Category: Latest News

IR Common Questions: Personal/Carer's Leave

Ron Ballucci Thursday, 29 March 2018 11:27

MTA WA's Industrial Relations Manager Ron Ballucci answers your leave questions;

This edition relates to Personal, Sick & Carer's Leave.

You can call Ron personally on 9233 9800 or email This email address is being protected from spambots. You need JavaScript enabled to view it. for this or any IR issue.


 

PERSONAL/CARER'S LEAVE

FEDERAL
(Applicable to Constitutional Corporations)

Can I request that employees provide a medical certificate if claiming personal leave?

Yes.

In accordance with the Fair Work Act 2009, employees absent on personal/carer’s leave must (if required by their employer) provide evidence that would satisfy a reasonable person. 

A medical certificate from a registered health practitioner or if not reasonably practical, a statutory declaration may be requested for all personal/carer’s leave, unless otherwise agreed by the Employer in specific circumstances.

It is recommended that employers have a clear contract of employment / company policy outlining such requirement.

If a worker fails to produce a medical certificate in accordance with the award or contract or policy then the absence is unpaid.

Is personal/carer’s leave cumulative (I.e. does it ‘roll over’ from year to year)?

Yes.

An employee (other than a casual employee) is entitled to 10 days of paid personal/carer’s leave for each year of service with their employer.

An employee’s entitlement to paid personal/carer’s leave accrues progressively during a year of service, according to the employee’s ordinary hours of work and accumulates from year to year.

Does an employee have to wait one year before being able to take personal/carer’s leave?

No.

Personal/carer’s leave is accrued on an employee’ ordinary hours of work from the time they commence with their employer.

How do I calculate personal leave for a worker? 

A worker is entitled to 10 days personal leave or 76 hours per year.

The hourly rate is accrued for ordinary hours worked, to a maximum of 38 hours.

The hourly rate is calculated as follows:

  • 76 hours per year
  • Hourly rate of 0.0385 for each hour of work up to 38 hours per week.

Overtime is not included in ordinary hours. 

If the worker is on unpaid leave do they still accrue personal leave?

No.

Personal leave only accrues for each day worked.

For example, Joe has 2 days unpaid leave of 16 hours and 3 days worked for 22 hours.

His entitlement for the week for personal leave is 22 hours x 0.0385 = 0 .0846 hours of accrued personal leave.

If the worker illness or injury is contributed to his serious and willful misconduct is payment made to the worker? 

Yes.

Personal leave is payable to the worker for any absence based on illness or injury.

 

 

 

SICK/CARER'S LEAVE

(STATE)
(Applicable to NON Constitutional Corporations)

Can I request that employees provide a medical certificate if claiming sick leave?

Yes.

An employer can require an employee to provide reasonable evidence (i.e. a medical certificate) before they are paid for any time off work on sick leave or carer’s leave provided it is written in your policy document.

Most State Awards require a worker to provide a medical certificate or evidence that would satisfy a reasonable person after two days of being absent.

Where a worker is absent prior to or after a public holiday they are required to provide a medical certificate.

Award free workers are required to provide a medical certificate or evidence that would satisfy a reasonable person for any absence. This is required to be written in your policy or procedure.

If a worker fails to produce a medical certificate in accordance with the award or contract or policy then the absence is unpaid.

Is sick/carer’s leave cumulative (I.e. does it ‘roll over’ from year to year)?

Yes.

 An employee (other than a casual employee) is entitled to 10 days of paid sick leave for each year of service with their employer.

Carer’s leave is capped at 5 days per year, taken from sick leave entitlement.

Sick leave is a cumulative entitlement which means that if the employee does not use up their full entitlement in any one year, the leftover portion is carried over and added to the next year’s entitlement for Award employees only.

Sick/Carers leave for non-Award employees e.g. Managers under the Minimum Conditions of Employment Act 1993, does not carry over from year to year.

Does an employee have to wait one year before being able to take sick/carer’s leave?

No.

Sick/carer’s leave is accrued on an employee’ ordinary hours of work from the time they commence with their employer.

How do I calculate sick leave for a worker?

A worker is entitled to 10 days sick leave or 76 hours per year.

The weekly rate is accrued at 1.462 hours for 38 ordinary hours worked for a full-time employee.

Overtime is not included in ordinary hours.

If the worker is on unpaid leave do they still accrue sick leave?

No.

Sick leave only accrues for each day worked.

For example, Joe has 2 days unpaid leave of 16 hours and 3 days worked for 22 hours.

His entitlement for the week for sick leave is 1.463 hours divide by 38 x hours worked (22) = 0.846 hours.

Alternative calculation is: 22 hours x 0.0385 = 0.846 hours of accrued personal leave. 

If the worker illness or injury is contributed to his serious and willful misconduct is payment made to the worker?

No.

Sick leave is not payable to the worker for any absence based on illness or injury relating to his gross misconduct or negligence or his gross or willful neglect.

The Department of Transport is is inviting applications for suitably qualified organizations with an established premise in South East Wheat belt Region to perform vehicle inspection services.
Details of the tender and application process can be found via the below link;

The Premier of Western Australia joined the MTA WA for a celebratory ‘Gala Dinner’ held at Fraser’s Kings Park. MC Basil Zempilas entertained more than 230 guests including influential industry members, award nominees, sponsors and dedicated contributors to the Motoring Industry.

Julie Wadley announced as 2018 MTA WA Life Member

Pia Duxbury Friday, 23 March 2018 13:58

Last night at the 2018 WA Automotive Industry Dinner Julie Wadley was inducted into Life Membership of the Motor Trade Association of WA (MTA WA) for decades of service to the state motor trade sector. 

MTA WA CEO Stephen Moir said "Julie's level of service to the industry has been just extraordinary, not only has she volunteered her time serving on the MTA WA Board and Body Repair Division Committee, she also serves the RAC WA and Capricorn Society." 

"She is incredibly passionate about the industry and has been a fearless advocate and ambassador for the sector."

"It's also been wonderful to welcome Julie as the first woman to hold life membership of the MTA WA, I hope it will inspire other female automotive entreprenurs to get involved in the automotive industry,"  Mr Moir said.

IR Common Questions: Annual Leave

Amy Doherty Tuesday, 20 March 2018 09:35

Can an employee 'cash out' their annual leave?

8 Cash Flow Improvement Tips

Amy Doherty Tuesday, 20 March 2018 08:59

Cashflow constraints are one of the biggest hurdles facing many small businesses. Whilst business may be going well, getting paid on time and managing costs can be an issue.

Fine for unlicensed motor vehicle dealer in Busselton

Amy Doherty Friday, 16 March 2018 14:09

A 37 year old Busselton man has been fined $2,000 and ordered to pay costs of $200 by the Busselton Magistrates Court for buying and selling motor vehicles without a licence.

Beware of Bitcoin Tax Scammers

Amy Doherty Friday, 16 March 2018 13:47

What’s happened?

The Australian Taxation Office is warning people to beware of scammers impersonating the ATO and demanding Bitcoin or other cryptocurrency as a form of payment for fake tax debts.

The ATO has seen over $50,000 paid in Bitcoin to scammers claiming fake ATO tax debts so far.

A Boulder mechanic has been banned from holding a certificate to work in the motor vehicle repair industry in WA for two years by the State Administrative Tribunal (SAT) after failing to inform Consumer Protection about his criminal charges and convictions.

This submission is provided as a public submission

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