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Ministers' Office Handbook

Attachment A

Determination by the Premier of the Conditions for Employment for Political Office Holders' Staff

  1. Definitions for purposes of this determination
    1. Employer - means 'political office holder' as defined in s. 3(1) of the Members of Parliament Staff Act 2013 (Act), exercising his or her functions to employ staff on behalf of the State, pursuant to s. 5 of the Act.
    2. Employee - means employees of 'political officer holders' employed under the Act.
    3. Secretary - means Secretary of the Department of Premier and Cabinet [Note that all further references to the Secretary in this version of the determination have been replaced by references to Corporate and Ministerial Services Branch of the Department of Premier and Cabinet (CMS), which delivers support services for political office holders and their staff, acting under delegation.]
  2. Principal place of work
    1.  The employee’s principal place of work shall be the Political Office Holder’s office/s, located in Governor Macquarie Tower and/or Parliament House. The employee may be required to work in other locations in Sydney and travel within New South Wales, interstate and overseas in the course of duty.
  3. Secondary employment
    1. The employee must not continue or commence secondary, paid employment without prior written approval of the employer. The employee’s request for approval must include written confirmation from the employee that the secondary employer does not object to the employee’s primary employment.
  4. Probity
    1. Where it applies on its terms to the employee, the employee must comply with the NSW OFFICE HOLDER’S STAFF CODE OF CONDUCT as published from time to time.
    2. Where it applies on its terms to the employee, the employee must comply with the GIFTS, HOSPITALITY AND BENEFITS POLICY FOR OFFICE HOLDER STAFF published from time to time.
    3. Where it applies, the employee is to complete and lodge the POLITICAL OFFICE HOLDERS’ STAFF PERSONAL INTEREST DECLARATION and to provide updated declarations as required.
  5. Permission to work in Australia
    1. A person is not to be employed by a political office holder unless the person is:
      1. an Australian citizen, or
      2. a permanent resident of Australia, or
      3. a New Zealand citizen with a current New Zealand passport, or
      4. a citizen of another country with a current visa that allows the person to work in Australia.
    2. A person is not to be offered employment by a political office holder for a period that exceeds any limitation imposed by or in accordance with law as to the time that the person is permitted to work in Australia.
  6. Security clearances and criminal record checks
    1. A person’s employment with a political office holder is subject to a requirement to have such security or criminal clearances or other clearances as the employer determines are necessary for performing the duties of the role to which the person is to be assigned.
    2. A person must declare during recruitment any criminal record, prior convictions and security clearance rejections which will affect the employee’s capacity to perform the inherent requirements of the role.
    3. A person who is required to have any such security or other clearances must ensure that those clearances are maintained.
  7. Hours of work
    1. The employee is to work the hours of work required to perform the duties of the job.
    2. Start, finish and work break times will be in accordance with the applicable business practice within the Political Office Holder’s office and may be varied at any time and without notice by the employer.
    3. Time off in lieu may be approved by the employer as a matter of discretion in recognition of hours worked, having regard to the number of hours worked and the circumstances in which the hours were worked.
  8. Payment of salary
    1. An employee will be employed at a salary point within the salary range contained at Schedule 1.
    2. The employee will be paid remuneration comprising annual salary for all hours of work performed and annual leave loading.
    3. Salary (less applicable taxation) will be paid fortnightly by electronic transfer to the bank account nominated by the employee. Financial transactions are made by ServiceFirst, , in accordance with a Service Partnership Agreement with the Department of Premier and Cabinet.
  9. Performance of Higher Duties
    1. The employer may require the employee to perform the duties of a higher paid job for a period of time, where the higher paid employee is absent.
    2. The employer may, but is not obliged to pay the employee partial or full payment of the difference in salary between that ordinarily received by the employee and the higher paid job.
  10. First aid allowance
    1. Schedule 2 sets out the provisions applying where an employee is nominated as a First Aid Officer and the applicable allowance.
  11. Use of private motor vehicles
    1. Schedule 2 sets out the provisions in relation to use of private motor vehicles and the applicable allowance.
  12. Notice of termination
    1. Where the employee's employment is terminated, the employer may, but is not required to provide a period of up to two weeks' notice or equivalent payment in lieu of notice.
  13. Severance payment on termination of employment
    1. The Policy on Severance Payment for Political Office Holders’ Staff will apply to severance.
  14. Leave
    1. An employee is entitled to leave in accordance with Schedule 3.

Allowances

  1. Allowance Payable for Use of Private Motor Vehicle
    1. The employer may authorise an employee to use a private motor vehicle for work where:
      1. Such use will result in greater efficiency or involve the employer in less expense than if travel were undertaken by other means; or
      2. Where the employee is unable to use other means of transport due to a disability.
    2. An employee who, with the approval of the employer, uses a private motor vehicle for work shall be paid an appropriate rate of allowance specified in Schedule 2 for the use of such private motor vehicle. A deduction from the allowance payable is to be made for travel as described in subclause 1.6 of this clause.
    3. Different levels of allowance are payable for the use of a private motor vehicle for work depending on the circumstances and the purpose for which the vehicle is used.
    4. The casual rate is payable if an employee elects, with the approval of the employer, to use their vehicle for occasional travel for work. This is subject to the allowance paid for the travel not exceeding the cost of travel by public or other available transport.
    5. The official business rate is payable if an employee is directed, and agrees, to use the vehicle for official business and there is no other transport available. It is also payable where the employee is unable to use other transport due to a disability. The official business rate includes a component to compensate an employee for owning and maintaining the vehicle.
    6. Except as otherwise specified in this determination, an employee shall bear the cost of ordinary daily travel by private motor vehicle between the employee's residence and place of work (as determined by the employer) and for any distance travelled in a private capacity. A deduction will be made from any motor vehicle allowance paid, in respect of such travel.
    7. On days when an employee uses a private vehicle for official business and travels to and from home, whether or not the employee during that day visits the place of work, a deduction is to be made from the total distance travelled on the day. The deduction is to equal the distance from the employee’s residence to their place of work and return or 20 kilometres (whichever is the lesser) and any distance that is travelled in a private capacity.
    8. Deductions are not to be applied in respect of days characterised as follows:
      1. When staying away from home overnight, including the day of return from any itinerary.
      2. When the employee uses the vehicle on official business and returns it to home prior to travelling to the headquarters by other means of transport at their own expense.
      3. When the employee uses the vehicle for official business after normal working hours.
      4. When the monthly claim voucher shows official use of the vehicle has occurred on one day only in any week.
      5. When the employee buys a weekly or other periodical rail or bus ticket, provided the employer is satisfied that:
        1. at the time of purchasing the periodical ticket the employee did not envisage the use of their private motor vehicle on approved official business;
        2. the periodical ticket was in fact purchased; and
        3. in regard to train travellers, no allowance is to be paid in respect of distance between the employee’s home and the railway station or other intermediate transport stopping place.
      6. The employee must have in force, in respect of a motor vehicle used for work, in addition to any policy required to be effected or maintained under the Motor Vehicle (Third Party Insurance) Act, 1942, a comprehensive motor vehicle insurance policy to an amount and in a form approved by the employer. 
      7. Expenses such as tolls etc shall be refunded to employees where the charge was incurred during work related travel. 
      8. Where an employee tows a trailer or horse-­float during travel resulting from approved work activities while using a private vehicle, the employee shall be entitled to an additional allowance as prescribed in Schedule 2.

