Approving Authority:	Director Human Resources
Date of Approval:	February 2001
Last Amended:	March 2007
Contact Officer:	Industrial Relations Advisory Unit

RECREATION LEAVE

Entitlements of Staff on Fixed-Term Contracts to Accrued Recreation Leave

It has been common in the University that staff employed on a fixed term contract are advised in their contract that they must take any accrued recreation leave during the period of the contract. The question arises as to what happens when employees do not take their accrued recreation leave prior to the cessation of their employment with the University.

The management of recreation leave should be regarded as a management issue rather than an industrial one. Supervisors should consequently not seek to rely on a provision in an employment contract that requires the employee to take the leave during the period of the contract. Employees are entitled to the benefits that accrue from employment and these entitlements cannot be diminished or denied. In other words, an employee who has not taken all available recreation leave by the end of his/her fixed-term contract has a legal right to have the leave balance paid out on termination.

Directing an Employee to Take Recreation Leave

The issue of directing an employee to take accrued recreation leave has long been held by industrial tribunals to be a matter of managerial prerogative. So long as a supervisor takes reasonable steps to ensure that a direction to take leave is fair and that appropriate notice to take the leave is given, there is little risk to the University of industrial repercussions. It would therefore be open to a supervisor, for example, to direct an employee to take accrued recreation leave in January when there were few students on campus.

Clause 28.3 of the UNSW (Academic Staff) Enterprise Agreement 2006 (the Academic Staff Agreement) provides that available recreation leave will normally be taken in those periods between the completion of examination duties in one Session and the commencement of enrolment or teaching preparation duties for the next Session.

Where leave has accumulated from previous years, clause 28.5 of the Academic Staff Agreement provides that an academic may be directed to take accumulated leave provided:

• the timing of the leave is discussed with the academic;
• a minimum of three months written notice is given;
• the Academic is allowed to take the leave in one block unless otherwise agreed; and
• the University ensures the leave periods are completely free of any work duties.

SICK LEAVE

Requirement to Provide a Medical Certificate

Academic Staff

Clause 30.0 of the UNSW (Academic Staff) Enterprise Agreement 2006 provides that sick leave will only be granted to academic staff where they provide a medical certificate.

General Staff

Clause 33.0(c) of the UNSW (General Staff) Enterprise Agreement 2006 provides that:

If any sick leave absence exceeds three consecutive working days, the employee will provide a certificate by a medical practitioner as to the nature of the illness or incapacity involved.

Clause 33.0(d) of the UNSW (General Staff) Enterprise Agreement 2006 also allows the University to request an employee provide a medical certificate for an absence:

The University may require an employee to produce a certificate from a medical practitioner for any sick leave absence (subsequent to such requirement being made) stating that the employee is unable to attend for duty on a day or days in respect of which he/she claims sick leave.

Clearly, before such a requirement can be made, the University must first advise the employee that he/she must provide a medical certificate for any sick leave absence in the future, regardless of length.

LONG SERVICE LEAVE

Notice Required of Long Service Leave

Clause 29.5 of the Academic Staff Agreement provides that an academic who wishes to take long service leave should submit a written application to the relevant supervisor at least six months prior to when the leave will be taken. Although there is no equivalent provision in the General Staff Agreement, it is expected that general staff would provide a similar period of notice.

Clause 29.6 of the Academic Staff Agreement prescribes that where an academic has an entitlement to take long service leave,he/she may take the leave when he/she chooses provided that six months notice has been given. No such provision exists for general staff, but it is an overarching principle in relation to all UNSW staff that long service leave should be taken at a time that is mutually convenient to both the employee and the University.

Directing an Employee to Take Long Service Leave

Clause 29.6 of the Academic Staff Agreement provides that an academic who has accrued more than 4.5 months long service leave may be directed to take between six weeks and three months of that entitlement provided that:

• at least 12 months written notice of the requirement to take leave is provided;
• the leave is not required to be taken within 24 months of the academic's intended retirement;
• there is no direction to take another period of long service leave for another two years.

There is no similar provision in the General Staff Agreement. Consequently, whilst this matter remains one of managerial prerogative, any direction to take long service leave should be fair and reasonable and appropriate notice should be given to the employee.

For more information please contact:
Industrial Relations Advisory Unit
Phone: 02 9385 1710