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Australian Osteopathic Association 19
IN THE FIELD
among other things for when they need to
take a period of personal/carers leave.
Personal/carers leave has two
entitlements. The first is personal leave
(also known as 'sick leave'), taken when
an employee cannot attend work due to
a personal sickness or injury.
The second entitlement is carer's leave
that is available to employees should
they need to provide care or support
to a member of their immediate family
or household who has experienced an
unexpected emergency or a personal
illness or injury.
WHAT IS THE PERSONAL/CARERS
LEAVE ENTITLEMENT FOR WA
The entitlement to sick leave for
employees working in an unincorporated
osteopathy practice in Western Australia
is the same two weeks (10 days or
76 hours) as that given to national
For unincorporated practices in WA, the
sick leave entitlement can be also used
as carers leave. Once an employee has
exhausted their sick leave balance, they
are entitled to two days of unpaid carers
leave for each permissible occasion.
Unincorporated employers in WA only
also need to refer to the employee's
applicable state award and the Minimum
Conditions of Employment Act 1993 for
additional sick leave requirements.
HOW MUCH IS THE EMPLOYEE PAID
WHEN ON PERSONAL/CARERS
When a permanent employee takes a
period of paid personal/carers' leave, the
employer must pay the employee at the
employee's base rate of pay in relation to
the employee's normal hours of work.
Part-time employees receive a pro-
rata entitlement (accrual) calculated on
their normal hours of work for their paid
There is a requirement under the
NES for an employee to provide their
employer with reasonable evidence
that substantiates the use of personal/
carers leave in order to receive payment.
Such evidence (for example, a doctor's
certificate) should be given to the
employer as soon as practicable.
WHAT HAPPENS WHEN AN
LEAVE HAS EXPIRED?
There is no requirement for an employer
to provide paid personal/carers leave
when the employee has no leave accrued
to cover such leave.
However, employers and employees are
able to come to an agreement that allows
an employee to access accrued annual
leave to cover the period of personal/
carers absence, but this should be decided
upon before being undertaken.
WHAT IS THE LONG SERVICE LEAVE
The concept of long service leave (LSL) is
to recognise and reward employees for
long periods of continuous service.
Where there is no award or agreement
that outlines the terms regarding LSL,
the LSL entitlement (including any
pro-rata entitlement) for employees
is governed by the relevant state long
service leave legislation.
Long service leave should be taken at a
time agreed between the employee and
the employer, and is paid in accordance
with the relevant legislation and pay rate
at the time of taking leave.
This is the total amount an employee
would have been paid if performing their
regular hours of work, excluding overtime,
penalty rates or allowances.
Sometimes payments may be received
by the employee as a lump sum at the
start of the leave period or on normal
paydays, yet this is dependent on the
state LSL legislation.
Cashing out of LSL in lieu of the
employee taking LSL is prohibited, except
in South Australia and Western Australia.
The laws state an employee cannot be on
two forms of paid leave at the same time.
For example, if a public holiday falls within
an employee's period of annual leave, the
public holiday is not deducted from the
employee's annual leave.
Remember, leave continues to accrue
for an employee when they are on periods
of paid leave. •••
AOA members can call 1300 143 602,
Monday to Friday 8.30am to 5.30pm,
to confidentially discuss leave
entitlements in their workplace
with a workplace relations advisor.
Alternatively, members can download
information on leave entitlements from
the online technical resource library
after logging onto the AOA website
(www.osteopathy.org.au), enter the
member's area and click on 'HR Plus'.
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