Damage to Private Motor Vehicle Used for Work

  1. Where a private vehicle is damaged  while being used for work, any normal excess insurance charges prescribed by the insurer shall be reimbursed by the employer, provided:
    1. The damage is not due to gross negligence by the employee; and
    2. The charges claimed by the employee are not the charges prescribed by the insurer as punitive excess charges
  2. Provided the damage is not the fault of the employee, the employer shall reimburse to an employee the costs of repairs to a broken windscreen, if the employee can demonstrate that:
    1. 1.1.1.  The damage was sustained on approved work activities; and
    2. The costs cannot be met under the insurance policy due to excess clauses.

First Aid Allowance

  1. The First Aid Allowance will apply to an employee appointed as a First Aid Officer who holds a St John’s Ambulance Certificate or equivalent qualifications issued within the previous three years.
  2. The First Aid Allowance shall not be paid during leave of one week or more
  3. When the First Aid Officer is absent on leave for one week or more and another qualified employee is selected to relieve as the First Aid Officer, such employee shall be paid a pro rata first aid allowance for assuming the duties of a First Aid Officer.
  4. First Aid Officers may be permitted to attend training and retraining courses conducted during normal hours of duty. The cost of training employees who do not already possess qualifications and who need to be trained to meet the employer’s needs, and the cost of retraining First Aid Officers, are to be met by the employer.

Monetary Rates

First Aid Allowance

$15.79/week

Occupational First Aid (senior first aid officer)

