Section 6 - Leave

Updated: 6 May 2024

Application and approval

  1. The approval of leave, other than personal leave, compassionate leave, bereavement leave, parental leave, defence service sick leave, or leave for the purposes of family and domestic violence support, is required prior to the commencement of the leave and is subject to operational requirements.
  2. The approval for personal leave, compassionate leave, bereavement leave, parental leave, emergency response leave, defence service sick leave, or leave for the purposes of family and domestic violence support is required, wherever reasonably possible, prior to the commencement of the leave or as soon as practicable thereafter.

Cancelled leave or recall to duty

  1. If it is necessary for operational reasons, the Electoral Commissioner may cancel a period of approved leave or recall an employee to duty from leave (except for periods of leave outlined in clause 242), and there will be no reduction in the employee’s leave credits in relation to the cancelled or recalled period.
  2. Where an employee’s leave is cancelled without reasonable notice, or an employee is recalled to duty from leave, the employee will be entitled to be reimbursed reasonable travel costs, travelling time, incidental expenses and any other unavoidable costs arising from the cancellation or recall to duty where those costs are otherwise not recoverable under the employee’s insurance policy or from any other source. Evidence of these costs may be requested by the Electoral Commissioner to support the request.

Absences not counting for service

  1. Unless otherwise approved by the Electoral Commissioner, any periods of absence due to either approved miscellaneous leave without pay or an unauthorised absence that does not count for service, which in any combination totals 30 calendar days in a calendar year, do not count for service for the accrual of annual leave or personal leave, except as required by legislation.

Annual leave

Entitlement

  1. Employees, other than casual employees, are entitled to 4 weeks (20 days) paid annual leave, pro-rata for part-time employees, for each full year of service. Permanent shiftworkers may receive additional leave as set out in clauses 187 to 189.
  2. Annual leave is cumulative and counts for service.
  3. Annual leave may be taken at half pay. However, unless approved by the Electoral Commissioner, it may not be taken at half pay where the employee has excess annual leave (clauses 254 to 256 ).
  4. Employees on worker’s compensation leave will accrue annual leave in accordance with the relevant legislation.
  5. Employees will receive payment in lieu of any unused annual leave upon separation from the APS.
  6. Subject to prior approval by the Electoral Commissioner, an employee may return to work from a period of approved annual leave before the nominated return date and have the unused portion of their annual leave re-credited.

Annual leave cash out

  1. The Electoral Commissioner and an employee may agree in writing to cash out the employee’s annual leave, provided the employee has:
    1. taken at least 3 weeks of annual leave in the preceding 12 months;
    2. not cashed out any annual leave in the preceding 12 months; and
    3. retains at least 4 weeks of annual leave, after the cash out.
  2. The employee will be paid the full amount that would have been paid, including allowances, had the employee taken the entitlement as leave.

Excess annual leave

  1. In exceptional circumstances only, the Electoral Commissioner may approve an employee accumulating more than 8 weeks of annual leave (excess annual leave).
  2. Subject to clause 254 and the provision of reasonable notice, the Electoral Commissioner may direct an employee with excess annual leave to take up to one quarter of their annual leave held at the time of the direction.
  3. An employee who has excess annual leave as a result of having an accepted worker’s compensation claims, and who has commenced a graduated return to work plan, will not be directed to take annual leave in accordance with clause 255 until at least 3 months after returning to their pre-injury hours of work.

Purchased leave

  1. Subject to approval by the Electoral Commissioner, ongoing employees may purchase between 1 and 4 weeks of leave each year.
  2. Purchased leave will be credited to the employee on its purchase and must be taken within 12 months from the date the leave was credited to the employee (Purchased Leave Period).
  3. Employees with excess annual leave are not eligible to purchase leave.
  4. Salary payments will be averaged over the Purchased Leave Period to ensure that a standard rate is received each fortnight once a purchase is made.
  5. The employee's salary for superannuation purposes is their salary as if they had not purchased leave.
  6. Purchased leave counts as service for all purposes.
  7. Purchased leave not taken during the Purchased Leave Period will automatically be reimbursed as salary on the first available pay day after the Purchased Leave Period ends.

Personal/carer’s leave

Entitlement

  1. Employees, other than casual employees, are entitled to 18 days, (pro-rata for part-time employees), paid personal/carer’s leave per year of service, accruing daily and credited at the completion of each pay period.
  2. Personal/carer’s leave is cumulative and counts for service but cannot be converted to salary or cashed out under any circumstances.
  3. Personal/carer’s leave may be approved at half pay by the Electoral Commissioner.
  4. A casual employee may be absent without pay when not fit for work due to personal illness or injury.
  5. Subject to the provision of acceptable evidence (clause 277 ), employees are entitled to 2 days unpaid carer’s leave (clause 273.4 ) per occasion, consistent with the NES.
  6. Subject to clause 268, full-time and part-time employees may only access unpaid carer’s leave when they have exhausted any paid personal/carer’s leave.
  7. An employee who is retired on the grounds of medical invalidity and is subsequently re-engaged as a result of action taken under section 75 of the Superannuation Act 1976, is entitled to be credited with personal leave equal to the amount they were in credit at the time of retirement.

