Contact Us

Please contact us for further information:

advice@hradviceonline.com.au

1300 720 004

Testimonials

The best thing about working with HR Advice Online is the "advice" !

We've tried using the official government websites and what we find is "information" ... it is accurate information based on the current laws etc. but it is still just information.

 How to interpret the information and use if effectively to the scenario being faced is where the difficulty creeps in.

When using HR Advice Online, we get proper 'advice' from experienced, professional and friendly HR qualified staff that have a genuine interest in our success.  They assist us to get the best commercial outcome for our business within the guidelines of best practice HR.

- Jeff Cornock - Xtensive Technology Solutions

Blog

Recent news

Can an employee convert their paid or unpaid leave to carer's leave?

Can an employee who is on either paid or unpaid leave due to a Christmas shutdown use their accrued personal/carer's leave to care for a family member?

Christmas closedowns are common across many workplaces, during which time employees may be required to use their accrued annual leave or to take a period of unpaid leave where they have insufficient leave accrued. But what happens where an employee requests to take a period of paid carer’s leave during the close-down period to provide care for a family member who may be unwell or who is having surgery.

Can paid carer’s leave be taken during a period of Christmas closedown?
 

Carer’s leave during periods of paid annual leave

Under s89 of the Fair Work Act, if during any period of annual leave the employee is eligible for paid personal/carer’s leave (i.e. where the employee is required to provide care for an immediate family or household member during the period of annual leave) the employee is taken to be on paid carer’s leave rather than annual leave for each day that they are eligible and can provide evidence to support this.


The period of annual leave is not extended by any such absence. However, the employee is to be re-credited their annual leave for each day of eligible absence.
 

Carer’s leave during periods of unpaid leave

The general principle is that an employee is not entitled to claim paid personal/carer’s leave during a period of unpaid leave.

Where an employee is absent on unpaid leave it is implied the employee does not have any ordinary hours of work during that period, therefore they would not be entitled to paid carer’s leave as such leave is based on ordinary hours of work.

For assistance, please contact us at advice@hradviceonline.com.au or 1300 720 004.
 

Share this article
It is overdue for this module! Please purchase a license.
Trial Version, Powered By DNNSmart
Australia's Leading Online HR & Safety Advisory Service. 1300 720 004
Privacy Statement     Terms Of Use     Website Powered by XD     Design by The Schaefer Group     © HR Advice OnLine Pty Ltd