$23.23/week

Leave

  1. Taking of Leave
    1. For the purpose of calculating leave and hours of work of part-­time employees, the hours of work are seven per day, and 35 per week.
    2. Unless otherwise specified, part-­time employees will receive the paid leave provisions of this determination on a pro rata basis, calculated according to the number of hours worked per week.
    3. If an employee has access to paid and unpaid leave, paid leave shall be taken before unpaid leave.
    4. An employee must not be absent from work unless reasonable cause is shown. If an employee is to be absent from duty because of illness or other emergency, the employee shall notify or arrange for another person to notify the employer as soon as possible of the employee’s absence and the reason for the absence.
    5. If a satisfactory explanation for the absence, is not provided, the employee will be regarded as absent from duty without authorised leave and the employer shall deduct from the pay of the employee the amount equivalent to the period of the absence.
    6. The minimum period of leave available to be granted shall be a quarter day, unless local arrangements negotiated in the workplace allow for a lesser period to be taken.
    7. Nothing in this clause affects any proceedings for a breach of discipline against an employee who is absent from duty without authorised leave. An application by an employee for leave shall be made to and dealt with by the employer, who shall deal with the application for leave according to the wishes of the employee, if the operational requirements of the political office holder’s office permit this to be done.
  2. Extended Leave
    1. General Entitlement - Extended leave shall accrue and shall be granted to employees in accordance with this clause:
      1. After service for 7 years or more but not more than 10 years, an employee is entitled to extended leave, proportionate to his or her length of service, calculated at the rate of:
        1. 2 months on full pay, or
        2. 4 months on half pay, or
        3. one month of double pay, for 10 years served.
      2. After service for more than 10 years, an employee is entitled to extended leave under subclause 2.1.1 in respect of the first 10 years and additional extended leave, proportionate to his or her length of service, calculated at the rate of:
        1. (a) 5 months on full pay, or
        2. (b) 10 months on half pay, or
        3. (c) 2.5 months on double pay, for each 10 years after the first 10 years.
      3. For the purposes of this clause, service includes any period of leave without pay taken before 13 December 1963.
    2. Entitlement to leave if employment terminated in special circumstances
      1. An employee with at least 5 years’ service but less than 7 years’ service whose services are terminated by the employee for reasons of illness, incapacity or domestic or other pressing necessity, or by the employer for reasons other than the employee's serious and intentional misconduct, will be entitled to:
        1. for 5 years’ service, one month’s leave on full pay, and
        2. for further service in excess of 5 years, additional leave proportionate to the employee's length of service (up to but not including 7 years), calculated at the rate of 3 months’ leave for 15 years’ service.
        3. For the purposes of this clause, service does not include any period of leave without pay, whether taken before, on or after 13 December 1963.
    3. Payment of accrued leave on termination of employment
      1. If an employee has acquired a right to extended leave and his or her services are terminated, the employee may not take the extended leave but is instead to be paid the money value of the extended leave.
      2. Any pension to which any such employee is entitled under the Superannuation Act 1916 commences from and including the date on which the employee's extended leave, if taken, would have commenced.
    4. Leave to be paid out to dependants in cases of death
      1. If an employee has acquired a right to extended leave and dies before starting it, or after starting it dies before completing it:
        1. the employee’s spouse, or
        2. if there is no such spouse, the employee’s children, or
        3. if there is no such spouse or child, the person who, in the opinion of the employer, was, at the time of the employee’s death, a dependent relative of the employee, is entitled to receive the money value of the extended leave not taken or not completed.
      2. If an employee with at least 5 years’ service but less than 7 years’ service dies:
        1. the employee’s spouse, or
        2. if there is no such spouse, the employee’s children, or
        3. if there is no such spouse or child, the person who, in the opinion of the employer, was, at the time of the employee’s death, a dependent relative of the employee, is entitled to receive the money value of the extended leave that would have accrued to the employee had his or her services terminated as referred to in this clause.
        4. If there is a guardian of any child referred to in subclause 2.7.2 the payment to which the child is entitled may be made to the child’s guardian for the child’s maintenance, education and advancement.
        5. If;
          1. no person is entitled to receive a payment under this clause or
          2. it appears to the employer that more than one person is entitled as a spouse to a payment under this clause,the payment must instead be made to the employee’s personal representatives. Any payment under this clause is in addition to any payment due under any Act under which superannuation benefits are paid.
        6. In this clause, spouse of an employee includes a de facto partner of the employee at the time of his or her death. Note. “De facto partner” is defined in section 21C of the Interpretation Act 1987.
    5. Leave entitlement reduced by leave already taken or paid out
      1. The following amounts of extended leave are to be deducted from an employee’s extended leave entitlement:
        1. for each period of extended leave taken on full pay—the number of days (or parts of a day) so taken
        2. for each period of extended leave taken on half pay—half the number of days (or parts of a day) so taken
        3. for each period of extended leave taken on double pay—twice the number of days (or parts of a day) so taken,
        4. for each period of extended leave in respect of which the employee has been paid the money value—the number of days of extended leave on full pay that is equivalent to the money paid.
        5. If a public holiday occurs while an employee is taking extended leave, the amount of extended leave to be deducted is to be reduced by the length of the holiday (one day or half a day, as the case may be. Public holiday means any special or public holiday for which the employee is entitled to payment.
      2. Continuous service with NSW government sector agencies shall be recognised for service eligibility for extended leave. Such prior service for which recognition is sought must be declared prior to commencing employment.
  3. Family and Community Service Leave
    1. The employer shall grant to an employee some, or all of their accrued family and community service leave on full pay, for reasons relating to unplanned and emergency family responsibilities or other emergencies as described in this clause. Non-­ emergency appointments or duties shall be scheduled or performed outside of normal working hours or through approved use of leave.
    2. Unplanned and emergency situations may include, but not be limited to, the following:
      1. Compassionate grounds -­ such as the death or illness of a close member of the family or a member of the employee’s household;
      2. Emergency accommodation matters up to one day, such as attendance at court as defendant in an eviction action, arranging accommodation, or when required to remove furniture and effects;
      3. Emergency or weather conditions; such as when flood, fire, snow or disruption to utility services etc, threatens an employee’s property and/or prevents an employee from reporting for duty;
      4. Attending to unplanned or unforeseen family responsibilities, such as attending child's school for an emergency reason or emergency cancellations by child care providers;
      5. Attendance at court by an employee to answer a charge for a criminal offence, only if the employer considers the granting of family and community service leave to be appropriate in a particular case.
    3. Family and community service leave may also be granted for:
      1. An absence during normal working hours to attend meetings, conferences or to perform other duties, for employees holding office in Local Government, and whose duties necessitate absence during normal working hours for these purposes, provided that the employee does not hold a position of Mayor of a Municipal Council, President of a Shire Council or Chairperson of a County Council; and
      2. Attendance as a competitor in major amateur sport (other than Olympic or Commonwealth Games) for employees who are selected to represent Australia or the State.
