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Notice and prior approval of leave

177. Employees taking personal/carer’s leave, community service leave, compassionate leave or parental leave are required to give notice to the Delegate as soon as practicable that they will be using this leave.

178. Employees are required to seek prior approval from the Delegate  for annual leave, long service leave, cultural, ceremonial and NAIDOC leave, purchased leave and miscellaneous leave, unless it is impractical to do so. Delegate approval is subject to operational requirements, with consideration given to individual circumstances.

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Leave counting and not counting for service

179. Unless otherwise stated in this Agreement or required by law, all leave with pay counts as service for all purposes, and all leave without pay does not count as service for any purpose.

180. Periods of leave that do not count as service do not break an employee’s continuous service.

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Recall to duty or cancellation of leave

181. Employees may have annual, purchased or miscellaneous leave cancelled, or be recalled to duty from these leave types, where the Delegate determines there are exceptional or emergency circumstances and it is reasonable to do so.

182. The Delegate will approve reimbursement of any reasonable and/or unrecoverable costs incurred as a result of leave being cancelled or employees being recalled to work, in line with supporting evidence.

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Annual leave

183. Employees receive 4 weeks paid annual leave for each year of service (pro-rata for part-time), accrued daily.

184. Employees may take annual leave at half pay where they do not have an excess annual leave balance (more than 40 days credit). In exceptional circumstances, the Delegate may determine that an employee with an excess annual balance can take annual leave at half pay.

185. Employees will receive payment for any untaken annual leave upon separation from the APS.

Excess annual leave

186. An annual leave balance is excess if an employee has more than 40 days credit.

187. Where employees have excess annual leave, they must agree a plan with their manager to take reasonable breaks from work and reduce the excess balance to 40 days or below.

188. If agreement cannot be reached, the Delegate may direct an employee to take one or more periods of annual leave to reduce the balance to 40 days or below within the next 12 months. The direction will be in writing and provide at least 30 calendar days’ notice.

Annual leave cash-out

189. Employees may cash out some of their annual leave, provided they have taken at least 5 days annual leave in the preceding 12 months and will have a balance of at least 4 weeks remaining.

190. Each cashing out of a particular amount of annual leave must be by separate agreement in writing between the Delegate and the employee.

191. Payment will be the rate that would have been payable had the employee taken the annual leave.

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Purchased leave

192. The Delegate may approve that an employee purchase up to 8 weeks additional leave (pro-rata for part‑time) for each 12-month period where they do not have an excess annual leave balance. Purchased leave must be taken within 12 months of the initial date of purchase.

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Personal/carer's leave

193. Employees are entitled to 18 days paid leave per annum (pro-rata for part-time employees).

194. Employees are entitled to take personal/carer’s leave at full pay, or half pay with Delegate approval, where they are:

1. ill or injured;
2. attending appointments with a registered health practitioner;
3. managing a chronic condition; and/or
4. required to provide care or support for a family member (including a household member) or a person they have caring responsibilities for because:
   1. of a personal illness or injury affecting the person; or
   2. of an unexpected emergency affecting the other person.

195. A person that an employee has caring responsibilities for may include a person who needs care because they:

1. have a medical condition, including when they are in hospital;
2. have a mental illness;
3. have a disability;
4. are frail or aged; and/or
5. are a child, not limited to a child of the employee.

196. Where employees have exhausted their paid personal/carer’s leave they are entitled to 2 days unpaid carer’s leave each time a family member or household member needs care because of illness, injury or an unexpected emergency.

197. In exceptional circumstances, the Delegate may grant additional half pay personal/carer’s leave to employees where they have used all of their personal/carer’s leave and provide supporting evidence.

Evidence requirements

198. Evidence, such as a medical certificate or statutory declaration, may be requested by the Delegate, in the following circumstances:

1. Personal/carer’s leave absence of more than 3 consecutive working days.
2. for future personal/carer’s leave absences.

199. A certificate from a registered health practitioner for the forward 12 months may be used as evidence of a chronic condition for personal/carer’s leave.

Accrual

200. Newly engaged ongoing APS employees receive 18 days credit on their PM&C start date. After 12 months the leave will accrue progressively and is credited daily.

201. Existing ongoing APS employees moving to PM&C will accrue leave progressively and be credited daily upon commencement.

