As part of the 2023-2024 Employment and Operations Guides Pack ACAPMA has released the Personal and Carers (sick) Leave Guide. This detailed Guide provides detailed review of the national and Award level leave entitlements for staff in these important areas as they apply to both permanent and casual employees in the fuel wholesale, retail and administrative areas.
“Personal and Carers Leave, or sick leave as it is more commonly called, is something that most businesses are well versed in, but what is not often understood is that Personal and Carers Leave is an entitlement for all staff, that comes from the Fair Work Act and from the Award. Whether this leave is paid or not will depend on the employees status and the leave itself…but the entitlement exists for all staff and can be complicated by the particular conditions of the Award. So it is vital that all businesses have a detailed working understanding of these vital areas” explains ACAPMAs Elisha Radwanowski.
The Guide explores important elements of getting Personal and Carers Leave right such as;
- What is a ‘day’?
- Does the entitlement accrue with time worked or is it available on day one?
- Can you cash out accrued leave?
- Does the entitlement roll forward from one year to the next or does it disappear if not used?
- Does the employee have to be sick?
- Can this leave be used for planned doctors or dental appointments?
- What evidence can the business request or require?
- Does taking this leave impact continuity of employment?
- Can this leave be used to take a ‘mental health day because [the staff] not feelin it today’?
- How does unpaid leave work?
“Personal and Carers Leave may be one of the most established of the leave entitlements, but the way work is conducted, access to doctors, definitions of a family and the need to communicate expectations mean that while it is ‘familiar’ it should not be unexamined. It really is worth the time and effort to review the requirements in the context of the business and ensure that systems and communications to staff are appropriate”, concluded Elisha.
The Guide includes sample Policies and is complimented by a separate set of Sample Case Studies Forms, Letters and File Notes to assist with implementation in businesses of all sizes.
The ACAPMA Member Guide 2023-2024 on Personal and Carers (sick) Leave is available to all ACAPMA Members now in the Member Portal of acapma.com.au or on request via employment@acapma.com.au . This Guide and the whole Employment and Operations Guide Pack and will be emailed directly to all members in the coming weeks.
Here to Help
This article is general in nature and covers things to consider, implement and watch out for in your business. It is provided as general advice and you should seek further advice on your situation. ACAPMA Employment Professionals are available to assist ACAPMA members via employment@acapma.com.au . ACAPMA membership is affordable at only $860inc GST per year for a single site and valuable with sites gaining HR advice support and representation as well as a raft of other benefits and discounts. Visit: https://acapma.com.au/membership/ to learn more or to apply for ACAPMA membership.
Elisha Radwanowski BCom(HRM&IR)
Executive Manager for Employment and Compliance
ACAPMA