    4. Family and community service leave shall accrue as follows:
      1. two and a half days in the employee’s first year of service;
      2. two and a half days in the employee’s second year of service; and
      3. one day per year thereafter.
    5. If available family and community service leave is exhausted as a result of natural disasters, the employer shall consider applications for additional family and community service leave, if some other emergency arises.
    6. If available family and community service leave is exhausted, on the death of a family member or relative, additional paid family and community service leave of up to 2 days may be granted on a discrete, per occasion basis to an employee.
    7. In cases of illness of a family member for whose care and support the employee is responsible, paid sick leave shall be granted when paid family and community service leave has been exhausted or is unavailable.
    8. The employer may also grant an employee accrued recreation leave for family and community service leave purposes.
  4. Leave Without Pay
    1. The employer may grant leave without pay to an employee if good and sufficient reason is shown.
    2. Leave without pay may be granted on a full-­time or a part-­time basis.
    3. Where an employee is granted leave without pay for a period not exceeding 10 consecutive working days, the employee shall be paid for any proclaimed public holidays falling during such leave without pay.
    4. Where an employee is granted leave without pay which, when aggregated, does not exceed 5 working days in a period of twelve (12) months, such leave shall count as service for incremental progression and accrual of recreation leave.
    5. An employee who has been granted leave without pay shall not engage in employment of any kind during the period of leave without pay, unless prior approval has been obtained from the employer.
    6. An employee shall not be required to exhaust accrued paid leave before proceeding on leave without pay but, if the employee elects to combine all or part of accrued paid leave with leave without pay, the paid leave shall be taken before leave without pay.
    7. No paid leave shall be granted during a period of leave without pay.
    8. The employee's job may be filled if:
      1. the leave without pay has continued or is likely to continue beyond the original period of approval and is for a total period of more than 12 months; and
      2. the employee is advised of the employer’s intention to fill their job; and
      3. the employee is given a reasonable opportunity to end the leave without pay and return to their job; and
      4. Subclause 4.8 of this clause does not apply to full-­time unpaid parental leave granted or to military leave.
  5. Military Leave
    1. During the period of 12 months commencing on 1 July each year, the employer may grant to an employee who is a volunteer part-­time member of the Defence Forces, military leave on full pay to undertake compulsory annual training and to attend schools, classes or courses of instruction or compulsory parades conducted by the employee’s unit.
    2. In accordance with the Defence Reserve Service (Protection) Act 2001 (Cth), it is unlawful to prevent an employee from rendering or volunteering to render, ordinary Defence Reserve Service.
    3. Up to 24 working days military leave per financial year may be granted by the employer to members of the Naval and Military Reserves and up to 28 working days per financial year to members of the Air Force Reserve for the activities specified in subclause 5.1 of this clause.
    4. An employer may grant an employee special leave of up to 1 day to attend medical examinations and tests required for acceptance as volunteer part time members of the Australian Defence Forces.
    5. An employee who is requested by the Australian Defence Forces to provide additional military services requiring leave in excess of the entitlement specified in subclause 5.3 of this clause may be granted Military Leave Top up Pay by the employer.
    6. Military Leave Top up Pay is calculated as the difference between an employee’s ordinary pay as if they had been at work, and the Reservist’s pay which they receive from the Commonwealth Department of Defence.
    7. During a period of Military Leave Top up Pay, an employee will continue to accrue sick leave, recreation and extended leave entitlements, and the employer is to continue to make superannuation contributions at the normal rate.
    8. At the expiration of military leave in accordance with subclause 5.3 or 5.4 of this clause, the employee shall furnish to the employer a certificate of attendance and details of the employee's reservist pay signed by the commanding officer or other responsible officer.
  6. Observance of Essential Religious or Cultural Obligations
    1. An employee of any religious faith who seeks leave for the purpose of observing essential religious obligations of that faith; or any ethnic or cultural background who seeks leave for the purpose of observing any essential cultural obligations, may be granted recreation/extended leave to credit, or leave without pay to do so.
    2. Provided adequate notice as to the need for leave is given by the employee to the employer and it is operationally convenient to release the employee from duty, the employer must grant the leave applied for by the employee in terms of this clause.
    3. An employee of any religious faith who seeks time off during daily working hours to attend to essential religious obligations of that faith, shall be granted such time off by the employer, subject to:
      1. Adequate notice being given by the employee;
      2. Prior approval being obtained by the employee; and
      3. The time off being made up in the manner approved by the employer.
    4. Notwithstanding the above, arrangements may be negotiated between the employer and the employee to provide greater flexibility for employees for the observance of essential religious or cultural obligations.
  7. Parental Leave
    1. Parental leave includes maternity, adoption and "other parent" leave.
    2. Maternity leave shall apply to an employee who is pregnant and, subject to this clause the employee shall be entitled to be granted maternity leave as follows:
      1. For a period up to 9 weeks prior to the expected date of birth; and
      2. For a further period of up to 12 months after the actual date of birth.
    3. An employee who has been granted maternity leave and whose child is stillborn may elect to take available sick leave instead of maternity leave.
    4. Adoption leave shall apply to an employee adopting a child and who will be the primary care giver, the employee shall be granted adoption leave as follows:
      1. For a period of up to 12 months if the child has not commenced school at the date of the taking of custody; or
      2. For such period, not exceeding 12 months on a full-­time basis, as the employer may determine, if the child has commenced school at the date of the taking of custody.
    5. Special Adoption Leave -­ an employee is entitled to special adoption leave (without pay) for up to 2 days to attend interviews or examinations for the purposes of adoption. Special adoption leave may be taken as a charge against recreation leave, extended leave or family and community service leave.
    6. Where maternity or adoption leave does not apply, "other parent" leave is available to male and female employees who apply for leave to look after his/her child or children. Other parent leave applies as follows:
      1. Short other parent leave -­ an unbroken period of up to 8 weeks at the time of the birth of the child or other termination of the spouse's or partner's pregnancy or, in the case of adoption, from the date of taking custody of the child or children;
      2. Extended other parent leave -­ for a period not exceeding 12 months, less any short other parental leave already taken by the employee as provided for in paragraph 7.6.1 of this subclause. Extended other parental leave may commence at any time up to 2 years from the date of birth of the child or the taking of custody of the child.
    7. An employee taking maternity or adoption leave is entitled to payment at the ordinary rate of pay for a period of up to 14 weeks, an employee entitled to short other parent leave is entitled to payment at the ordinary rate of pay for a period of up to 1 week, provided the employee:
      1. Applied for parental leave within the time and in the manner determined set out in subclause 7.14 of this clause; and
      2. Prior to the commencement of parental leave, completed not less than 40 weeks' continuous service.
    8. Payment for the maternity, adoption or short other parent leave may be made as follows:
      1. (a) in advance as a lump sum; or(b) fortnightly as normal; or
      2. (c) fortnightly at half pay; or
      3. (d) a combination of full‑pay and half pay.
    9. Payment for parental leave is at the rate applicable when the leave is taken. An employee holding a full time position who is on part time leave without pay when they start parental leave is paid:
      1. at the full time rate if they began part time leave 40 weeks or less before starting parental leave;
      2. at the part time rate if they began part time leave more than 40 weeks before starting parental leave and have not changed their part time work arrangements for the 40 weeks;
      3. at the rate based on the average number of weekly hours worked during the 40 week period if they have been on part time leave for more than 40 weeks but have changed their part time work arrangements during that period.
    10. An employee who commences a subsequent period of maternity or adoption leave for another child within 24 months of commencing an initial period of maternity or adoption leave will be paid:
      1. at the rate (full time or part time) they were paid before commencing the initial leave if they have not returned to work; or
      2. at a rate based on the hours worked before the initial leave was taken, where the employee has returned to work and reduced their hours during the 24 month period; or
      3. at a rate based on the hours worked prior to the subsequent period of leave where the employee has not reduced their hours.
    11. Except as provided otherwise in this clause parental leave shall be granted without pay.
    12. An employee who has been granted parental leave may make a request to the employer to:
      1. extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;;
      2. return from a period of full time parental leave on a part time basis until the child reaches school age (Note: returning to work from parental leave on a part time basis includes the option of returning to work on part time leave without pay).
    13. The employer shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.
    14. When an employer is made aware that an employee or their spouse is pregnant or is adopting a child, the employer or CMS must inform the employee of their entitlements and their obligations under this determination.
    15. An employee who wishes to take parental leave must notify the employer in writing at least 8 weeks (or as soon as practicable) before the expected commencement of parental leave:
      1. (a) that she/he intends to take parental leave, and
      2. (b) the expected date of birth or the expected date of placement, and
      3. (c) if she/he is likely to make a request under subclause 7.12 of this clause.
    16. When the employer is made aware that an employee or their spouse is pregnant or is adopting at least 4 weeks before an employee’s expected date of commencing parental leave they must advise:
      1. (a) the date on which the parental leave is intended to start, and
      2. (b) the period of leave to be taken.
    17. An employee intending to request to return from parental leave on a part time basis or seek an additional period of leave of up to 12 months must notify the employer in writing as soon as practicable and preferably before beginning parental leave. If the notification is not given before commencing such leave, it may be given at any time up to 4 weeks before the proposed return on a part time basis, or later if the employer agrees.
    18. An employee on maternity leave is to notify her employer of the date on which she gave birth as soon as she can conveniently do so.
    19. An employee must notify the department as soon as practicable of any change in her intentions as a result of premature delivery or miscarriage.
    20. An employee on maternity or adoption leave may change the period of leave or arrangement, once without the consent of the employer and any number of times with the consent of the employer. In each case she/he must give the employer at least 14 days’ notice of the change unless the employer decides otherwise.
    21. An employee has the right to her/his former job if she/he has taken approved leave or part time work, and she/he resumes duty immediately after the approved leave or work on a part time basis.
    22. If the job held by the employee immediately prior to the taking of parental leave has ceased to exist, but there are other jobs available that the employee is qualified for and is capable of performing, the employee shall do a comparable job to that previously performed.
    23. An employee does not have a right to her/his former job during a period of return to work on a part time basis. If the employer approves a return to work on a part time basis then the job performed is to be comparable to that formerly held.
    24. An employee who has returned to full time duty without exhausting their entitlement to 12 months unpaid parental leave is entitled to revert back to such leave. This may be done once only, and a minimum of 4 weeks 'notice (or less if acceptable to the employer) must be given.
    25. An employee who is sick during her pregnancy may take available paid sick leave or accrued recreation or extended leave or sick leave without pay. An employee may apply for accrued recreation leave, extended leave or leave without pay before taking maternity leave. Any leave taken before maternity leave, ceases at the end of the working day immediately preceding the day she starts her nominated period of maternity leave or on the working day immediately preceding the date of birth of the child, whichever is sooner.
    26. An employee may elect to take available recreation leave or extended leave within the period of parental leave provided this does not extend the total period of such leave.
    27. An employee may elect to take available recreation leave at half pay in conjunction with parental leave provided that:
      1. accrued recreation leave at the date leave commences is exhausted within the period of parental leave;
      2. the total period of parental leave is not extended by the taking of recreation leave at half pay;
      3. when calculating other leave accruing during the period of recreation leave at half pay, the recreation leave at half pay shall be converted to the full time equivalent and treated as full pay leave for accrual of further recreation, extended and other leave at the full time rate
    28. If, for any reason, a pregnant employee is having difficulty in performing her normal duties or there is a risk to her health or to that of her unborn child the employer, should, in consultation with the employee, take all reasonable measures to arrange for safer alternative duties. This may include, but is not limited to greater flexibility in when and where duties are carried out, a temporary change in duties, retraining, multi-­skilling, teleworking and job redesign.
    29. If such adjustments cannot reasonably be made, the employer must grant the employee maternity leave, or any available sick leave, for as long as it is necessary to avoid exposure to that risk as certified by a medical practitioner, or until the child is born whichever is the earlier.
    30. Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:
      1. make information available in relation to any significant effect the change will have on the status or responsibility level of the job the employee performed before commencing parental leave; and
      2. provide an opportunity for the employee to discuss any significant effect the change will have on the job the employee held before commencing parental leave.
    31. The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee's decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part time basis.
    32. The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with clause.
  8. Purchased Leave
    1. An employee may apply to enter into an agreement with the employer to purchase either 10 days (2 weeks) or 20 days (4 weeks) additional leave in a 12 month period.
    2. Each application will be considered subject to operational requirements and personal needs and will take into account business needs and work demands.
    3. The leave must be taken in the 12 month period specified in the Purchased Leave Agreement and will not attract any leave loading.
    4. The leave will count as service for all purposes.
    5. The purchased leave will be funded through the reduction in the employee’s ordinary rate of pay.
    6. Purchased leave rate of pay means the rate of pay an employee receives when their ordinary salary rate has been reduced to cover the cost of purchased leave.
    7. To calculate the purchased leave rate of pay, the employee’s ordinary salary rate will be reduced by the number of weeks of purchased leave and then annualised at a pro rata rate over the 12 month period.
    8. Purchased leave cannot be accrued and will be refunded where it has not been taken in the 12 month period.
    9. Other leave taken during the 12 month purchased leave agreement period i.e. sick leave, recreation leave or extended leave will be paid at the purchased leave rate of pay.
    10. Sick leave cannot be taken during a period of purchased leave.
    11. The purchased leave rate of pay will be the salary for all purposes including superannuation.
    12. Additional Duties Allowance will not be paid when a period of purchased leave is taken.
  9. Recreation Leave