202. Non-ongoing employees will be credited 18 days of paid personal/carer’s leave upon commencement, pro‑rated based on the employee’s initial contract period, capped at 18 days (pro-rata for part-time).

203. After the initial non-ongoing contract period or 12 months, whichever is shorter, or where the non-ongoing employee has an existing entitlement to personal/carer’s leave, the leave will accrue progressively and be credited daily.

204. Where employees have more than 30 days that do not count as service in the preceding 12 months, their accrual of personal/carer’s leave will be reduced proportionately.

Transitional arrangements

205. Employees who, immediately before the commencement of this Agreement were:

1. ongoing employees at PM&C will transition from annual accrual of personal/carer’s leave to daily accrual on their next APS anniversary occurring between 14 March 2024 and 13 March 2025.
2. non-ongoing employees at PM&C will be credited 18 days of paid personal/carer’s leave upon commencement of this agreement, pro-rated based on the employee’s initial contract period and any accrued leave already credited, capped at 18 days (pro-rata for part-time).

APS Anniversary means the anniversary of the date the employee commenced in the APS.

206. Where an employee:

1. has a chronic condition or other ongoing illness, or cares for someone with a chronic condition or other ongoing illness;
2. is recovering from surgery;
3. is pregnant; or
4. is returning from parental leave or has a child commencing day care;

and, as result of the transition to daily accrual of personal/carer’s leave, does not have sufficient credit to cover an absence for which they would otherwise have been able to take personal/carer’s leave, the Delegate will advance the employee’s accrual up to the 12 month anniversary where their leave would have otherwise been credited.

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Portability of leave and recognition of prior service

207. Where an employee moves into PM&C from another APS agency where they were an ongoing employee, the employee’s unused accrued annual leave and personal/carer’s leave will be transferred, provided there is no break in continuity of service.

208. Where an employee is engaged in PM&C immediately following a period of employment in the Parliamentary Services or the ACT Government Service, the employee’s unused accrued annual leave and personal/carer’s leave will be recognised unless the employee received payment in lieu of those entitlements on cessation of employment.

209. Where an employee is engaged as an ongoing employee in PM&C, and immediately prior to the engagement the person was employed as a non-ongoing APS employee (whether in the agency or another), at the employee’s request, any unused accrued annual leave (excluding accrued leave paid out on separation) and personal/carer’s leave will be recognised.

210. Where an employee is engaged as a non-ongoing APS employee, and immediately prior to the engagement the person was employed as a non-ongoing APS employee (whether in the agency or another) at the employee’s request, any unused accrued annual leave (excluding accrued leave paid out on separation of employment) and personal/carer’s leave will be recognised.

211. Where an employee is engaged as an ongoing employee in PM&C, and immediately prior to the engagement the person was employed by a Commonwealth Government employer (other than in the Parliamentary Services which are covered in clause 208), the Delegate will recognise any unused accrued personal/carer’s leave at the employee’s request. The Delegate will advise the employee of their ability to make this request.

212. Where an employee is engaged in PM&C, and immediately prior to the engagement the person was employed in government service, the Delegate may recognise any unused accrued personal/carer’s leave, provided there is not a break in continuity of service. For the purposes of this clause, Government service is as defined in the LSL Act.

213. For the purposes of clauses 207 to 212, an employee with a break in service of less than 2 months is considered to have continuity of service.

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Long service leave

214. An employee is eligible for long service leave in accordance with the LSL Act.

215. The minimum period for which long service leave will be granted is 7 calendar days (whether taken at full or half pay). Long service leave cannot be broken with other periods of leave, except as otherwise provided by legislation or provided for in the re-crediting of leave clause at 289 of this Agreement.

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Cultural, ceremonial and NAIDOC leave

NAIDOC leave

216. Employees may access up to one day per calendar year, of paid leave, to participate in NAIDOC week activities.

217. NAIDOC leave can be taken in part days.

First Nations ceremonial leave

218. First Nations employees may access up to 6 days of paid leave over 2 calendar years to participate in significant activities associated with their culture or to fulfil ceremonial obligations.

219. The Delegate may approve additional leave for cultural or ceremonial purposes as miscellaneous leave, with or without pay.

220. First Nations ceremonial leave can be taken as part days.

221. First Nations ceremonial leave is in addition to compassionate and bereavement leave.

Cultural leave

222. The Delegate may grant up to 3 days of paid leave per calendar year for the purpose of attending significant religious or cultural obligations associated with the employees’ particular faith or culture.

