40. OTHER LEAVE

40.1 A staff member may elect to use annual leave in lieu of any unpaid leave granted in accordance with this clause.

Accompanying Spouse Overseas Leave

40.2 A staff member will be entitled to unpaid leave for the period of travel to accompany a spouse overseas provided that:

     (a) the spouse is also employed by the University; and

     (b) the spouse is travelling overseas whilst on long service leave or as part of an Outside Studies Program or staff training or at the direction of the University; and

     (c)  the staff member has been granted such leave on less than two occasions previously; and

     (d) such leave will be subject to the University’s approval with regard to operational requirements.

Arbitration Leave

40.3 A staff member conducting a case in the Fair Work Commission that directly relates to the staff member's employment with the University will be entitled to paid leave throughout the hearing of the case.  Unpaid leave of up to three months for the preparation of a case in the Fair Work Commission is available to a staff member conducting and/or preparing a case in the Fair Work Commission.

40.4 Arbitration leave, whether paid or unpaid, is only available for up to two staff members in a calendar year for each Fair Work Commission case.

Blood Donor Leave

40.5 A staff member who elects to donate blood will be granted paid leave for the period required for each attendance. 

Ceremonial Leave

40.6 Staff members who identify as, and are accepted as members of the Aboriginal or Torres Strait Islander community will be entitled to up to a maximum of 5 days of paid leave per calendar year plus an additional period of up to a maximum of 10 days’ leave without pay per calendar year for the purpose of preparing for, or attending to, community organisation business, National Aboriginal and Islander Day Observance Committee week functions or other relevant cultural duties and events and/or fulfilling ceremonial obligations.

40.7 Such cultural duties and ceremonial obligations may be traditional or urban in nature and may include initiation, birthing and naming, funeral, smoking or cleansing and sacred site or land ceremonies.

40.8 Other than in exceptional circumstances supported by evidence submitted by the staff member and satisfactory to the University, approval of ceremonial leave is subject to application at least 14 days prior to the intended commencement of leave.

Compassionate Leave

40.9 A staff member (other than a casual staff member) whose family member dies or suffers a serious illness or injury that poses a threat to the life of the family member will be entitled to paid leave of up to three working days on each occasion.

40.10 A casual staff member whose family member dies or suffers a serious illness or injury that poses a threat to the life of the family member will be entitled to unpaid leave of up to two days on each occasion.

40.11 A dditional paid leave may be granted due to special circumstances such as extensive travel.

Court Appearances Leave

40.12 A staff member who is subpoenaed to appear in court as a crown witness or who is subpoenaed to give evidence on matters directly related to his/her employment (which is deemed to include a staff member who is summoned as a witness in proceedings of the Fair Work Commission) will be entitled to paid leave for the period of such appearance.

40.13 A staff member who is required to appear in court in a capacity other than as specified in clause 40.12 will be entitled to leave without pay for the period of such appearance.

Defence Reserve Forces Leave

40.14 A staff member who is a member of the Defence Reserve Forces will be entitled to:

     (a) paid leave for the purpose of attending an annual training camp conducted by or on behalf of the Defence Reserve Forces of 14 calendar days’ duration or, where the commanding officer of the relevant service unit certifies that such training exceeds 14 days, of up to 18 calendar days’ duration

     (b) paid leave for a period not exceeding 14 calendar days for the purpose of attending in any one calendar year not more than two schools, classes or courses of instruction conducted by or on behalf of the Defence Reserve Forces, provided that the amount paid will be the amount the staff member would have received had the staff member remained on duty less any pay received by the staff member, including marriage and separation allowances, by reason of attendance at any such school, class or course.

Election Leave

40.15 A staff member standing as a candidate for election to Federal or State government will be entitled to unpaid leave not exceeding the election period.

Family Violence Leave

40.16 Leave available to staff experiencing family violence is as provided at clause 46 of this Agreement.

Firefighting and Emergency Assistance Leave

40.17 A staff member who is a member of any voluntary organisation and who has responded to a request by the government or other competent authority to assist in firefighting or other forms of emergency assistance will be entitled to paid leave for the duration of the participation by the staff member in operations, provided that the services of the staff member are actually required by the government or other competent authority concerned.

40.18 A staff member granted leave under clause 40.17 will be entitled to a further one day’s paid leave on the completion of the service for the purpose of recovering from such participation.

Isolation Leave

40.19 A staff member who contracts an infectious disease classified as notifiable to the Victorian Department of Health or who is required by a medical practitioner to remain in isolation by reason of contact with a person suffering from a notifiable infectious disease, will be granted paid isolation leave for the period that the staff member is required to be absent and will not have such leave deducted from sick leave credits.

Jury Service Leave

40.20 A continuing or fixed-term staff member who is required to attend a court for the purpose of jury service will be entitled to paid leave for the duration of such attendance.  Any jury service entitlement for casual staff will be in accordance with the Juries Act 2000(Vic).

40.21 If required for jury service whilst on annual leave or long service leave, no deduction will be made from a staff member’s annual or long service leave credits for any jury service attendance.

Professional Staff Study Leave

40.22 A professional staff member holding a factional appointment of 0.5 or more is entitled to four paid hours per week study leave for attendance at an approved course of study (including examinations) that is relevant to the University and the staff member.

Religious Purposes Leave

40.23   A staff member will be entitled to leave without pay of up to three working days in any calendar year for the purpose of observance of religious occasions provided that satisfactory evidence, such as a statutory declaration, is submitted to the staff member's supervisor in support of a claim for such leave.

Relocation Leave

40.24 A staff member is entitled to two days’ paid leave if required to remove household goods to a relocated residence due to a direction by the University to perform all or the major part of his/her duties at a place other than the staff member's previous place of work.

Repatriation Leave

40.25 A staff member will be entitled to be granted repatriation leave for illness due to disabilities certified by the Department of Veterans Affairs as having directly resulted from war service. Such paid leave will be granted for up to 15 days during each year of service and will not be deducted from sick leave credits. Such leave will accumulate if not taken provided that the total of the accumulated leave will not, at any time, exceed 100 days.

Special Leave for Additional Purposes

40.26 A staff member may be entitled to paid or unpaid leave for circumstances unspecified in this part at the total discretion of the University. 

Sporting Leave

40.27 A staff member participating as a competitor or officiating as an accredited official in a sport event will be entitled to:

     (a) up to four weeks’ paid leave for Olympic, Commonwealth or Pacific Conference games; and

     (b) up to four weeks’ unpaid leave for all other events in any calendar year.

40.28 Approval of sporting leave is subject to application at least 14 days prior to the intended commencement of leave.

Workplace Relations Training Leave

40.29 A staff member is entitled to a maximum of 10 days’ paid leave in any two consecutive years to attend a course or courses which contribute to a better understanding of workplace relations.

40.30 Where a staff member’s application for Workplace Relations Training Leave is not approved, the staff member may appeal to his/her Dean or Divisional Director as appropriate.