    1. Except where stated otherwise, paid recreation leave for employees, accrues at the rate of 20 working days per year. Employees working part time shall accrue paid recreation leave on a pro rata basis, which will be determined on the average weekly hours worked per leave year.
    2. Recreation leave accrues from day to day.
    3. At least two (2) consecutive weeks of recreation leave shall be taken by an employee every 12 months, except by agreement with the employer.
    4. Where the operational requirements permit, the application for leave shall be dealt with by the employer according to the wishes of the employee.
    5. The employer shall notify the employee in writing when accrued recreation leave reaches 6 weeks or its hourly equivalent and at the same time may direct an employee to take at least 2 weeks’ recreation leave within 3 months of the notification at a time convenient to the employer.
    6. The employer shall notify the employee in writing when accrued recreation leave reaches 8 weeks or its hourly equivalent and direct the employee to take at least 2 weeks’ recreation leave within 6 weeks of the notification. Such leave is to be taken at a time convenient to the employer.
    7. An employee must take their recreation leave to reduce all balances below 8 weeks or its hourly equivalent, and the employer must cooperate in this process.
    8. If the employer is satisfied that an employee is prevented by operational or personal reasons from taking sufficient recreation leave to reduce the accrued leave below an acceptable level of between 4 and 6 weeks or its hourly equivalent, the employer shall:
      1. Specify in writing the period of time during which the excess shall be conserved; and
      2. On the expiration of the period during which conservation of leave applies, grant sufficient leave to the employee at a mutually convenient time to enable the accrued leave to be reduced to an acceptable level below the 8 week limit.
      3. The employer will inform an employee in writing on a regular basis of the employee’s recreation leave accrual.
    9. Recreation leave is not to be granted for a period less than a quarter-­day or in other than multiples of a quarter day.
    10. Recreation leave for which an employee is eligible on cessation of employment is to be calculated to a quarter day (fractions less than a quarter being rounded up).
    11. Recreation leave does not accrue to an employee in respect of any period of absence from duty without leave or without pay.
    12. Recreation leave accrues during any period of leave without pay granted on account of incapacity for which compensation has been authorised to be paid under the Workers Compensation Act 1987; or any period of sick leave without pay or any other approved leave without pay, not exceeding 5 full time working days, or their part time equivalent, in any period of 12 months.
    13. The proportionate deduction to be made in respect of the accrual of recreation leave on account of any period of absence referred to in this clause shall be calculated to an exact quarter-­day (fractions less than a quarter being rounded down).
    14. Recreation leave accrues at half its normal accrual rate during periods of extended leave on half pay or recreation leave taken on half pay.
    15. Recreation leave may be taken on half pay in conjunction with and subject to the provisions applying to adoption, maternity or parental leave.
    16. On cessation of employment, an employee is entitled to be paid, the money value of accrued recreation leave which remains untaken.
    17. An employee to whom 9.16 of this subclause applies may elect to take all or part of accrued recreation leave which remains untaken at cessation of active duty as leave or as a lump sum payment; or as a combination of leave and lump sum payment.
    18. Where an employee dies, the monetary value of recreation leave accrued and remaining untaken as at the date of death, shall be paid to the employee’s nominated beneficiary.
    19. Where no beneficiary has been nominated, the monetary value of recreation leave is to be paid as follows:
      1. To the widow or widower of the employee; or
      2. If there is no widow or widower, to the children of the employee or, if there is a guardian of any children entitled under this subclause, to that guardian for the children's maintenance, education and advancement; or
      3. If there is no such widow, widower or children, to the person who, in the opinion of the employer was, at the time of the employee’s death, a dependent relative of the employee; or
      4. If there is no person entitled under paragraphs 9.19.1 to 9.19.3 of this subclause to receive the money value of any leave not taken or not completed by an employee or which would have accrued to the employee, the payment shall be made to the personal representative of the employee.
    20. Recreation leave does not accrue during leave without pay other than:
      1. military leave taken without pay when paid military leave entitlements are exhausted;
      2. absences due to natural emergencies or major transport disruptions, when all other paid leave is exhausted;
      3. any continuous period of sick leave taken without pay when paid sick leave is exhausted;
      4. incapacity for which compensation has been authorised under the Workplace Injury Management and Workers Compensation Act 1998; or
      5. periods which when aggregated, do not exceed 5 working days in any period of 12 months.
    21. Recreation leave to credit may be taken at any time which is convenient for the employee and employer. The employee’s recreation leave balance should not exceed 40 days, and the employee may be directed to reduce the balance to less than 30 days if the balance is between 30 and 40 days.
  10. Annual Leave Loading
    1. An employee is entitled to be paid an annual leave loading as set out in this subclause. The annual leave loading shall be 17½% on the monetary value of up to 4 weeks recreation leave accrued in a leave year.
    2. Where additional leave is accrued by an employee as compensation for work performed regularly on Sundays and/or Public Holidays, the annual leave loading shall be calculated on the actual leave accrued or on five weeks, whichever is the lower.
    3. The annual leave loading payable shall not exceed the amount which would have been payable to an employee in receipt of a salary of $128,023.
    4. For the calculation of the annual leave loading, the leave year shall commence on 1 December each year and shall end on 30 November of the following year.
    5. Payment of the annual leave loading shall be made on the recreation leave accrued during the previous leave year and shall be subject to the following conditions:
      1. Annual leave loading shall be paid on the first occasion in a leave year, other than the first leave year of employment, when an employee takes at least two (2) consecutive weeks’ recreation leave. Where an employee does not have at least 2 weeks’ recreation leave available, the employee may use a combination of recreation leave and any of the following: public holidays, extended leave or, leave without pay. The employee shall be paid the annual leave loading for such period, provided the absence is at least 2 weeks.
      2. If at least two weeks’ leave is not taken in a leave year, then the payment of the annual leave loading entitlement for the previous leave year shall be made to the employee as at 30 November of the current year.
      3. While annual leave loading shall not be paid in the first leave year of employment, it shall be paid on the first occasion in the second leave year of employment when at least two weeks’ leave.
      4. An employee who has not been paid the annual leave loading for the previous leave year, shall be paid such annual leave loading on resignation, retirement or termination by the employer for any reason other than the employee’s serious and intentional misconduct.
      5. Except in cases of voluntary redundancy, proportionate leave loading is not payable on cessation of employment.
  11. Sick Leave
    1. Illness in this clause means physical or psychological illness or injury, medical treatment and the period of recovery or rehabilitation from an illness or injury.
    2. Payment for sick leave is subject to the employee:
      1. Informing their manager as soon as reasonably practicable that they are unable to perform duty because of illness. This must be done as close to the employee’s starting time as possible; and
      2. Providing evidence of illness as soon as practicable.
    3. If the employer is satisfied that an employee is unable to perform duty because of the employee’s illness or the illness of his/her family member, the employer shall grant to the employee sick leave on full pay; and may grant to the employee, sick leave without pay if the absence of the employee exceeds the entitlement of the employee under this determination to sick leave on full pay.
    4. The employer may direct an employee to take sick leave if they are satisfied that, due to the employee’s illness, the employee:
      1. is unable to carry out their duties without distress; or