223. The Delegate may approve additional leave for cultural purposes as miscellaneous leave, with or without pay.

224. Cultural leave can be taken as part days.

225. For the avoidance of doubt, this leave does not cover cultural purposes or obligations which are eligible for paid leave under clause 218.

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Parental leave

226. A primary caregiver, secondary caregiver and ML Act is defined in the definitions section.

227. An employee who is a primary caregiver or secondary caregiver is entitled to parental leave up until 24 months from the date of the child’s birth or placement (parental leave period). For the avoidance of doubt, this is inclusive of all legislated leave entitlements. The parental leave period does not extend non‑ongoing employment where the employment period remaining is less than 24 months. An employee is only eligible for parental leave with pay as either a primary caregiver or a secondary caregiver for the particular parental leave period, and cannot switch roles for the purpose of accessing additional paid leave.

228. For the pregnant employee, the parental leave period starts on commencement of maternity leave as per ML Act requirements, and ceases 24 months from the date of birth. Medical certification requirements for the pregnant employee will be as required by the ML Act.

229. Conditions in this agreement will continue to apply in circumstances where successor legislation to the ML Act does not provide parental leave conditions included in this agreement.

Payment during parental leave

230. An employee is entitled to parental leave with pay as per clauses 232 and 233 below within the parental leave period. Any further parental leave during the parental leave period is without pay. Unused paid parental leave remaining at the end of the employee’s parental leave period will lapse. An employee may choose to use their accrued paid leave entitlements in accordance with usage and eligibility requirements in this agreement during the parental leave period that would otherwise be without pay.

231. Employees newly engaged or who have moved to PM&C from another APS agency are eligible for the paid parental leave in clauses 232 and 233 where such paid leave had not already been provided by another APS or Commonwealth employer in the 24 months since the child’s date of birth or placement. If the paid leave used by the employee with the previous Commonwealth or APS employer is less than the limits specified in clauses 232 and 233 the balance is available to the employee.

232. An employee who is a primary caregiver is entitled to parental leave with pay during the parental leave period to a maximum of 18 weeks as provided in Table 1 below.

233. An employee who is a secondary caregiver is entitled to parental leave with pay during the parental leave period as provided in Table 2 below.

Flexibility

234. Parental leave with pay, whether provided as maternity leave under the ML Act or under this Agreement, can be accessed flexibly during the parental leave period and does not have to be taken in a single block. For the avoidance of doubt, parental leave can be used to replicate a part-time work arrangement, and can be taken concurrently with another parent in relation to the same child.

Rate of payment

235. The rate of payment during paid parental leave is the same as for an absence on personal/carer’s leave and based on the employee’s weekly hours at the time of the absence.

Half-pay option

236. The payment of any paid parental leave may be spread over a maximum period of 36 weeks at the rate of, no less than, half the normal rate of salary. All paid parental leave counts as service for all purposes, where permitted by legislation.

Adoption, foster and permanent care order leave

237. An employee who is a primary caregiver or secondary caregiver is entitled to parental leave in accordance with this Agreement for adoption or long-term foster care, provided that the child:

1. is under 16 as at the day (or expected day) of placement;
2. has not lived continuously with the employee for a period of 6 months or more as at the day (or expected day) of placement; and
3. is not (otherwise than because of the adoption) a child of the employee or the employee’s spouse or de facto partner.

238. Documentary evidence of approval for adoption or enduring parental responsibilities under formal fostering arrangements must be submitted when applying for parental leave for adoption or long-term foster carer purposes. 

239. Eligibility for this leave extends to traditional adoption arrangements for Aboriginal and Torres Strait Islander employees.

240. Employees may take 2 days unpaid pre-adoption leave to attend interviews or examinations required to obtain approval to adopt a child, where their paid leave credits are insufficient.

Stillbirth

241. Parents of a stillborn child remain eligible for parental leave, except for paid leave for the secondary caregiver which is 2 weeks.

242. A stillborn child is a child:

1. who weighs at least 400 grams at delivery or whose period of gestation was 20 weeks or more;
2. who has not breathed since delivery; and
3. whose heart has not beaten since delivery.

