241. Employees will accrue 20 days or 4 weeks Annual Leave per year. This leave will accrue on a daily basis and employees will be able to access the leave as it accrues. Annual leave for part-time employees accrues on a pro-rata basis.
242. An employee must apply to the Director-General to take Annual Leave. The Director-General must not unreasonably refuse a request by an employee for Annual Leave. Where an application for Annual Leave is not approved reasons will be provided and an alternate period of leave discussed with the employee.
243. An employee receiving workers’ compensation for more than the prescribed period under the Safety Rehabilitation and Compensation Act 1988 (45 weeks) will accrue Annual Leave on the basis of hours actually worked.
244. Where annual leave is cancelled or the employee is recalled to duty, the employee will be reimbursed travel costs not recoverable from insurance or other sources. Evidence of costs may be required. The employee will be re-credited Annual Leave for the period that the employee was recalled.
245. An employee may cash-out an amount of Annual Leave provided that the employee’s remaining accrued entitlement to Annual Leave is not less than four weeks. Cashing-out of Annual Leave must be by agreement in writing between the employee and the National Archives. An employee can only agree to cash-out Annual Leave once per calendar year. The employee will be paid the full amount that would have been payable to the employee had the employee taken the cashed-out leave. In the interests of ensuring employees maintain a healthy work/life balance, the ability to convert Annual Leave to cash is contingent on the employee having taken 10 days Annual Leave in the preceding 12 months.
246. Annual leave may be taken at half pay. However, unless approved by the Director-General (or delegate), it may not be taken at half pay where the employee has an excessive leave balance.
247. Employees will submit to their manager for consideration a leave usage plan setting out their intended use of excess Annual Leave credits. If an employee has an Annual Leave balance of more than 45 Standard Working Days on 1 September, the employee may be directed by the Director-General to be on leave for the period exceeding that amount. Managers, supervisors and employees are encouraged to work together to minimise the incidence of employees being directed to be on leave.
248. In exceptional circumstances, and based on operational requirements, the Director-General may agree to extend the period during which excess leave credits are available to an employee.
249. The provisions of clauses 247 and 248 do not apply to an employee who has been on Compensation Leave and has commenced a graduated return-to-work program, until three months after returning to the pre-injury hours of work. Further information can be found in the Rehabilitation Management System.
250. Where a public holiday occurs during any period of Annual Leave, the period of the public holiday is not deducted from the employee’s Annual Leave credit.
251. When an employee ceases employment with the APS, other than in circumstances described in clause 510, the employee will receive payment in lieu of unused Annual Leave credits. The payment will be calculated using the final rate of salary, including allowances that would have been included in the employee’s pay during a period of Annual Leave in accordance with the FW Act.

252. Employees may elect to purchase one, two, three- or four-weeks additional leave per year. The taking of Purchased Leave credits is subject to operational requirements. The timing of leave is to be specified by employees on application but may be varied by agreement.
253. Purchased Leave counts as service for all purposes. Employees’ salary for superannuation purposes continues to be their full-time salary.

Entitlement to personal/carer’s leave

254. Employees (other than casual employees) will accrue 18 days personal/carer’s leave per year of service. For part-time employees personal/carer’s leave will accrue on a pro-rata basis.
255. For an ongoing employee, 18 days personal/carers leave will be credited upon the employee’s commencement with the APS. After 12 months service, personal/carer’s leave will accrue and is credited daily.
256. For a non-ongoing employee, the personal/carer’s leave will be credited upon the employee’s commencement with the National Archives. This will be 18 days leave pro-rated based on the employee’s initial contract period and is capped at 18 days. After the initial contract period or 12 months, whichever is shorted, or where the employee has an existing entitlement to personal/carer’s leave, leave will accrue and be credited daily.

Usage

257. Personal/carer’s leave is to be used:

     257.1 due to personal illness or injury;

     257.2 to attend appointments for health care;

     257.3 to manage a chronic conditions; and/or

     257.4 to provide care or support for a family member (including a household member) or a
     person they have caring responsibilities for, or because:

     257.4.1 of a personal illness or injury affecting the other person; or

     257.4.2 of an unexpected emergency affecting the other person.

