January 1999 Volume 80 Number 1 "serving the protectors"
Taking Leave
By Bernadette Zimmermann PASA Executive Committee Member

The Women’s Branch receives numerous queries regarding members’ rights to leave provisions. For this reason it has compiled a list of leave types available to all members.

Explained in this column are various forms of leave under:

• The Police Officers Award.
• General orders.
• PCO documents.
• Police regulations.
• The 1998 enterprise agreement.

All information was sourced from InText and was retrieved in October 1998. For a complete version and procedural direction, members should refer to the full text of the relevant document. Some provisions are simply referred to in “heading” form to alert members that leave of that type may be available.

Police Officers Award

CLAUSE 10A - PART-TIME EMPLOYMENT

The criteria for part-time employment includes, but is not limited to:

• Combining work and family responsibilities.
• Difficulty with full-time work for medical reasons including rehabilitation etc. or other physical disabilities.
• Preparation for retirement.
• Readjustment after extended leave, eg sickness, parental duties etc.

Recently, study commitments has been included as another criterion.

Annual leave, sick leave and award allowances apply, but on a pro-rata basis. In most cases six weeks’ annual leave is still given but paid at the reduced rate of hours worked per fortnight. So, when you go on annual leave, the only difference in pay is usually an increase due to the pro rata amount of leave loading.

CLAUSE 19 - SICK LEAVE

On full pay, per financial year as follows:

• < six months service - six days.
• > six months but <12 months - 12 days.
• >12 months - 12 days plus accumulated days.

Reductions apply to employees on leave without pay.
“Service” commences on the day you enter SAPOL.

CLAUSE 21 - ANNUAL LEAVE

• Employees >12 months service, 42 days recreation leave (not including public holidays falling between Monday and Friday).
• If < 12 months due to separation or leave without pay (LWOP), then annual leave will be proportional to the “service” for that year.
• The Commissioner may permit employees to take any part of due annual leave in cases of pressing necessity.
• If recalled to duty on annual leave, then additional days equivalent to the number of days recalled are granted, usually at the termination of that leave.

General Orders

GENERAL ORDER 2515

GENERAL APPROVALS

Usually annual leave is taken in either a 42-day period or multiples of 21-day periods. Some areas may allow less than 21-day periods, but these must be in multiples of seven days.

SEPARATIONS

Pro rata annual leave or payment in lieu will be granted (in accordance with the award) for employees who retire, resign, terminate services through death or others reasons.

CALCULATING PRO RATA LEAVE UPON RETIREMENT THROUGH AGE

Members must take all pro rata annual leave before the date of retirement, hence the retirement day selected is considered the last day of paid service.

CALCULATING PRO RATA LEAVE UPON RESIGNATION OR INVALIDITY

The pro rata leave entitlement to the last day of active service will count as “service” for determining annual leave due.

LEAVE FOR DEFENCE FORCES RESERVE

SPECIAL LEAVE FOR WAR-CAUSED DISABILITY

TRAVEL FROM REMOTE AREAS/INTERSTATE RECREATION LEAVE

Members travelling to Adelaide, or a place further from the member’s station than Adelaide, may be granted extra leave days for that purpose. Members posted interstate and who spend at least two weeks of annual leave in South Australia are also entitled to extra days for the purpose of travelling.

One day extra: Ceduna, Cleve, Cowell, Cummins, Elliston, Hawker, Kimba, Kingscote, Lock, Minnipa, Penong, Poochera, Port Lincoln, Streaky Bay, Tarcoola, Tumby Bay, Wirrulla, Woomera, Wudinna, Melbourne.

Two days extra: Andamooka, Coober Pedy, Leigh Creek, Marla, Marree, Oodnadatta, Roxby Downs, Yalata, Canberra, Sydney.

Three days extra: Indulkana.

Four days extra: Amata, Ernabella, Fregon.

Granted once per financial year on the minimum rate of pay and excludes penalty rates.

LEAVE FOR BLOOD DONATIONS

LEAVE FOR VOLUNTEER EMERGENCY SERVICES DUTIES

PERFORMING DUTY WHILE ON WORKERS COMPENSATION LEAVE OR SICK LEAVE

Not required to attend court or perform other duties. However, divisional officer can waive this right (depending on individual circumstances) if it is unlikely to adversely affect the health of the member AND the member consents.

LONG SERVICE LEAVE (LSL)

• Can’t apply prior to completing 10 years’ service (starts on date of joining SAPOL) and is calculated in calendar days.
• First 15 years: nine days at full pay or 18 days at half pay.
• 16th and subsequent years: 15 days if you commenced your 16th year on or after 1.7.75.
• Must apply for LSL at least one month prior, unless impracticable.

LONG SERVICE LEAVE - RESIGNATION BEFORE RETIRING AGE

May apply for:

• Cash payment in lieu.
• LSL with the right to salary for that period.

