Length of carer's leave?

[lumocolor]

I ask this question from the viewpoint of an employee. I work at a Government Business Enterprise. I have 23 days of "personal/carer's leave" accumulated and seek to take a 20 day single block of carer's leave to care for an immediate family member. I have been advised that I can take a maximum of 10 days per year under normal circumstances but having supplied a medical certificate for the family member, I was advised I could take 20 days if I obtained General Manager approval. I was declined General Manager approval and I am due to meet in the coming days to be verbally told what the reason is. As such, I have been advised I have been approved to take the 10 days but not 20 days.

I believe there has been a misunderstanding of the conditions relating to my employment - I believe it is clear that I accrue 10 days of leave a year rather than being limited to taking 10 days of leave a year. As such, I do not believe it is necessary to obtain General Manager approval.

My contract states: "You will be entitled to 10 days' paid personal/carer's leave for each year of continuous service in accordance with the Fair Work Act 2009 (Cth). Your entitlement to this leave accrues progressively during your period of service. In accordance with that Act, the leave can be taken if you are suffering from an illness or injury or to care or support a member of your immediate family or household who has an illness or injury or unexpected emergency. Untaken personal/carer's leave will accumulate from year to year but is not payable on termination of your employment. [GBE Name] may also require medical certificates for absences on personal leave of more than one day or otherwise at the request of [GBE Name]".

I appreciate any insights you can provide!

[Moz]

I thought the whole point of accumulating the leave was so that it could be used in such circumstances. Given it can't be paid out there is no other reason to accumulate it.

I think you are right lumocolor, but other members of this forum will probably know for sure.

[Tiger]

I think far too many people regard PC/L as a right. It is a privilege, available when you are incapable of being at work due to sickness. The majority of employees out there rarely use their sick leave but for those who really strike bad luck as in cancer, it can be a blessing to have accumulated it to use when you really need it.

Every company/organization has its own leave policies which set out the guidelines for taking such leave. Clearly your company has one (?} and as such your request for 20 days has been declined. This is not unreasonable, you are fit to attend work, you are not sick, a family member is, so put yourself in the position of your GM, I'd probably not approve the 20 days either.

Still, having said that, the onus is on you to produce evidence/proof of the seriousness (sounds possibly terminal to me) of your family member's illness such that he/she requires full time care for that period of time plus why such care can't be spread amongst other family members. Your boss is responsible for a business, and perhaps you need to look at the business repercussions of being away for a whole month. Be open to compromise, if the family is not that ill, maybe you can work half days and still be there as needed.

Take the emotion out of the equation and put a succinct case to the GM as to nature of the family member's illness, how the family is dividing up the care, include a medical certificate to support your case and have another go at your GM. If 20 days is still declined, have an adult discussion with him about why he is refusing and see if calm dialogue and compromise can't sway the decision.

Tiger

[Moz]

Tiger, I don't really see how something that is enshrined in law can be considered a privilege.

Certainly employers have some latitude as to how it is administered and what supporting evidence is required to take the leave, but only up to a point. The FWA requires "evidence that would satisfy a reasonable person to substantiate the reasons for the leave".

I don't see anything in the FWA that says an employer's policy can override this.

Moz

[bullswool]

The OP stated a medical certificate was supplied.
And fairly sure the law is clear as OP states:

I accrue 10 days of leave a year rather than being limited to taking 10 days of leave a year. As such, I do not believe it is necessary to obtain General Manager approval.

I'd be very interested in their reasons for denying the leave.

[WorkingMum]

For carers leave, some awards only allow for a set number of days "Per Incident". I know in the award my company is governed by, it is 3 days per allowable incident. This may be why the GM is declining.

[bullswool]

For carers leave, some awards only allow for a set number of days "Per Incident".

From the FairWork Employers Handbook, dated June 2014:

"The NES underpins modern awards, enterprise agreements (EAs) and employment contracts. These may contain extra terms or entitlements, but can’t remove or reduce an employee’s rights under the NES" (my emphasis).

The NES states: Personal / carer’s leave and compassionate leave is 10 days paid personal / carer’s leave per year, 2 days unpaid carer’s leave as needed, and 2 days compassionate leave (unpaid for casuals) as needed.