Fair Work Act. Australia

Чтение книги онлайн.

СКАЧАТЬ pre-parental leave position.

      85 Unpaid pre-adoption leave

      Entitlement to unpaid pre-adoption leave

      (1) An employee is entitled to up to 2 days of unpaid pre-adoption leave to attend any interviews or examinations required in order to obtain approval for the employee’s adoption of a child.

      Note: Entitlement is also affected by section 68 (which deals with the age etc. of the adopted child).

      (2) However, an employee is not entitled to take a period of unpaid pre-adoption leave if:

      (a) the employee could instead take some other form of leave; and

      (b) the employer directs the employee to take that other form of leave.

      (3) An employee who is entitled to a period of unpaid pre-adoption leave is entitled to take the leave as:

      (a) a single continuous period of up to 2 days; or

      (b) any separate periods to which the employee and the employer agree.

      Notice and evidence

      (4) An employee must give his or her employer notice of the taking of unpaid pre-adoption leave by the employee.

      (5) The notice:

      (a) must be given to the employer as soon as practicable (which may be a time after the leave has started); and

      (b) must advise the employer of the period, or expected period, of the leave.

      (6) An employee who has given his or her employer notice of the taking of unpaid pre-adoption leave must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the leave is taken to attend an interview or examination as referred to in subsection (1).

      (7) An employee is not entitled to take unpaid pre-adoption leave unless the employee complies with subsections (4) to (6).

      Note: Personal information given to an employer under this section may be regulated under the Privacy Act 1988.

      Division 6—Annual leave

      86 Division applies to employees other than casual employees

      This Division applies to employees, other than casual employees.

      87 Entitlement to annual leave

      Amount of leave

      (1) For each year of service with his or her employer, an employee is entitled to:

      (a) 4 weeks of paid annual leave; or

      (b) 5 weeks of paid annual leave, if:

      (i) a modern award applies to the employee and defines or describes the employee as a shiftworker for the purposes of the National Employment Standards; or

      (ii) an enterprise agreement applies to the employee and defines or describes the employee as a shiftworker for the purposes of the National Employment Standards; or

      (iii) the employee qualifies for the shiftworker annual leave entitlement under subsection (3) (this relates to award/agreement free employees).

      Note: Section 196 affects whether FWA may approve an enterprise agreement covering an employee, if the employee is covered by a modern award that is in operation and defines or describes the employee as a shiftworker for the purposes of the National Employment Standards.

      Accrual of leave

      (2) An employee’s entitlement to paid annual leave accrues progressively during a year of service according to the employee’s ordinary hours of work, and accumulates from year to year.

      Note: If an employee’s employment ends during what would otherwise have been a year of service, the employee accrues paid annual leave up to when the employment ends.

      Award/agreement free employees who qualify for the shiftworker entitlement

      (3) An award/agreement free employee qualifies for the shiftworker annual leave entitlement if:

      (a) the employee:

      (i) is employed in an enterprise in which shifts are continuously rostered 24 hours a day for 7 days a week; and

      (ii) is regularly rostered to work those shifts; and

      (iii) regularly works on Sundays and public holidays; or

      (b) the employee is in a class of employees prescribed by the regulations as shiftworkers for the purposes of the National Employment Standards.

      (4) However, an employee referred to in subsection (3) does not qualify for the shiftworker annual leave entitlement if the employee is in a class of employees prescribed by the regulations as not being qualified for that entitlement.

      (5) Without limiting the way in which a class may be described for the purposes of paragraph (3)(b) or subsection (4), the class may be described by reference to one or more of the following:

      (a) a particular industry or part of an industry;

      (b) a particular kind of work;

      (c) a particular type of employment.

      88 Taking paid annual leave

      (1) Paid annual leave may be taken for a period agreed between an employee and his or her employer.

      (2) The employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

      89 Employee not taken to be on paid annual leave at certain times

      Public holidays

      (1) If the period during which an employee takes paid annual leave includes a day or part-day that is a public holiday in the place where the employee is based for work purposes, the employee is taken not to be on paid annual leave on that public holiday.

      Other periods of leave

      (2) If the period during which an employee takes paid annual leave includes a period of any other leave (other than unpaid parental leave) under this Part, or a period of absence from employment under Division 8 (which deals with community service leave), the employee is taken not to be on paid annual leave for the period of that other leave or absence.

      90 Payment for annual leave

      (1) If, in accordance with this Division, an employee takes a period of paid annual leave, the employer must pay the employee at the employee’s base rate of pay for the employee’s ordinary hours of work in the period.

      (2) If, when the employment of an employee ends, the employee has a period of untaken paid annual leave, the employer must pay the employee the amount that would have been payable to the employee had the employee taken that period of leave.

      91 СКАЧАТЬ