If cash in lieu, “service” is deemed to end on the last day of duty or at the end of any type of leave or pro rata granted.

While on LSL, will receive salary for that period and remain in service until it expires. So, you count LSL as “service” for the purpose of earning further LSL AND is affected by salary changes occurring during that leave.

This is important considering the new enterprise agreement.

Payment on pro rata basis upon termination for any reason for service greater than or equal to seven years but before the completion of 10 years’ service.

TRANSFER OF LONG SERVICE LEAVE WITHIN THE PUBLIC SECTOR

SPECIAL LEAVE WITH PAY FOR SPORTING PURPOSES

• Generally, applications are considered, even if they fall outside “authorised sports/events” by either:
  a)recommendation by the SA Police Sports Federation to the Commissioner OR
  b) it is considered:
    i) to contain a high level of police work-related skill, or
    ii) to contain a strong physical fitness component, or
    iii) a competition between police officers and is at a high level
      (state, national or international).
• Leave with pay is not granted if outside sources are paying.
• Applicants must exhaust other leave alternatives by changing either their roster and/or rostered days off.
• This leave is regarded as “duty” for purposes of workers compensation, but does not include training sessions, official functions or rest days.

SPECIAL LEAVE WITHOUT PAY - AUSTRALIAN INSTITUTE OF SPORT

Applies to scholarships and is generally for 12 months with the possibility of extending past that date.

SPECIAL LEAVE WITH PAY - SICK CHILD/PRESSING OR URGENT NECESSITY

• Refers to dependant children or for urgent necessity, such as the care of a sick spouse/partner.
• May be granted for a maximum of three days in any financial year.

FAMILY CARERS LEAVE

• If special leave with pay exhausted (see previous), can access five days paid sick leave per year for a family member.
• Must make formal application.
• Produce evidence if required.
• Have responsibility for that family member.
• Declare the absence was necessary and unavoidable.

COMMUNITY ACTIVITIES LEAVE

Can attend on duty if Assistant Commissioner/Commander decides:

• Linked to corporate goals and is a significant policing activity.
• Organisers pay for all costs except base salary.
• Doesn’t interfere with operational requirements.

PCO

PCO 480 - PARENTAL LEAVE

Includes maternity, special maternity, adoption, leave to arrange adoption and child care leave.

It is given as:

• Special Leave without pay.
  • - Is counted as “service”.
  • Cannot exceed 52 weeks.
  • Cannot accrue other leave entitlements during this leave.
  • Must give written notification 21 days in advance of any variation.
  • Can tack annual leave and/or long service leave onto parental leave.
• Special Maternity Leave
  • For members not already on maternity leave, whose pregnancy terminates after 28 weeks, other than through the birth of a living child.
  • Entitled to unpaid leave for whatever period physician certifies to be necessary.
  • May also take paid sick leave, in addition to above, for whatever period physician certifies.
  • For members already on maternity leave, whose pregnancy terminates, other than by the birth of a living child, can make written application to resume work within 21 days of the report being received.
• Forced Leave
  • Pregnant members considered unable to perform duties can be directed to take leave (either maternity or sick leave), for whatever period physician certifies as necessary.
  • Direction to occur only after discussions between member, SAPOL and equal opportunity officer.
• Adoption Leave
  • LWOP may be granted to undertake the care of a newly adopted child, not of school age, for a period (or aggregate periods) of up to 52 weeks for any one child.
  • Some other terms relating to this form of leave, include:
    If both parents are SAPOL or public sector employees, their leave cannot be taken at the same time, unless the child to be adopted is resident overseas and then both can take up to six weeks together. Leave then taken by the parents cannot exceed 52 weeks between them. Part III of the general order explains fully the reporting procedure etc.
  • - LWOP will also be considered for the purposes of arranging the adoption, eg interviews etc.
• Child Care Leave
  • LWOP to care for child under school age for up to 52 weeks per child.
  • The 52 weeks maximum of child care leave is reduced by any period that was taken as LWOP during maternity leave.

PCO 496

• Assistance for Part-time Study.
• Full-time studies assistance.

Police Regulations

Includes:

SPECIAL SICK LEAVE EX-SERVICEMEN

INJURY ON DUTY

COMPASSIONATE LEAVE

• With pay, upon the death (within Australia) of:
  Spouse
  Defacto Child
  Parent Parent-in-law
  Guardian
  Sibling Step-sibling
  Half-sibling
• Up to two days.
• To supply proof of death.
• Doesn’t include spouse or defacto from whom the employee is separated.

OTHER SPECIAL LEAVE

• Commissioner may grant LWOP or with pay, or reduced pay for any special circumstances justifying a leave of absence.

LEAVE BANK

Enterprise Agreement 1998

• Family carers leave remains as per the previous agreement.
• Employees with a minimum of 12 months’ continuous service can apply for two weeks’ paid maternity leave in conjunction with unpaid maternity leave.

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