Castle Hill RSL Club Ltd (CHRG) we understand that you need to have regular breaks throughout the year to keep you refreshed. We also understand that things might happen in life, which means you may need to take unexpected time away from work.
The purpose of this policy is to establish the management of leave entitlements and discretionary provisions in accordance with all legislative requirements, operational needs and individual needs and covers:
Annual Leave
Personal (Sick/Carer’s) Leave
Birthday Leave
Support Leave (Study, Family, Community)
Compassionate Leave
Community Service Leave
Parental Leave
Long Service Leave
Domestic Violence Leave
Leave Without Pay
Public Holidays
All team members are entitled to leave in accordance with the National Employment Standards (NES), the Registered and Licenced Clubs Award (‘Award’), this policy and their employment contract.
Team members are not entitled to take leave under this policy unless they comply with the notice and evidence requirements outlined in the policy.
This policy applies to all team members of CHRG and does not form part of, or is not incorporated in any way into, your contract of employment. CHRG, in its absolute discretion, may amend the basis on which any of the benefits in this policy are given.
2. ANNUAL LEAVE/NON-AVAILABILITY
2.1.Permanent/ Permanent Part-time Employees
Generally, permanent team members are entitled to four (4) weeks paid annual leave per year (pro-rata parttime). In addition, when thirty (30) Sundays and/or Public Holidays are worked as part of your ordinary hours, one week of additional leave shall be accrued.
Leave is accrued throughout the year and should be taken in the year of accrual.
Annual leave is paid at the team members’ base rate of pay for the average weekly hours worked over the last twelve months plus leave loading where applicable.
Team members wishing to arrange annual leave need to submit a Leave Application at least five (5) weeks in advance through our time and attendance system. The relevant rostering coordinator or leader will consider the leave application form. Whilst every endeavour will be made to grant an employee’s request, it may not always be possible to grant the period of leave requested. Therefore, as much notice as possible is advisable, to avoid disappointment. Team members are not to plan/book holidays before a leave request has been approved.
Team members will be notified of the outcome of their application as soon as practicable.
2.2.Casual Employees
Casual team members do not accrue annual leave, rather they receive a 25% loading on their Monday – Friday hourly rate as provided by the Award.
Casual team members can request time off via our time and attendance system prior to rosters being posted. If a casual cannot work a rostered shift, they must speak to their rostering coordinator as soon as reasonably
practicable. Please note – repeated attempts to forfeit rostered shifts may be interpreted as unreliability and impact the continuation of the employment relationship.
Team members are not to plan/book holidays before a time off/non-availability request has been approved.
2.3.Cashing
out Annual leave
All permanent team members are eligible to cash out leave in accordance with the Award and the NES. All requests are to be made to the employee’s leader who will liaise with the People and Purpose team to execute a written agreement. The maximum an employee can cash out in any twelve-month period is two weeks.
2.4.Direction
to take annual leave
CHRG may direct team members to take annual leave in the following circumstances, in accordance with the Award:
A period of operational shutdown
Where the employee has an excessive annual leave accrual.
3. PERSONAL (SICK/CARER'S LEAVE)
Permanent Team members are entitled to 10 days paid personal leave per year (pro-rata part-time), in accordance with the Award and NES. Paid sick leave accumulates from year to year.
Personal leave may be used when the employee:
is not fit for work due to personal illness or injury; or
is required to provide care or support to a member of the employee’s immediate family or household, who requires care or support due to personal illness or injury, an emergency, or medical appointment.
needs to attend a medical appointment, including dental and pre-natal; or
needs to seek medical attention for their pet; or
is unable attend work due to the death of a pet (maximum of 2 days per occasion)
3.1.Notification
If you are unable to come to work due to illness or incapacity, you are required to ring your leader or the Customer Service Manager as soon as practicable to advise them of your absence, state the nature of your illness or incapacity and the estimated duration of absence. Where possible we expect at least three (3) hours’ notice.
3.2.Evidence
& Approval
Other than two days in any twelve-month period, all periods of personal leave must be supported evidence, which must be provided toyour leader or Customer Service Manager immediately on return towork. Although casual Team members do not accrue paid personal leave, evidence must still be provided to substantiate absence other than two days in any twelve-month period.
CHRG reserves the right to request reasonable evidence at any time, particularly in the case of ongoing or systematic absenteeism.
At their discretion, Leaders may authorise personal leave without evidence.
4. BIRTHDAY LEAVE
Whether you love to celebrate it or want to keep it a secret, your birthday is your day, and we want you to enjoy it. All CHRG team members are treated to their birthday off.