Carers

258. A person that an employee has caring responsibilities for may include a person who needs care because they:

     258.1 have a medical condition, including when they are in hospital;

     258.2 have a mental illness;

     258.3 have a disability;

     258.4 are frail or aged; and/or

     258.5 are a child not limited to a child of the employee.

259. A casual employee may be absent without pay when not fit for work due to personal illness or injury.

260. An employee (including a casual employee) is entitled to two days Unpaid Carer’s Leave for each occasion when a member of the employees’ family or household, requires care or support because of:

     260.1 a personal illness or injury affecting the other person; or

     260.2 an unexpected emergency affecting the other person.

261. An employee can only access Unpaid Carer’s Leave where:

     261.1 all paid Personal/Carer’s Leave credits have been exhausted; and

     261.2 the employee has provided appropriate notice and, where requested, documentation to support the request for leave.

262. Employees must advise their supervisor prior to or as soon as practicable after the leave has commenced.

Evidence

263. Employees may be requested to provide evidence to support an application for personal/carer’s leave in excess of:

     263.1 Three consecutive calendar days; or

     263.2 Ten days without evidence per calendar year

264. Acceptable evidence includes:

     264.1 a certificate from a registered health practitioner;

     264.2 a statutory declaration; or

     264.3 another form of evidence approved by the Director-General.

265. A certificate from a registered health practitioner may be used as evidence of a chronic condition for up to 12 months for both personal and carer’s leave.
266. An employee will not, without their consent, be retired on invalidity grounds before Personal/Carer’s Leave credits have been exhausted, unless provided by legislation, and a certificate has been issued by the relevant superannuation fund in accordance with the relevant Superannuation Act.
267. An employee who is retired from the APS on the grounds of invalidity and is subsequently reappointed in accordance with the Superannuation Act, is entitled to be credited with Personal/Carer’s Leave equal to the balance at the time of retirement.
268. An employee receiving workers’ compensation for more than the prescribed period under the Safety Rehabilitation and Compensation Act 1988 (45 weeks) will accrue Personal/Carer’s Leave on the basis of hours actually worked.
269. Where Personal/Carer’s Leave with pay credits have been exhausted, Personal/Carer’s Leave without pay may be approved by the Director-General. Personal/Carer’s Leave without pay will count as service.
270. Employees who have exhausted their annual Personal/Carer’s Leave credits of 18 days will be able to access an additional two days per calendar year for purposes outlined in clause 261. This additional two days cannot be accrued.
271. Leave at half pay may be approved by the Director-General.

272. Where an employee moves into National Archives from another APS agency where they were an ongoing employee, including on promotion or for an agreed period, the employee’s unused accrued annual leave and personal/carer’s leave will be transferred, provided there is no break in continuity of service.
273. Where an employee is engaged in National Archives immediately following a period of ongoing employment in the Parliamentary Service or the ACT Government Service, the employee’s unused accrued annual leave and personal/carer’s leave will be recognised unless the employee received payment in lieu of those entitlements on cessation of employment.
274. Where an employee is engaged as an ongoing employee in National Archives, and immediately prior to the engagement the person was employed as a non-ongoing APS employee (whether in the agency or another), at the employee’s request, any unused accrued annual leave (excluding accrued leave paid out on separation) and personal/carer’s leave will be recognised.
275. Where an employee is engaged as a non-ongoing APS employee, and immediately prior to the engagement the person was employed as a non-ongoing APS employee (whether in the agency or another) at the employee’s request, any unused accrued annual leave (excluding accrued leave paid out on termination of employment) and personal/carer’s leave will be recognised.
276. Where an employee is engaged as an ongoing employee in National Archives, and immediately prior to the engagement the person was employed by a Commonwealth employer (other than in the Parliamentary Services which are covered in clause 274), the Director-General will recognise any unused accrued personal/carer’s leave at the employee’s request. The Director-General will advise the employee of their ability to make this request.
277. Where an employee is engaged as an ongoing employee in National Archives, and immediately prior to the engagement the person was employed by a State or Territory Government, the Director-General may recognise any unused accrued personal/carer’s leave, provided there is not a break in continuity of service.
278. For the purposes of clauses 272 to 277, an employee with a break in service of not more than 2 calendar months is considered to have continuity of service.

