AP781128 - Flight Attendants (Domestic Airlines) Award 1999
[28 substituted by PR900218 from 11Oct99; varied by PR904088 from 11Oct99; substituted by PR970100 ppc 22Sep05]
The provisions of this clause apply to full-time and permanent part-time Flight Attendants.
28.1 Definitions
The term immediate family includes:
28.1.1 spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis; and
28.1.2 child or an adult child (including an adopted child, a step child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.
28.2 Amount of paid personal leave
28.2.1 Paid personal leave is available to an employee, when they are absent:
28.2.2 The amount of personal leave to which a full-time employee is entitled depends on how long they have worked for the employer and accrues as follows:
Length of service with the employer |
Personal leave
|
On date of appointment |
13 |
After 12 months employment |
18 |
Each 12 months thereafter |
18 |
28.2.3 In any year unused personal leave accrues by the lesser of:
28.2.3(a) the current year’s sick leave entitlement less the number of sick leave and carer’s leave days taken during the year; or
28.2.3(b) the balance of that year’s unused personal leave.
28.2.4 Personal leave may accumulate to a maximum of 52 weeks, but is not paid in lieu on termination of employment.
28.3 Personal leave for personal injury or sickness
An employee is entitled to use the full amount of their personal leave entitlement including accrued leave for the purposes of personal illness or injury, subject to the conditions set out in this clause.
28.4 Personal leave to care for an immediate family or household member
An employee is entitled to use personal leave, including accrued leave, to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency, subject to the conditions set out in this clause.
28.5 Employee must give notice
28.5.1 Before taking personal leave, a Flight Attendant should give at least two hours notice before their next rostered starting time, unless they have a good reason for not doing so.
28.5.2 The notice must include:
28.5.3 If it is not practicable for the Flight Attendant to give prior notice of absence, the Flight Attendant must notify the Employer by telephone at the first opportunity.
28.5.4 A Flight Attendant resuming duty after any period of sick leave must advise the Employer on the day preceding the return to duty.
28.6 Evidence supporting claim
28.6.1 Subject to 28.6.3, unless a Flight Attendant produces a medical certificate when claiming personal leave, the Flight Attendant is not entitled to payment for the absence.
28.6.2 The Employer must grant paid personal leave to a Flight Attendant without the provision of a medical certificate to the extent of 4 days in each 12 month period.
28.6.3 If a Flight Attendant applies for personal leave which requires treatment from a registered dentist, physiotherapist, chiropractor, osteopath or psychologist in full time clinical practice, they must produce evidence from the practitioner.
28.6.4 When taking leave to care for members of their immediate family or household who require care due to an unexpected emergency, the Flight Attendant must, if required by the employer, establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.
28.7 Effect of Worker’s Compensation
If a Flight Attendant is receiving worker's compensation payments, they are not entitled to sick leave.
28.8 Non-health reasons
If the Employer does not want a Flight Attendant to take up line operations due to non-health reasons, the Flight Attendant must continue to be paid in accordance with his/her projected roster, including the loading in lieu of shift penalty, with no credits deducted from sick leave.
28.9 A Flight Attendant may take unpaid personal leave by agreement with the Employer.
28.10 Other Forms of Personal Leave
28.10.1 Upper Respiratory Tract Infection Leave
A Flight Attendant must be granted up to 6 working days per annum for sickness associated with Upper Respiratory Tract Infection without the production of a medical certificate.
28.10.2 On exhaustion of accumulated full pay personal leave credits a Flight Attendant must be granted up to 90 consecutive days leave at half pay on each Flight Attendant's anniversary date where medical evidence shows that the Flight Attendant may return to duty.
28.10.3 Unpaid personal leave
Where an employee has exhausted all paid personal leave entitlements, they are entitled to take unpaid personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. The employer and the employee shall agree on the period. In the absence of agreement, the employee is entitled to take up to two days (up to a maximum of 16 hours) per occasion, provided the requirements of 28.5 and 28.6 are met.
28.10.4 Illness while on Duty
A Flight Attendant who becomes ill whilst on duty away from home base and is unable to perform further duties, will be provided by the Company, or reimbursed in full for the cost of:
28.10.4(a) daily travelling allowance up until sign-off in permanent base, plus reasonable out-of-pocket expenses excluding meals and laundry. If the Flight Attendant is hospitalised, daily travelling allowance will cease whilst the Flight Attendant is hospitalised. Reasonable out-of-pocket expenses incurred by the Flight Attendant while away from permanent base must be met by the Employer;
28.10.4(b) accommodation (if required) as provided in 19.14.1;
28.10.4(c) transport to and from airport, accommodation or doctor;
28.10.4(d) booked travel to permanent base;
28.10.4(e) transport to home or doctor if the Flight Attendant requires this on arrival at permanent base;
28.10.4(f) if the Flight Attendant is unable to travel by air, then the Employer must provide a method of appropriate standard transport that is consistent with the Flight Attendant’s state of health for the Flight Attendant’s return back to their home base. If the Employer elects not to provide the appropriate standard of transport, the Flight Attendant will be reimbursed in full for the cost of obtaining such transport.
28.11 Flight Attendants may request unpaid leave which may include up to 14 days for their marriage. However such leave cannot be taken in conjunction with annual leave.