Leave may be taken on the date of your birthday or an alternate date within a month of your birthday, either before or after.
Permanent team members can request paid birthday leave and casual team members can request time off for their birthday or alternative date via our time and attendance system in accordance with the requirements of Annual Leave/Non-Availability.
Birthday leave does not accrue and cannot be used outside of the guidelines of this policy. Any unused birthday leave will be forfeited.
Paid birthday leave is limited to 1/5 of your average weekly hours, that is 7.6 hours (1 day) for permanent fulltime team members and pro rata for part-time team members.
5. SUPPORT LEAVE (STUDY, FAMILY, COMMUNITY)
No matter what stage of life you are at there are times when you just need a few hours off work to support your passions. All CHRG team members can take time off for study and/or family.
Support leave is available for those times you need/want to:
Study for an upcoming exam or sit an exam.
Complete an assignment or assessment.
Support a family member through an important event such as receiving an award, participating in a sports carnival etc.
Participate in a CHRG led community/charity project.
Study/family support leave is limited to 1/5 of your average weekly hours in any twelve-month period, that is 7.6 hours (1 day) for permanent full-time team members and pro rata for part-time and casual team members.
Leave may be taken in blocks of 1 hour or more.
Permanent team members can request paid study/family support leave and casual team members can request time off for study/family support via our time and attendance system in accordance with the requirements of Annual Leave/Non-Availability.
Study/family support leave does not accrue and cannot be used outside of the guidelines of this policy. Any unused leave will be forfeited.
For the purposes of study/family leave, study is defined as any task related to nationally accredited training and family is defined as immediate family or member of the household as defined in the NES.
6. LEAVE WITHOUT PAY
Unpaid leave is to cover special requirements of team members not met by other leave policies. Granting of leave without pay is discretionary. Each application is considered on its merits which team members must obtain the approval from their leader.
All available paid leave must be used before unpaid leave is considered.
7. PARENTAL LEAVE
Parental leave is available for team members to take time off work to care for their newborn or adopted baby. Parental leave is the general term encompassing maternity, special maternity, paternity, and adoption leave.
Paid or unpaid parental leave is inclusive of any public holidays that fall within the leave period.
If the pregnant employee wishes to work during the 6 weeks before the birth, CHRG may request they provide a medical certificate confirming they are fit to continue work.
Note: There are also entitlements under the Commonwealth Government Paid Parental Leave (PPL) scheme which are separate from and not part of the arrangements included in this policy.
7.1.
SafeJob
A pregnant team member is entitled to be transferred to an ‘appropriate safe job’ where they provide medical evidence that confirms they are fit for work, but it is advisable that they do not continue in their current role due to illness or risk.
If there is no ‘appropriate safe job’ available and the employee is entitled to unpaid parental leave, they are entitled to paid ‘no safe job leave’ for the risk period.
They will be paid at their normal rate of pay for ordinary hours of work during the risk period.
If there is ‘no appropriate safe job’ available and the employee is not entitled to unpaid parental leave, they are entitled to unpaid ‘no safe job leave’ for the risk period.
If the employee is on paid ‘no safe job leave’ during the 6-week period before the expected date of birth, CHRG may ask the employee to provide a medical certificate within 7 days after the request advising of the employee’s fitness to work.
In the absence of this, CHRG can require them to take unpaid parental leave as soon as practical (if they are eligible). The ‘no safe job leave’ ends when the period of unpaid parental leave starts.
7.2. PrimaryCarer–CasualTeamMembers
All team members who have worked regularly and systematically with CHRG for a minimum of twelve (12) months are entitled to unpaid Parental Leave in accordance with the NES, including special maternity leave.
7.3. PrimaryCarer-PermanentTeamMembers
In addition to their entitlements under the NES, permanent team members who meet the following criteria will be receive 11 weeks (approx. 2 and a half months) of ‘top-up’ pay:
o Must have a worked a in a permanent capacity for a continuous period of 12 months or more prior to the commencement of the leave.
o Must be eligible for the Commonwealth Government PPL scheme.
o Must be the primary carer for an eligible child.
Where eligible, team members will be entitled to 11 weeks of ‘top-up pay’ to top-up their base wage/salary to their ordinary wage/salary (to a maximum of $2000 per week).
CHRG will pay superannuation guarantee contributions on all Government PPL payments and any top-up wages/salary.
Parental leave payments will be paid in the ordinary pay cycles.
Paid parental leave must be applied for and utilised within the first 12 months following the birth or adoption of the child.
