Family Provisions Case 2005
The Industrial Relations Commission of New South Wales has handed down a decision in the Family Provisions Case 2005. The decision relates to caring and parental leave rights and responsibilities and affects employers and employees working under state awards. The new standards applied from 19 December 2005.
The federal government's Work Choices laws may have affected your entitlements to the benefits of the Family Provisions decision. To find out how you may have been affected contact the Fair Go Advisory Service on 131 628.
Carers leave
The decision broadens the reasons for use of sick leave for caring responsibilities. They now include occasions where an employee has to care for a family or household member due to an unexpected emergency. This is in addition to existing arrangements that allow employees to use their paid sick leave in order to provide care to a family or household member who is ill. The use of sick leave for caring purposes remains uncapped and the description of the relationships for which carers leave is available, has not changed.
The decision also allows an employee to elect and, with the agreement of the employer, to take their annual holidays up to two years after the day they became due. It also increases the number of single annual leave days that may be taken per year for family-related purposes from five to ten days.
Provisions for casual employees
Casual employees are entitled to be absent from work because of the death in Australia of a person with whom they had a relationship of the type defined in the personal/carers leave clause of their award. The period of the absence is by agreement and is unpaid. If agreement cannot be reached the casual worker is entitled to be absent for up to 48 hours (two days). Subject to appropriate evidence, casuals can be absent from work in order to care for a relevant person who is ill, has given birth to a child or because of some unexpected emergency. The period of the absence is by agreement and is unpaid. Again, if agreement cannot be reached the casual worker is entitled to be absent for up to 48 hours (two days).
Employers must not fail to re-engage a casual employee because they have been absent for these reasons.
Parental leave
The following conditions can now be requested by employees who qualify for parental leave. These new award based conditions are in addition to the parental leave rights and responsibilities under the Industrial Relations Act 1996:
increase their simultaneous unpaid parental leave to eight weeks
extend their unpaid parental leave from 52 weeks to 104 weeks
to return from parental leave on a part-time basis until the child reaches school age.
The employer must consider requests of this type, having regard for the employee's circumstances. They may only refuse the request on reasonable grounds which can include costs, lack of adequate replacement staff, loss of efficiency and the impact on customer service.
Employers are now obliged to inform an employee on parental leave about any significant changes to the workplace. Employees incur a reciprocal obligation to inform their employer about any significant matter that may influence the duration of parental leave or an intention to request a return to work on a part-time basis. (Note that at least seven weeks notice must be given by the employee of a request for part-time employment on return from parental leave).