      2. risks further impairment of their health by reporting for duty; or
      3. is a risk to the health, wellbeing or safety of other employees, clients or members of the public.
    5. The employer may direct an employee to participate in a return to work program if the employee has been absent on a long period of sick leave.
    6. At the commencement of employment, a full-­time employee is granted an accrual of 5 days sick leave.
    7. After the first four months of employment, the employee shall accrue sick leave at the rate of 10 working days per year for the balance of the first year of service.
    8. After the first year of service, the employee shall accrue sick leave day to day at the rate of 15 working days per year of service.
    9. All continuous service as an employee in the NSW public service and as political office holders’ staff shall be taken into account for the purpose of calculating sick leave due. Where the service is not continuous, previous periods of NSW public service shall be taken into account for the purpose of calculating sick leave due if the previous sick leave records are available.
    10. Sick leave without pay shall count as service for the accrual of recreation leave and paid sick leave. In all other respects sick leave without pay shall be treated in the same manner as leave without pay.
    11. When determining the amount of sick leave accrued, sick leave granted on less than full pay, shall be converted to its full pay equivalent.
    12. Paid sick leave shall not be granted during a period of unpaid leave.
    13. Paid sick leave which may be granted to an employee, other than a seasonal or relief employee, in the first 3 months of service shall be limited to 5 days paid sick leave, unless the employer approves otherwise. Paid sick leave in excess of 5 days granted in the first 3 months of service shall be supported by a satisfactory medical certificate.
    14. No paid sick leave shall be granted to employees who are employed for a period of less than 3 months.
    15. An employee absent from duty for more than 2 consecutive working days because of illness must furnish evidence of illness to the employer in respect of the absence.
    16. In addition to the requirements under subclause 11.2, an employee may absent themselves for a total of 5 working days due to illness without the provision of evidence of illness to the employer. Employees who absent themselves in excess of 5 working days in a calendar year may be required to furnish evidence of illness to the employer for each occasion absent for the balance of the calendar year.
    17. As a general practice backdated medical certificates will not be accepted. However if an employee provides evidence of illness that only covers the latter part of the absence, they can be granted sick leave for the whole period if the employer is satisfied that the reason for the absence is genuine.
    18. If an employee is required to provide evidence of illness for an absence of 2 consecutive working days or less, the employer will advise them in advance.
    19. If the employer is concerned about the diagnosis described in the evidence of illness produced by the employee, after discussion with the employee, the evidence provided and the employee's application for leave can be referred to a medical practitioner of the employer’s choice for advice.
    20. The type of leave granted to the employee will be determined by the employer based on the medical practitioner’s advice.
    21. If sick leave is not granted, the employer will, as far as practicable, take into account the wishes of the employee when determining the type of leave granted.
    22. The granting of paid sick leave shall be subject to the employee providing evidence which indicates the nature of illness or injury and the estimated duration of the absence. If an employee is concerned about disclosing the nature of the illness to their manager they may elect to have the application for sick leave dealt with confidentially by an alternate manager if available.
    23. The reference in this clause to evidence of illness shall apply, as appropriate:
      1. up to one week may be provided by a registered dentist, optometrist, chiropractor, osteopath, physiotherapist, oral and maxillo facial surgeon or, at the employer’s discretion, another registered health services provider,or
      2. where the absence exceeds one week, and unless the health provider listed in paragraph 11.23.1 of this subclause is also a registered medical practitioner, applications for any further sick leave must be supported by evidence of illness from a registered medical practitioner, or
      3. at the employer’s discretion, other forms of evidence that satisfy that an employee had a genuine illness.
    24. If an employee who is absent on recreation leave or extended leave, furnishes to the employer satisfactory evidence of illness in respect of an illness which occurred during the leave, the employer may, subject to the provisions of this clause, grant sick leave to the employee as follows:
      1. In respect of recreation leave, the period set out in the evidence of illness;
      2. In respect of extended leave, the period set out in the evidence of illness if such period is 5 working days or more.
  12. Sick Leave to Care for a Family Member
    1. Where family and community service leave provided for in clause 3 is exhausted or unavailable, an employee with responsibilities in relation to a category of person set out in subclause 12.5 of this clause who needs the employee's care and support, may elect to use available paid sick leave, subject to the conditions specified in this clause, to provide such care and support when a family member is ill.
    2. The sick leave shall initially be taken from the sick leave accumulated over the previous 3 years. In special circumstances, the employer may grant additional sick leave from the sick leave accumulated during the employee’s eligible service.
    3. If required by the employer to establish the illness of the person concerned, the employee must provide evidence consistent with clause 11.
    4. The entitlement to use sick leave in accordance with this clause is subject to:
    5. The employee being responsible for the care and support of the person concerned; and the person concerned being:
      1. a spouse of the employee; or
      2. a de facto spouse being a person of the opposite sex to the employee who lives with the employee as her husband or his wife on a bona fide domestic basis although not legally married to that employee; or
      3. a child or an adult child (including an adopted child, a step child, a foster child or an ex-­nuptial child), parent (including a foster parent or legal guardian), grandparent, grandchild or sibling of the employee or of the spouse or de facto spouse of the employee; or
      4. a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or a relative of the employee who is a member of the same household, where for the purposes of this definition:-­"relative" means a person related by blood, marriage, affinity or Aboriginal kinship structures; "affinity" means a relationship that one spouse or partner has to the relatives of the other; and"household" means a family group living in the same domestic dwelling.
  13. Sick Leave - Workers Compensation
    1. The employer or CMS shall advise each employee of their rights under the Workers Compensation Act 1987, as amended from time to time, and shall give such assistance and advice, as necessary, in the lodging of any claim.
    2. An employee who is or becomes unable to attend for duty or to continue on duty in circumstances which may give the employee a right to claim compensation under the Workers Compensation Act 1987 shall be required to lodge a claim for any such compensation.
    3. Where, due to the illness or injury, the employee is unable to lodge such a claim in person, the employer shall assist the employee or the representative of the employee, as required, to lodge a claim for any such compensation.
    4. The employer or CMS will ensure that, once received, an employee’s workers compensation claim is lodged by the workers compensation insurer within the statutory period prescribed in the Workers Compensation Act 1987.
    5. Pending the determination of that claim and on production of an acceptable medical certificate, the employer shall grant sick leave on full pay for which the employee is eligible followed, if necessary, by sick leave without pay or, at the employee's election by accrued recreation leave or extended leave.
    6. If liability for the workers compensation claim is accepted, then an equivalent period of any sick leave taken by the employee pending acceptance of the claim shall be restored to the credit of the employee.
    7. Before approving the use of sick leave in this subclause, the employer must be satisfied that the employee is complying with the obligations imposed by the Workplace Injury Management and Workers Compensation Act 1998 which requires that the employee must:
      1. participate and cooperate in the establishment of the required injury management plan for the employee;
