1 general conditions of employment - Department of Education and ...

4 LEAVE4.4 ENTITLEMENTS FOR SHORT TERM TEMPORARY AND CASUAL STAFFMEMBERS4.4.1 GENERALShort term temporary and casual staff members usually receive a rate of pay whichincorporates a loading in lieu of recreation leave.Short term temporary and casual staff members are entitled to long service leave inaccordance with the provisions of the Long Service Leave Act 1955.Short term temporary and casual staff members are not entitled to any other paid leave.Short term temporary or casual employees who access the following entitlements must bereengaged following the leave or absence.4.4.2 ADOPTION, MATERNITY AND PARENTAL LEAVE4.4.2.1 Under Chapter 2, Part 4 of the Industrial Relations Act 1996 a “regular casualemployee” is one who:“works for an employer on a regular and systematic basis and whohas a reasonable expectation of on going employment on thatbasis”.If a staff member has had 12 months of continuous service as a regular casualemployee they are entitled to 12 months of unpaid maternity, adoption or parentalleave.The definitions of a short term temporary staff member (up to 10 weeksemployment) or a casual staff member (usually limited to 2 – 4 weeksemployment) should mean that they are precluded from having 12 months ofcontinuous service as a regular casual employee. However, if a short termtemporary or casual staff member completes 12 months of service as a regularcasual employee they will be entitled to 12 months unpaid leave in accordancewith Chapter 2, Part 4 of the Industrial Relations Act 1996.4.4.2.2 In addition, where a short term temporary or casual staff member meets thedefinition of a regular casual employee, the Director-General must not fail toreengage the staff member because:a) the staff member or the staff member’s spouse is pregnant; orb) the staff member is or has been immediately absent on adoption, maternity orparental leave.4.4.3 PERSONAL CARERS ENTITLEMENTS4.4.3.1 DefinitionsThe definition of "family" and "relative" for these purposes is as follows:a) a spouse of the staff member; orb) a de facto spouse being a person of the opposite sex to the staff member wholives with the staff member as her husband or his wife on a bona fide domesticHandbook for non teaching staff in schools 2007 Page 4 - 22