4.8.1 General

Teachers can utilise family and community service leave to meet a range of family activities and community service responsibilities. This could include a need to respond to an emergency situation or in the event of planned absences for family and community service responsibilities where some advance notice is given.

Family and community service leave to credit may be granted for family and community activities and responsibilities for which the teacher certifies that there is sufficient need to absent themselves from work.

Family and community service leave is available to permanent and temporary teachers and accrues on a pro rata basis during periods of part time work.

A teacher’s eligibility for family and community service leave for family and community activities and responsibilities or in a case of pressing necessity will be determined in accordance with the definitions set out in Section 4.8.2 h).

The maximum amount of family and community service leave which may be granted to a teacher is:

• Two and a half (2½) days in a teacher’s first year of service;
• Two and a half (2½) days in a teacher’s second year of service; and
• An accrual of one (1) day per year thereafter.

The amounts in the three dot points above are fully cumulative.

Where family and community service leave has been exhausted, additional paid family and community service leave of up to two (2) days may be granted on a discrete ‘per occasion’ basis to a teacher on the death of a family member. For the purposes of this section a ‘family member’ means a class of person as defined in Section 4.8.2 h).

Teachers who apply for a period of leave that exceeds the maximum entitlement to family and community service leave may be granted leave without pay or extended leave to credit.

4.8.2 Use of sick leave to care for dependants

a) When family and community service leave has been exhausted, a teacher with responsibilities to a class of person defined in Section 4.8.2 h) who needs their care and support shall be entitled to use the existing balance of sick leave accrued from the past three (3) years. The three (3) year period is determined as being the three (3) calendar years immediately preceding the first day of personal carer’s leave.

b) In exceptional circumstances leave in excess of this limit may be approved. In these circumstances the grant of any further leave is limited to a teacher’s sick leave balance minus leave granted under Section 4.8.2 a).

In determining whether additional leave may be granted, factors to be taken into consideration will include:

• the amount of leave already granted for the current absence;
• the seriousness of the illness of the dependant;
• whether the teacher is the only person who can provide care to the dependant; and
• whether the illness of the dependant is such as to require ongoing long term care.

c) The teacher shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned or that the illness is such as to require care by another person. Applications for leave in excess of three (3) days must be supported by either a medical certificate or statutory declaration.

d) The teacher has the right to choose the method by which the grounds for leave are established, that is, by production of either a medical certificate or statutory declaration.

e) The teacher is not required to state the exact nature of the relevant illness on either a medical certificate or statutory declaration.

f) A teacher shall, wherever practicable, give the Department notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the teacher, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the teacher to give prior notice of absence, the teacher shall notify the Department by telephone of such absence at the first opportunity on the day of absence.

g) In normal circumstances, a teacher will not be granted personal carer’s leave where another person has taken leave to care for the same person.

h) The entitlement to use sick leave is subject to:

i) the teacher being responsible for the care and support of the person concerned; and

ii) the person concerned being:

• a spouse of the teacher; or
• a de facto spouse, who, in relation to a person, who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
• a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the teacher or spouse or de facto spouse of the teacher; or
• a relative of the teacher who is a member of the same household, where for the purposes of this sub clause:

1. "relative" means a person related by blood, marriage, affinity or Aboriginal kinship structures;
2. "affinity" means a relationship that one spouse or partner has to relatives of the other; and
3. "household" means a family group living in the same domestic dwelling.

4.8.3 Personal carers entitlements for casual teachers

a) Casual teachers are entitled to not be available to attend work, or to leave work, if they need to care for a person prescribed in 4.8.2 h) above who is sick and requires care and support, or who requires care due to an unexpected emergency. The casual teacher is not entitled to any payment for the period of non-attendance.

b) The Principal and the teacher shall agree on the period for which the teacher will not be available to attend work. In the absence of agreement, the teacher is entitled to not be available to attend work for up to 48 hours (ie two days) per occasion.

c) The Department must re-engage a casual teacher who has accessed the entitlements provided for under this section.

d) The teacher shall, wherever practicable, give the Principal notice, prior to the absence, of the:

• name of the person requiring care and their relationship to the teacher,
• the reasons for taking such leave, and
• the estimated length of the absence.

If it is not practicable to give prior notice of the absence, the teacher shall notify the Principal by telephone of such absence at the first opportunity on the day of the absence.

e) The casual teacher shall establish either through a medical certificate or statutory declaration, the illness of the person concerned, and that the illness is such as to require care by another person.

4.8.4 Bereavement leave for casual teachers

a) Casual teachers are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in 4.8.2 h) above. The casual teacher is not entitled to any payment for the period of non-attendance.

b) The Principal and the teacher shall agree on the period for which the teacher will not be available to attend work. In the absence of agreement, the teacher is entitled to not be available to attend work for up to 48 hours (ie two days) per occasion.

c) The Department must re-engage a casual teacher who has accessed the entitlements provided for under this section.

d) The casual teacher shall, wherever practicable, give the Principal notice, prior to the absence, of the:

• name of the person deceased and their relationship to the teacher,
• the reasons for taking such leave, and
• the estimated length of the absence.

e) The casual teacher shall, if required, establish by documentation acceptable to the Department, or by statutory declaration, the death of the family member.