279. Where an employee is absent from duty without approval, all pay, and other benefits provided under this Agreement may cease to be available until the employee resumes duty or is granted leave. Where the leave is not granted, the absence will not count as service.

280. When an employee is on:

     280.1 annual leave;

     280.2 purchased leave;

     280.3 defence reservist leave;

     280.4 First Nations ceremonial leave;

     280.5 NAIDOC leave;

     280.6 cultural leave; or

     280.7 long service leave; and becomes eligible for, under legislation or this agreement:

     280.8 personal/carer’s leave;

     280.9 compassionate or bereavement leave;

     280.10 jury duty;

     280.11 emergency services leave;

     280.12 leave to attend to family and domestic violence circumstances; or

     280.13 parental leave, premature birth leave, stillbirth leave or pregnancy loss leave; the affected period of leave will be re-credited.

281. When an employee is on personal/carer’s leave and becomes eligible for parental leave, premature birth leave, stillbirth leave or pregnancy loss leave, the affected period of leave will be re-credited.
282. Re-crediting is subject to appropriate evidence of eligibility for the substituted leave.

283. An employee is eligible for long service leave in accordance with the Long Service Leave (Commonwealth Employees) Act 1976.
284. The minimum period for which long service leave will be granted is 7 calendar days (whether taken at full or half pay). Long service leave cannot be broken with other periods of leave, except as otherwise provided by legislation or provided for in the re-crediting of leave clause at 280 of this agreement.

285. Having regard to the operational needs of National Archives, Miscellaneous Leave may be granted for the purposes of an employee’s emergency or special circumstances not covered by other leave provisions provided for under this agreement.
286. Miscellaneous Leave may be granted by the Director-General, with or without pay, for the period applied for or for another period, may be subject to conditions, e.g. time limits and may count for service or not count for service. Where Miscellaneous Leave is not granted, reasons for non-approval will be provided in writing.
287. All Miscellaneous Leave without pay in excess of 30 days in a calendar year will not count as service for any purpose, except Long Service Leave. Leave without pay will not count for service for Long Service Leave unless the Director-General designates this leave to count for service on a case-by-case basis or as otherwise provided by the Long Service Leave (Commonwealth Employees) Act 1976.
288. A casual employee may be provided paid miscellaneous leave for the purposes of family and domestic violence support and otherwise by Government directive.

NAIDOC leave

289. First Nations employees and employees recognised by the Aboriginal and Torres Strait Islander Community may access up to one day of paid leave per calendar year to participate in NAIDOC week activities.
290. Employees who do not identify as First Nations employees will be supported to participate, on paid time, in National Archives NAIDOC week activities.
291. NAIDOC leave can be taken in part days.

First Nations ceremonial leave

292. First Nations employees may access up to 6 days of paid leave over 2 calendar years to participate in significant activities associated with their culture or to fulfil ceremonial obligations.
293. The Director-General may approve additional leave for cultural or ceremonial purposes as miscellaneous leave, with or without pay.
294. First Nations ceremonial Leave can be taken as part days.
295. First Nations ceremonial leave is in addition to compassionate and bereavement leave.

Cultural leave

296. The Director-General may grant up to 3 days of paid leave per calendar year for the purpose of attending significant religious or cultural obligations associated with the employees’ particular faith or culture.
297. The Director-General may approve additional leave for cultural purposes as miscellaneous leave, with or without pay.
298. Cultural leave can be taken as part days.
299. For the avoidance of doubt, this leave does not cover cultural purposes or obligations which are eligible for paid leave under 291-294.