Available annual leave or long service leave can be taken in conjunction with paid and unpaid parental leave and should ordinarily be taken prior to commencing any period of unpaid leave. However, the total period of absence cannot be extended beyond 12 months, or 24 months if an extension is granted.
June2024
If the employee who takes leave is pregnant or gives birth, they can start their leave up to 6 weeks before the expected date of birth or earlier if agreed. If the employee who takes leave is not pregnant, their leave must start on the date of birth or placement of the child.
Employees are not eligible for personal leave after the commencement of parental leave, even if they develop an illness related to the birth of the child.
In the unfortunate case of a still birth or infant death the pregnant team member is entitled to take all (paid and unpaid) parental leave in accordance with this policy. The team member may also choose to return to work through reducing or cancelling their leave with written notice.
7.4. SecondaryCarer-PermanentTeamMembers
All permanent team members who have been employed for a minimum period of twelve (12) months and are the secondary carer for an eligible child are entitled to two (2) weeks (pro-rata for part-time) paid parental leave.
Leave may be taken as a block or single days.
Leave can be taken any time in the twelve (12) months of birth or placement of child.
7.5.
KeepingInTouch
Prior to commencing leave, employees are encouraged to finalise performance-related discussions for the relevant performance year, including a discussion on development and career opportunities for the future.
Primary carers can access up to 10 days for Keeping in Touch during a period of parental leave in accordance withthe NES. The Keeping in Touch days are intendedto assistemployeesto stay connected with thecompany and their team, be involved in planning discussions or meetings that may affect their role and ease the transition back to work.
The team member is entitled to receive their normal pay and accumulates leave entitlement for each Keeping in Touch Day (or part day).
No additional payment will be provided if the employee is on a period of paid leave.
Paid parental leave is not extended by any Keeping in Touch days.
7.6.
ReturntoWork
CHRG is committed to reasonably accommodating flexible work requests to assist employees with work arrangements and parental responsibilities. Flexible work arrangements are available in accordance with our FlexibleWorkPolicy
7.7.
ApplyingforParentalLeave
Parental leave must be applied for, in writing, as early as possible and at least ten (10) weeks prior to its start where possible. A certificate from a registered medical practitioner confirming pregnancy and the expected date of confinement must also be submitted. Any application for primary carer leave must also include an expected date of return.
Where requesting to reduce or extend their leave the application must be submitted in writing at least four (4) weeks before the end of the original 12 months’ unpaid parental leave. CHRG will meet with the employee and respond in writing within 21 days. CHRG will only refuse requests where there are reasonable business grounds. The written response will include details if the request is refused.
More information on the Commonwealth Government PPL and associated entitlements can be found at: https://fairwork.gov.au/leave/parental-leave and https://www.servicesaustralia.gov.au/
8. COMPASSIONATE LEAVE
All team members are entitled to 2 days compassionate leave each time an immediate family or household member dies or suffers a life-threatening illness or injury, including miscarriage and stillborn births. The compassionate leave can be taken as:
a single continuous 2-day period, or
2 separate periods of 1 day each, or
any separate periods the employee and the employer agree.
9. COMMUNITY SERVICE LEAVE
In accordance with the NES, all team members, including casual team members, can take community service leave for activities such as voluntary emergency management activities or jury duty. Except for jury duty, community service leave is unpaid.
An employee who takes community service leave must:
provide notice of the absence as soon as possible (this may be after the leave starts)
the period or expected period of absence.
provide evidence that they're entitled to community service leave.
10. LONG SERVICE LEAVE
All team members are entitled to Long Service Leave in accordance with the Long Service Leave Act 1955 (NSW).
To qualify for long service leave, service with CHRG, must be continuous service, whether on a permanent full time, permanent part time, casual or any other basis under one or more contracts of employment. There are certain interruptions that do not break continuity of employment, but which are not to be taken into account when calculating the period of long service.
Team members must apply for long service leave at least three (3) months prior to the desired date of commencement of leave.
11. FAMILY & DOMESTIC VIOLENCE LEAVE
All team members are entitled to access up to ten (10) days per annum of paid Family and Domestic ViolenceLeave in accordance with the NES and our Family & Domestic Violence Policy.
12. PUBLIC HOLIDAYS
As CHRG services the community throughout its hospitality and sporting venues, it is customary that we trade 365 days a year, including public holidays. To meet these operational requirements, we must roster an adequate number of staff to work on public holidays.
Upon commencement, all team members must indicate their availability to work on all statutory public holidays.
Where a team member indicates they are not available to work on public holidays, they are required to provide a reasonable explanation for their refusal. CHRG will then determine whether refusal to work on the public holiday is reasonable or not. We may seek additional information or evidence from the employee regarding