Pregnancy loss leave

243. A pregnant employee who experiences, or an employee whose partner experiences, pregnancy loss is entitled to one weeks’ paid leave. Pregnancy loss is a miscarriage or other loss of pregnancy that occurs between 12 and 20 weeks’ gestation that is not a stillbirth.

244. Pregnancy loss leave is in addition to entitlements to compassionate leave for miscarriage provided under the FW Act and this agreement.

Premature birth leave

245. In circumstances of a live birth before 37 weeks’ gestation a pregnant employee, or an employee whose partner has given birth prematurely, is entitled to paid premature birth leave from the date of the child’s birth up to just before 37 weeks’ gestation. Parental leave with pay is then available from what would have been 37 weeks’ gestation in accordance with parental leave in this agreement, noting the parental leave period commences on the child’s date of birth.

Transitional provisions

246. Employees eligible for paid leave under the ML Act are required under legislation to use their paid maternity leave first. In this circumstance, the employee may postpone their paid premature birth leave otherwise payable under clause 245 until after the legislated paid maternity leave is used.

Return from parental leave

247. Employees are entitled to return to their pre-parental leave position after a period of parental leave. Where this position no longer exists, they will return to a position at their substantive classification for which they are qualified and suited.

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Compassionate leave

248. Employees will be eligible for 3 days paid compassionate leave on each occasion when:

1. a member of their family (including a member of their household) or someone they have a close personal relationship with contracts, develops or sustains a life-threatening illness or injury; or
2. the employee or their partner has a miscarriage.

249. An employee may be asked to provide evidence to support their absences on compassionate leave.

250. Compassionate leave for an occasion may be taken as 3 consecutive days or in separate periods totalling 3 days. This can include part days.

251. For casual employees, compassionate leave is unpaid.

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Bereavement leave

252. Employees will be eligible for 3 days paid bereavement leave on each occasion when:

1. a member of their family, household or someone they had a close personal relationship with dies; or
2. a child is stillborn, where the child was a member of their family (including member of their household).

253. An employee may be asked to provide evidence to support their absences on bereavement leave.

254. Bereavement leave for an occasion may be taken as 3 consecutive days or in separate periods totalling 3 days. This can include part days.

255. For casual employees, bereavement leave is unpaid.

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Emergency response leave

256. In line with section 108 of the FW Act, an employee who engages in an eligible community service activity can get emergency response leave to volunteer for emergency management duties for:

1. the time engaged in the activity;
2. reasonable travelling time; and
3. reasonable recovery time.

257. Full-time and part-time employees will be able to access 20 working days of paid emergency response leave at their full rate of pay per year if required. The Delegate may provide additional emergency response leave with pay.

1. For the purposes of this clause, full rate of pay is to be as if the employee was at work.

258. Paid leave may be refused where the employee’s role is essential to PM&C response to the emergency.

259. An employee must provide evidence that the organisation requests their services. Employees can provide evidence before or as soon as practical after their emergency service activity.

260. The Delegate may approve reasonable paid or unpaid leave for ceremonial duties and training.

261. Emergency response leave, with or without pay, will count as service.

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Jury duty

262. Employees who are required by a court to attend either for jury selection, or to act as a juror, will be released from duty for the required period, without the need to apply for leave.

263. Full and part-time employees will be released from duty on their full rate of pay. Payment for casuals will be as per the relevant state legislation.

1. For the purposes of this clause, full rate of pay is to be as if the employee was at work.

264. The employee is required to inform their manager before they are released from duty and provide evidence of the need to attend.

265. If the employee receives a payment from the court for attendance (which are not expense related such as allowances and reimbursements), they must repay that amount to PM&C for the period of absence. This will be administered in accordance with the overpayments clause.

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Leave to attend proceedings

266. An employee giving evidence before a Court, Tribunal or Royal Commission on behalf of the Commonwealth or a Commonwealth party in the course of their duties, will be considered on duty.

267. An employee who is not covered under clause 266, and is required to give evidence to, appear before or attend to instruct a representative at a Court, Tribunal or Royal Commission in relation to their duties will be released from duty without loss of pay. This includes in proceedings relating to a dispute between the employee and PM&C.

268. An employee may otherwise be granted paid or unpaid miscellaneous leave by the Delegate if required to give evidence to a Court, Tribunal or Royal Commission for any other reason. Where approval for unpaid leave is given, the employee may elect to use accrued annual leave, flex-time or TOIL.