300. A primary caregiver, secondary caregiver and ML Act is defined in the definitions section.
301. An employee who is a primary caregiver or secondary caregiver is entitled to parental leave up until 24 months from the date of the child’s birth or placement (parental leave period). For the avoidance of doubt, this is inclusive of all legislated leave entitlements. The parental leave period does not extend non-ongoing employment where the employment period remaining is less than 24 months. An employee is only eligible for parental leave with pay as either a primary caregiver or a secondary caregiver for the particular parental leave period and cannot switch roles for the purpose of accessing additional paid leave.
302. For the pregnant employee, the parental leave period starts on commencement of maternity leave as per ML Act requirements and ceases 24 months from the date of birth. Medical certification requirements for the pregnant employee will be as required by the ML Act.
303. Conditions in this agreement will continue to apply in circumstances where successor legislation to the ML Act does not provide parental leave conditions included in this agreement.

Payment during parental leave

304. An employee is entitled to parental leave with pay as per clauses 300-301 within the parental leave period. Any further parental leave during the parental leave period is without pay. Unused paid parental leave remaining at the end of the employee’s parental leave period will lapse. An employee may choose to use their accrued paid leave entitlements in accordance with usage and eligibility requirements in this agreement during the parental leave period that would otherwise be without pay.
305. Employees newly engaged in the agency or who have moved to National Archives from another APS agency are eligible for the paid parental leave in clauses 300-301 where such paid leave had not already been provided by another APS agency or Commonwealth employer in the 24 months since the child’s date of birth or placement. If the paid leave used by the employee with the previous Commonwealth employer or APS agency is less than the limits specified in clauses 300-301, the balance is available to the employee.
306. An employee who is a primary caregiver is entitled to parental leave with pay during the parental leave period to a maximum of 18 weeks as provided in Table 2 below.

307. An employee who is a secondary caregiver is entitled to parental leave with pay during the parental leave period as provided in Table 3 below.

308. Flexibility: Parental leave with pay, whether provided as maternity leave under the ML Act or under this agreement, can be accessed flexibly during the parental leave period and does not have to be taken in a single block. For the avoidance of doubt, parental leave can be used to replicate a part time work arrangement and can be taken concurrently with another parent in relation to the same child.
309. Rate of payment during paid parental leave is the same as for an absence on personal/carer’s leave and based on the employee’s weekly hours at the time of the absence.
310. Half-pay option: The payment of any paid parental leave may be spread over a maximum period of 36 weeks at the rate of, no less than, half the normal rate of salary. All paid parental leave counts as service for all purposes, where permitted by legislation.
311. The period of unpaid Parental Leave may commence up to six weeks before the expected date of birth but no later than the date of birth or placement of the child.

Returning to work after a period of parental leave

312. On ending Parental or Maternity Leave, an employee is entitled to return to:

     312.1 the employee’s pre-parental/maternity leave duties; or

     312.2 if those duties no longer exist, an available position for which the employee is qualified and suited at the same classification and pay as applied preparental/ maternity leave will be sought.

313. For the purposes of clause 312, duties mean those performed:

     313.1 if the employee was moved to safe duties because of the pregnancy, immediately before the move; or

     313.2 if the employee began working part-time because of the pregnancy, immediately before the part-time employment began; or

     313.3 otherwise, immediately before the employee commenced Maternity or Parental Leave.

Adoption and long-term foster care

314. An employee who is a primary caregiver or secondary caregiver is entitled to parental leave in accordance with this agreement for adoption or long-term foster care, provided that the child:

     314.1 is under 16 as at the day (or expected day) of placement;

     314.2 has not lived continuously with the employee for a period of six months or more as at the day (or expected day) of placement; and 

     314.3 is not (otherwise than because of the adoption) a child of the employee or the employee’s spouse or de facto partner.

315. Documentary evidence of approval for adoption or enduring parental responsibilities under formal fostering arrangements must be submitted when applying for parental leave for adoption or long-term foster carer purposes.

Stillbirth

316. Parents of a stillborn child remain eligible for parental leave, except for paid leave for the secondary caregiver which is two weeks.

