WORKPLACE RELATIONS ACT 1996 - SECT 247A Entitlement to leave for all nominal hours in a day also extends to other hours on that day

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 247A

             (1)  If:

                     (a)  an employee to whom subparagraph 241(1)(a)(ii) applies is entitled to take paid personal/carer's leave on a particular day; and

                     (b)  the entitlement covers all the hours (or part hours) on that day that would count towards the nominal hours worked by the employee in the week that includes that day;

the employer is taken to have authorised the employee to be absent from work for any other hours (or part hours) on that day that the employee would otherwise have worked.

Example:    Tina is employed by Terrific Videos Pty Ltd. She works 8 hours a day for 5 days a week, giving a weekly total of 40 hours per week (consisting of 38 hours plus 2 reasonable additional hours).

                   Under subsection 246(2), Tina is entitled to accrue paid personal/carer's leave of 1 / 26 of her nominal hours worked for each completed 4 week period of continuous service with Terrific Videos. Because of subparagraph 241(1)(a)(ii), Tina's nominal hours worked in a week are capped at 38 hours. If Tina works her normal hours for a 12 month period, she will accrue 76 hours of paid personal/carer's leave.

                   The above subsection ensures that Tina will be able (subject to the requirements of this Division relating to entitlement to paid personal/carer's leave) to be absent from work for 10 full 8 hour days. Tina's absence for the additional 4 hours over those 10 days will not be paid leave, and will not count as service, but it will not break her continuity of service (see subsection (2)).

             (2)  An absence that is taken by subsection (1) to have been authorised:

                     (a)  is not paid personal/carer's leave; and

                     (b)  does not break the employee's continuity of service; and

                     (c)  does not otherwise count as service.

             (3)  For the purposes of subsection (1), if a shift (or other period of work) occurs partly on 1 day and partly on the next day, the shift (or other period of work) is taken to be a day and the remaining parts of the days are taken not to be part of the day.

             (4)  For the purposes of subsection (1), the regulations may make provision for either or both of the following:

                     (a)  determining what hours (or part hours) on a particular day would count towards the nominal hours worked by an employee in a week;

                     (b)  determining what other hours (or part hours) on a particular day would be hours (or part hours) that an employee would otherwise have worked.