269. The Delegate may refuse to release an employee from duty having regard to business requirements and whether the employee’s attendance is necessary for the Court, Tribunal or Royal Commission hearing.

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Defence related leave

Defence reservist leave

270. The Delegate will give an employee leave with or without pay to undertake:

1. Australian Defence Force (ADF) Reserve and continuous full-time service (CFTS); and
2. Australian Defence Force Cadet obligations.

271. An employee who is a Defence Reservist can take leave with pay for:

1. up to 4 weeks (20 days) in each financial year (pro-rata for part-time employees); and
2. an extra 2 weeks (10 days) in the first year of ADF Reserve service (pro-rata for part-time employees).

272. Leave can be built up and taken over 2 consecutive years. This includes the extra 2 weeks in the first year of service.

273. An employee who is an Australian Defence Force Cadet officer or instructor can get paid leave up to 3 weeks in each financial year to perform their duties. Australian Defence Force Cadets means:

1. Australian Navy Cadets;
2. Australian Army Cadets; and
3. Australian Air Force Cadets.

274. In addition to the entitlement at clause 271, paid leave may be granted to an employee to attend an interview or medical examination in connection with the enlistment of the employee in a Reserve Force of the Defence Force.

275. Paid Defence reservist leave counts for service.

276. Unpaid defence reservist leave for 6 months or less counts as service for all purposes. This includes periods of CFTS.

277. Unpaid leave taken over 6 months counts as service, except for annual leave.

278. An employee will not need to pay their tax free ADF Reserve salary to their agency for any reason.

Defence service sick leave

279. An employee is eligible for defence service sick leave credits when the Department of Veterans Affairs (DVA) has certified that an employee’s medical condition is as a result of either:

1. war-like service; or
2. non-war like service.

280. An eligible employee can get 2 types of credits:

1. an initial credit of 9 weeks (45 days) defence service sick leave (pro-rata for part-time employees) will apply at the following dates, whichever is later:
   1. they start employment with the APS; or
   2. DVA certifies the condition.
2. an annual credit of 3 weeks (15 days) defence service sick leave.

281. An employee can use their defence service sick leave when a recognised medical practitioner provides a certificate that says they were away due to their DVA certified medical condition.

282. Unused annual credits can be built up to 9 weeks.

283. An employee cannot use annual credits until the initial credit is exhausted.

284. Defence service sick leave is paid and counts as service for all purposes.

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Miscellaneous leave

285. Miscellaneous leave may be granted with or without pay for family and domestic violence support and an appropriate purpose that is not provided for elsewhere in this Agreement. The Delegate will consider requests in line with supporting evidence.

286. Miscellaneous leave without pay exceeding 6 months will not be approved until annual and purchased leave credits are exhausted, unless the Delegate determines otherwise in exceptional circumstances.

287. A period, or cumulative periods, of miscellaneous leave without pay exceeding 30 days within a 12 month period will not count as service for annual or personal/carer’s leave purposes, except that it may count for personal/carer’s leave if the leave without pay is determined by the Delegate to be in the interests of PM&C and the employee returns to duty with PM&C following the leave.

288. Any period of miscellaneous leave without pay regardless of duration will not count as service for long service leave purposes, unless a Delegate determines otherwise on a case-by-case basis. Exceptions apply under the LSL Act where an employee is absent on account of ill-health, for specified Defence service, or to occupy an executive office.

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Re-crediting of leave

289. When an employee is on:

1. annual leave;
2. purchased leave;
3. defence reservist leave;
4. First Nations ceremonial leave;
5. NAIDOC leave;
6. cultural leave; or
7. long service leave; and

becomes eligible for, under legislation or this agreement:

8. personal/carer’s leave;
9. compassionate or bereavement leave;
10. jury duty;
11. emergency response leave;
12. leave to attend to family and domestic violence circumstances; or
13. parental leave, premature birth leave, stillbirth leave or pregnancy loss leave;

the affected period of leave will be re-credited.

290. When an employee is on personal/carer’s leave and becomes eligible for parental leave, premature birth leave, stillbirth leave or pregnancy loss leave, the affected period of leave will be re-credited.

291. Re-crediting is subject to appropriate evidence of eligibility for the substituted leave.

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