What is the Purpose of This Policy?
This Leave Policy establishes guidelines for leave entitlements across different employment categories in Australia. It covers annual leave, personal/carer's leave, compassionate leave, long service leave, and community services leave (including jury service and voluntary emergency services).
Who Can Use This Policy?
This Leave Policy applies to all employers throughout Australia, with the exception of:
- Non-constitutional corporation employers in Western Australia
- State public sector employers (employees of a Minister, the Governor or the Crown)
- Local government employers (except Tasmania)
What Types of Leave Are Covered?
The Policy addresses various leave categories including:
- Annual leave
- Personal/carer's leave
- Compassionate leave
- Long service leave
- Community services leave (including jury service and voluntary emergency services)
Miscarriage Leave
The Policy addresses miscarriage leave as part of compassionate leave. Under the provisions of the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021, employees or their spouse/de facto partner who experience a miscarriage are entitled to:
- 2 days paid compassionate leave (unpaid for casuals)
- Compliance with existing notice and evidence requirements
- Documentation that would satisfy a reasonable person that the leave is taken for the permissible reason
How Do Entitlements Vary Between Employees?
Leave entitlements may differ for specific categories of employees, depending on the specific details of applicable awards or agreements:
- Day workers
- Shift workers
- Agreement-covered employees
- Award-covered employees
- Award/agreement free employees
What Considerations Apply to Miscarriage Leave?
Miscarriage leave, as currently drafted in the policy, applies to stillbirths only, in accordance with the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 (Bill).
The definition of 'miscarriage' may be subject to expansion following parliamentary debate.
What Should Employers Consider Before Implementation?
Employers must ensure this Policy aligns with any existing:
- Enterprise agreements
- Employment contracts
- Awards applicable to their workplace
The Policy should be used in conjunction with separate policies on parental leave and leave without pay, which can be found on the HR Advance website.
When Did These Entitlements Take Effect?
Important Legislative Timeline:
- At the time of writing, the miscarriage leave provision awaits legislative approval and is not currently law
Users should verify the relevant legal provisions at the time of implementation.
Policy Implementation Best Practices
Key Implementation Steps:
- Review Current Arrangements: Assess existing awards, agreements, and contracts
- Ensure Compliance: Verify alignment with National Employment Standards
- Employee Communication: Clearly communicate policy changes to all staff
- Training Requirements: Ensure managers understand leave entitlements and procedures
- Documentation: Maintain clear records of leave applications and approvals
Compliance and Legal Support
Important: This policy template must be customised to reflect your specific workplace arrangements and legislative requirements. Employers should ensure full compliance with:
- National Employment Standards (NES)
- Applicable modern awards
- Enterprise agreements
- State and territory legislation
Note: This guidance is for informational purposes only and should be customised to your specific workplace requirements before implementation.
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