The Enterprise Agreement and leave and public holidays guideline (see related resources) detail MOP(S) Act employees’ leave entitlements. Leave that does not otherwise fall into one of the major categories may be classified below.
Compassionate leave
MOP(S) Act employees are entitled to paid compassionate leave. In the event that a member of an employee’s immediate family or household contracts an illness or injury that poses a serious threat to their life, employees are entitled to two days leave. Employees can access three days leave in the event of the death of a family member, friend or member of their household.
Employees can access three days leave in the event that they or their partner has a miscarriage. For casual employees, unpaid compassionate leave can be taken as provided under the Fair Work Act 2009. Compassionate leave can be taken as three consecutive days or in separate periods totalling three days.
Bereavement leave
Employees are eligible for three days of bereavement leave for each occasion when:
- A member of the employee’s immediate family (including a member of their household) or someone they had a close personal relationship with dies.
- A child is stillborn, where the child was a member of their family (including a member of their household).
Bereavement leave can be taken as three consecutive days or in separate periods totalling three days. These can include part days. Casual employees are entitled to unpaid bereavement leave in accordance with the provisions of the Fair Work Act.
Community service leave
Employees, other than casual employees, are entitled to leave with full pay for a period during which the employee is undertaking eligible community service activities.
Eligible activities are defined in the Fair Work Act 2009 as:
- jury service
- voluntary emergency management activities (defined in detail at subsections 109(2) and (3) of the Fair Work Act 2009 and involving dealing with an emergency or disaster as a member of a recognised emergency management body).
NAIDOC leave
First Nations employees are entitled to one day of paid leave per calendar year to participate in NAIDOC week activities. This leave can be taken in part days and is in addition to the compassionate and bereavement leave entitlements under the Enterprise Agreement.
First Nations ceremonial leave
First Nations employees may access up to six days of leave over two calendar years to participate in significant activities associated with their culture or to fulfil ceremonial obligations. This leave can be taken in part days and is in addition to the compassionate and bereavement leave entitlements under the Enterprise Agreement. Additional leave may be approved for ceremonial leave purposes, with or without pay, in the form of miscellaneous leave. Additional ceremonial leave is subject to approval by the Parliamentary Workplace Support Service (PWSS).
Cultural leave
Employees may be granted up to three days of paid leave per calendar year for the purposes of attending significant religious or cultural obligations associated with the employee’s particular faith of culture. This leave does not cover any leave that falls under the NAIDOC leave or First Nations ceremonial leave. This leave can be taken in part days and additional cultural leave may be approved, with or without pay, in the form of miscellaneous leave. Additional ceremonial leave is subject to approval by the PWSS.
Miscellaneous leave
Miscellaneous leave may be approved by an employing parliamentarian for the purposes and periods listed below.
| Reason for leave request | Reasonable period of absence |
|---|---|
| Moving house, including approved relocations between localities | 1 day |
| Attending the graduation ceremony for a course approved for studies assistance under the Enterprise Agreement | 1 day |
| Attending the funeral of family member or friend. (Note: this is in addition to 3 days’ bereavement leave in accordance with clause 49) | 1 day |
| Attending to duties and other arrangements relating to the death of a family member or friend, e.g. an executor of a will | 2 days |
| Flooding, bushfires or other natural disasters | up to 3 days |
| Workplace relations training where an employee is a delegate of an employee organisation | 5 days per year |
| Domestic and/or family violence (Contact PWSS to discuss any matters relating to applications for this leave.) |
As required |
Miscellaneous leave may also be granted for periods exceeding the reasonable periods of absence specified above or for other purposes with the approval of the PWSS. Please contact the PWSS to discuss these arrangements.
Apply for miscellaneous leave through PEMS.
Family and domestic violence leave
Paid family and domestic violence is available to all ongoing, non-ongoing and casual MOP(S) Act employees in accordance with provisions in the Enterprise Agreement and National Employment Standards (NES).
Casual employees may take up to ten days paid miscellaneous leave per year. This leave is not accruable.
Further information is available in the Family and Domestic Violence and Leave and Public Holidays Guideline.
Other leave
With the approval of their employing parliamentarian, MOP(S) Act employees can be granted leave at full pay without using their accrued leave entitlements for:
- Defence Force Service enlistment or training (including Reserves, but excluding Australian Army, Navy and Air Force Cadets)
- participation in major international sporting events as a competitor representing Australia or as an accredited official at an event such as the Olympic or Commonwealth Games
- courses of study approved under clause 65.3 of the Enterprise Agreement
- war service sick leave for returned service personnel for various medical or review purposes under the Veterans’ Entitlements Act 1986
- political exchange leave as a delegate on a Political Exchange Program.
Other leave can be applied for through PEMS under the miscellaneous leave category.