      2. comply with obligations imposed on the employee by or under the injury management plan established for the employee;
      3. when requested to do so, nominate as their treating doctor for the purposes of the injury management plan a medical practitioner who is prepared to participate in the development of, and in the arrangements under, the plan;
      4. authorise the nominated treating doctor to provide relevant information to the insurer or the employer for the purposes of the injury management plan; and
      5. make all reasonable efforts to return to work as soon as possible, having regard to the nature of the injury.
    8. If an employee notifies the employer that he or she does not intend to make a claim for any such compensation, the employer shall consider the reasons for the employee's decision and shall determine whether, in the circumstances, it is appropriate to grant sick leave in respect of any such absence.
    9. An employee may be required to submit to a medical examination under the Workers Compensation Act 1987 in relation to a claim for compensation under that Act. If an employee refuses to submit to a medical examination without an acceptable reason, the employee shall not be granted available sick leave on full pay until the examination has occurred and a medical certificate is issued indicating that the employee is not fit to resume employment.
    10. If the employer provides the employee with employment which meets the terms and conditions specified in the medical certificate issued under the Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998 and, without good reason, the employee fails, to resume or perform such duties, the employee shall be ineligible for all payments in accordance with this clause from the date of the refusal or failure.
    11. Nothing in this clause prevents an employee from appealing a decision or taking action under other legislation made in respect of:-­
      1. The employee's claim for workers compensation;
      2. The conduct of a medical examination by a Government or other Medical Officer;
      3. A medical certificate issued by the examining Government or other Medical Officer; or
      4. Action taken by the employer either under the Workers Compensation Act 1987 or any other relevant legislation in relation to a claim for workers compensation, medical examination or medical certificate.
  14. Sick Leave - Claims Other Than Workers Compensation
    1. If the circumstances of any injury to or illness of an employee give rise to a claim for damages or to compensation, other than compensation under the Workers Compensation Act 1987, sick leave on full pay may, subject to and in accordance with this clause, be granted to the employee on completion of an acceptable undertaking that:-­
    2. Any such claim, if made, will include a claim for the value of any period of paid sick leave granted by the employer to the employee; and
    3. In the event that the employee receives or recovers damages or compensation pursuant to that claim for loss of salary or wages during any such period of sick leave, the employee will repay to the employer the monetary value of any such period of sick leave.
    4. Sick leave on full pay shall not be granted to an employee who refuses or fails to complete an undertaking, except in cases where the employer is satisfied that the refusal or failure is unavoidable.
    5. On repayment to the employer of the monetary value of sick leave granted to the employee, sick leave equivalent to that repayment and calculated at the employee’s ordinary rate of pay, shall be restored to the credit of the employee.
  15. Special Leave
    1. Special Leave -­ Jury Service -­ an employee shall, as soon as possible, notify the employer of the details of any jury summons served on the employee.
    2. An employee who, during any period when required to be on duty, attends a court in answer to a jury summons shall, upon return to duty after discharge from jury service, furnish to the employer a certificate of attendance issued by the Sheriff or by the Registrar of the court giving particulars of attendances by the employee during any such period and the details of any payment or payments made to the employee under section 72 of the Jury Act 1977 in respect of any such period.
    3. When a certificate of attendance on jury service is received in respect of any period during which an employee was required to be on duty, the employer shall grant, in respect of any such period for which the employee has been paid out-­ of-­pocket expenses only, special leave on full pay. In any other case, the employer shall grant, at the sole election of the employee, available recreation leave on full pay or leave without pay.
    4. Witness at Court -­ Official Capacity -­ When an employee is subpoenaed or called as a witness in an official capacity, the employee shall be regarded as being on duty. Salary and any expenses properly and reasonably incurred by the employee in connection with the employee’s appearance at court as a witness in an official capacity shall be paid by the employer.
    5. Witness at Court -­ Other than in Official Capacity -­ Crown Witness -­ An employee who is subpoenaed or called as a witness by the Crown (whether in right of the Commonwealth or in right of any State or Territory of the Commonwealth) shall:
      1. Be granted, for the whole of the period necessary to attend as such a witness, special leave on full pay; and
      2. Pay into the Treasury of the State of New South Wales all money paid to the employee under or in respect of any such subpoena or call other than any such money so paid in respect of reimbursement of necessary expenses properly incurred in answer to that subpoena or call.
    6. Called as a witness in a private capacity -­ An employee who is subpoenaed or called as a witness in a private capacity shall, for the whole of the period necessary to attend as such a witness, be granted at the employee's election, available recreation leave on full pay or leave without pay.
    7. Special Leave -­ Examinations -­ Special leave on full pay up to a maximum of 5 days in any one year shall be granted to employees for the purpose of attending at any examination approved by the employer.
    8. Special leave granted to attend examinations shall include leave for any necessary travel to or from the place at which the examination is held.
    9. If an examination for a course of study is held during term or semester within the normal class timetable and study time has been granted to the employee, no further leave is granted for any examination.
    10. Return Home When Temporarily Living Away from Home -­ Sufficient special leave shall be granted to an employee who is temporarily living away from home as a result of work requirements. Such employee shall be granted sufficient special leave once a month before or after a weekend or a long weekend or, in the case of a shift worker before or after rostered days off to return home to spend two days and two nights with the family. If the employee wishes to return home more often, such employee may be granted recreation leave, extended leave or credit or leave without pay, if the operational requirements allow.
    11. Return Home When Transferred to New Location -­-­ Special leave shall be granted to an employee who has moved to the new location ahead of dependants, to visit such dependants, subject to the conditions specified in the Crown Employees (Transferred Employees Compensation) Award.
    12. An employee who identifies as an Indigenous Australian shall be granted up to one day special leave per year to enable the employee to participate in the National Aborigines and Islander Day of Commemoration Celebrations. Leave can be taken at any time during NAIDOC week, or in the weeks leading up to and after NAIDOC week as negotiated between the supervisor and employee.
    13. Special Leave -­ Other Purposes -­ Special leave on full pay may be granted to employees by the employer for such other purposes at the employer’s discretion.
  16. Christmas Closedown
    1. Employees may be required to take leave (paid or unpaid) during the period December - January each year when political office holders' offices operate with minimal staffing or close down.
  17. Absences from Work
    1. An employee must not be absent from work unless reasonable cause is shown.
    2. If an employee is to be absent from duty because of illness or other emergency, the employee shall notify or arrange for another person to notify the supervisor as soon as possible of the employee's absence and the reason for the absence.
    3. If a satisfactory explanation for the absence, is not provided, the employee will be regarded as absent from duty without authorised leave and the employer shall deduct from the pay of the employee the amount equivalent to the period of the absence.
    4. The minimum period of leave available to be granted shall be a quarter day, unless local arrangements negotiated in the workplace allow for a lesser period to be taken.
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