317. A stillborn child is a child:

     317.1 who weighs at least 400g at delivery or whose period of gestation was 20 weeks or more; and

     317.2 who has not breathed since delivery; and

     317.3 whose heart has not beaten since delivery.

Pregnancy loss leave

318. A pregnant employee who experiences, or an employee whose spouse or partner experiences, pregnancy loss is entitled to one weeks’ paid leave. Pregnancy loss is a miscarriage or other loss of pregnancy that occurs between 12- and 20-weeks’ gestation that is not a stillbirth.
319. Pregnancy loss leave is in addition to entitlements to compassionate leave for miscarriage provided under the FW Act and this agreement.

Premature birth leave

320. In circumstances of a live birth before 37 weeks’ gestation a pregnant employee, or an employee whose spouse or partner has given birth prematurely, is entitled to paid premature birth leave from the date of the child’s birth up to just before 37 weeks’ gestation. Parental leave with pay is then available from what would have been 37 weeks’ gestation in accordance with Parental leave in this agreement, noting the parental leave period commences on the child’s date of birth.

Transitional provisions

321. Employees eligible for paid leave under the ML Act are required under legislation to use their paid maternity leave first. In this circumstance, the employee may postpone their paid premature birth leave otherwise payable under clause 320 until after the legislated paid maternity leave is used.

322. Employees will be eligible for 3 days paid compassionate leave on each occasion when:

     322.1 a member of their family (including a member of their household) or someone they have a close personal relationship with contracts, develops or sustains a life-threatening illness or injury; or

     322.2 the employee or their partner has a miscarriage.

323. An employee may be asked to provide evidence to support their absences on compassionate leave.
324. Compassionate leave for an occasion may be taken as 3 consecutive days or in separate periods totalling 3 days. This can include part days.
325. For casual employees, compassionate leave is unpaid.

326. Employees will be eligible for 3 days paid bereavement leave on each occasion when:

     326.1 a member of their family (including a member of their household) or someone they had a close personal relationship with dies; or

     326.2 a child is stillborn, where the child was a member of their family (including a member of their household).

327. An employee may be asked to provide evidence to support their absences on bereavement leave.
328. Bereavement leave for an occasion may be taken as 3 consecutive days or in separate periods totalling 3 days. This can include part days.
329. For casual employees, bereavement leave is unpaid.

330. In line with section 108 of the FW Act, an employee who engages in an eligible community service activity is entitled to emergency response leave to volunteer for emergency management duties for:

     330.1 the time engaged in the activity;

     330.2 reasonable travelling time; and

     330.3 reasonable recovery time.

331. Full-time and part-time employees will be able to access 20 working days of paid emergency response leave at their full rate of pay per year if required. The Director-General may provide additional emergency response leave with pay.

     331.1 For the purposes of this clause, full rate of pay is to be as if the employee was at work.

332. Paid leave may be refused where the employee’s role is essential to National Archives’ response to the emergency.
333. An employee must provide evidence that the organisation requests their services. Employees can provide evidence before or as soon as practical after their emergency service activity.
334. The Director-General may approve reasonable paid or unpaid leave for ceremonial duties and training.
335. Emergency response leave, with or without pay, will count as service.

336. Employees who are required by a court to attend either for jury selection, or to act as a juror, will be released from duty for the required period, without the need to apply for leave.

337. Full and part-time employees will be released from duty on their full rate of pay. Payment for casuals will be as per the relevant state legislation.

     337.1 For the purposes of this clause, full rate of pay is to be as if the employee was at work.

338. The employee is required to inform their manager before they are released from duty and provide evidence of the need to attend.
339. If the employee receives a payment from the court for attendance (which are not expense related such as allowances and reimbursements), they must repay that amount to National Archives for the period of absence. This will be administered in accordance with the overpayments clause.

340. To encourage greater participation in the community, National Archives, subject to the Director-General’s agreement may grant one paid day per calendar year to employees to undertake charitable or community-based work. It is intended that this leave will be for the purposes of assisting charitable, not for profit or other community-based organisations (e.g. Meals on Wheels, Lifeline Counselling). While paid leave is granted for such purposes, the employee will be subject to the work health and safety and compensation arrangements of the host organisation as is the case if undertaking such work in their own time.
341. Volunteers Leave may be taken in periods of less than one day, however, the total period of leave during a calendar year cannot exceed the equivalent of one Standard Working Day.

342. The Director-General will give an employee leave with or without pay to undertake:

     342.1 Australian Defence Force (ADF) Reserve and continuous full-time service (CFTS); and

     342.2 Australian Defence Force Cadet obligations.

343. An employee who is a Defence Reservist can take leave with pay for:

     343.1 up to 4 weeks (20 days) in each financial year (pro-rata for part-time employees); and

     343.2 an extra 2 weeks (10 days) in the first year of ADF Reserve service (pro-rata for part-time employees).

344. Leave can be built up and taken over 2 consecutive years. This includes the extra 2 weeks in the first year of service.

345. An employee who is an Australian Defence Force Cadet officer or instructor can get paid leave up to 3 weeks in each financial year to perform their duties. Australian Defence Force Cadets means:

     345.1 Australian Navy Cadets;

     345.2 Australian Army Cadets; and

     345.3 Australian Air Force Cadets.

346. In addition to the entitlement at clause 345, paid leave may be granted to an employee to attend an interview or medical examination in connection with the enlistment of the employee in a Reserve Force of the Defence Force.
347. Paid defence reservist leave counts for service.
348. Employees may continue to access other components of their remuneration package, e.g. superannuation (subject to superannuation fund rules), studies assistance, salary reviews and cars.
349. Unpaid defence reservist leave for 6 months or less counts as service for all purposes. This includes periods of CFTS.
350. Unpaid leave taken over 6 months counts as service, except for annual leave.
351. Eligible employees may also apply for Annual Leave, Long Service Leave, leave without pay, top-up pay, or they may use flex time or make up time for the purpose of fulfilling ADF Reserve, CFTS or Cadet Force obligations.
352. An employee will not need to pay their tax free ADF Reserve salary to their agency for any reason.

353. An employee is eligible for defence service sick leave credits when the Department of Veterans Affairs (DVA) has certified that an employee’s medical condition is as a result of either:

     353.1 warlike service; or

     353.2 non-warlike service.

354. An eligible employee can get 2 types of credits:

     354.1 an initial credit of 9 weeks (45 days) defence service sick leave will apply as of the later below option:

     354.1.1 they start employment with the APS; or

     354.1.2 DVA certifies the condition; and

     354.2 an annual credit of 3 weeks (15 days) defence service sick leave.

355. An employee can use their defence service sick leave when a recognised medical practitioner provides a certificate that says they were away due to their DVA certified medical condition.
356. Unused annual credits can be built up to 9 weeks.
357. An employee cannot use annual credits until the initial credit is exhausted.
358. Defence service sick leave is paid and counts as service for all purposes.

359. An employee giving evidence before a Court, Tribunal or Royal Commission on behalf of the Commonwealth or a Commonwealth party in the course of their duties, will be considered on duty.
360. An employee who is not covered under clause 359, and is required to give evidence to, appear before or attend to instruct a representative at a Court, Tribunal or Royal Commission in relation to their duties will be released from duty without loss of pay. This includes in proceedings relating to a dispute between the employee and National Archives.
361. An employee may otherwise be granted paid or unpaid miscellaneous leave by the Director- General if required to give evidence to a Court, Tribunal or Royal Commission for any other reason. Where approval for unpaid leave is given, the employee may elect to use accrued annual leave, flex leave or time off in lieu.
362. The Director-General may refuse to release an employee from duty having regard to business requirements and whether the employee’s attendance is necessary for the Court, Tribunal or Royal Commission hearing.

363. One day per calendar year with pay will be approved by the Director-General for employees to move house where it cannot be planned for and evidence of a change in address is provided.