Accrual on commencement

  1. An ongoing employee will be credited with 18 days of personal/carer’s leave (pro-rata for part-time employees) upon their commencement with the APS. After 12 months, the employee’s leave will accrue in accordance with clause 264 .
  2. A non-ongoing employee will be credited with 18 days of personal/carer’s leave (pro-rata for part-time employees) upon their commencement with the AEC. This amount will be pro-rated based on the employee’s initial contract period, and is capped at 18 days. After the initial contract period or 12 month, whichever is shorter, or where the employee has an existing entitlements to personal/carer’s leave, leave will accrue in accordance with clause 264.

Usage

  1. An employee may take personal/carer’s leave for the following reasons:
    1. due to personal illness or injury;
    2. to attend appointments with a registered health practitioner;
    3. to manage a chronic condition; and/or
    4. to provide care or support for a family member (including a household member) or a person they have caring responsibilities for; because:
      1. of a personal illness or injury affecting the person; or
      2. of an unexpected emergency affecting the other person.

Carers

  1. A person that an employee has caring responsibilities for may include a person who needs care because they:
    1. have a medical condition, including when they are in hospital;
    2. have a mental illness;
    3. have a disability;
    4. are frail or aged; and/or
    5. are a child, not limited to a child of the employee.
  2. Provided an employee maintains the minimum annual entitlement of 10 working days (pro-rata for part-time employees) personal leave in accordance with the FW Act, paid personal leave may also be accessed by an employee when they are absent because:
    1. the death of a family member (including a household member); or
    2. an emergency in exceptional circumstances.

Evidence

  1. Evidence may be requested after:
    1. more than 5 consecutive days; or
    2. more than 8 days without evidence in a calendar year.
  2. Acceptable evidence includes:
    1. a certificate from a registered health practitioner;
    2. a statutory declaration; or
    3. another form of evidence approved by the Electoral Commissioner.
  3. A certificate from a registered health practitioner may be used as evidence of a chronic condition for up to 12 months for both personal and carer’s leave.
  4. An employee who presents a certificate from a registered health practitioner as evidence in support of their application for personal leave, in respect of clause 273.1, is required to be absent from the workplace until the conclusion of the period stated on the certificate. Subject to approval, an employee may return to the workplace at an earlier date if they present a subsequent certificate which declares that they are fit to return to the workplace, with or without restrictions on their capacity to undertake work.
  5. A statutory declaration made by an employee in respect of clauses 273.1 and 273.4 must include:
    1. a statement to the effect that the employee has been, is, or will be, unfit for work during the period because of a personal illness or injury; or
    2. a statement to the effect that the employee is required to be absent for caring purposes.

Portability of leave

  1. Where an employee moves into the AEC from another APS agency where they were an ongoing employee, the employee’s unused accrued annual leave and personal/carer’s leave will be transferred, provided there is no break in continuity of service.
  2. Where an employee is engaged in the AEC immediately following a period of ongoing employment in the Parliamentary Service or the ACT Government Service, the employee’s unused accrued annual leave and personal/carer’s leave will be recognised unless the employee received payment in lieu of those entitlements on cessation of employment.
  3. Where an employee is engaged as an ongoing employee in the AEC, and immediately prior to the engagement the person was employed as a non-ongoing APS employee (whether in the AEC or another), at the employee’s request, any unused accrued annual leave (excluding accrued leave paid out on separation) and personal/carer’s leave will be recognised.
  4. Where an employee is engaged as a non-ongoing APS employee, and immediately prior to the engagement the person was employed as a non-ongoing APS employee (whether in the AEC or another) at the employee’s request, any unused accrued annual leave (excluding accrued leave paid out on termination of employment) and personal/carer’s leave will be recognised.
  5. Where an employee is engaged as an ongoing employee in the AEC, and immediately prior to the engagement the person was employed by a Commonwealth employer (other than in the Parliamentary Services which are covered in clause 282), the Electoral Commissioner will recognise any unused accrued personal/carer’s leave at the employee’s request. The Electoral Commssioner will advise the employee of their ability to make this request.
  6. Where an employee is engaged as an ongoing employee in the AEC, and immediately prior to the engagement the person was employed by a State or Territory Government, the Electoral Commissioner may recognise any unused accrued personal/carer’s leave, provided there is not a break in continuity of service.
  7. For the purposes of clauses 281 to 286 , an employee with a break in service of less than 2 months is considered to have continuity of service.

Re-crediting of leave

  1. When an employee is on:
    1. annual leave;
    2. purchased leave;
    3. defence reservist leave;
    4. First Nations ceremonial leave;
    5. NAIDOC leave;
    6. cultural leave; or
    7. long service leave; and
    becomes eligible for, under legislation or this agreement:
    1. personal/carer’s leave;
    2. compassionate or bereavement leave;
    3. jury duty;
    4. emergency services leave;
    5. leave to attend to family and domestic violence circumstances; or
    6. parental leave, premature birth leave, stillbirth leave or pregnancy loss leave;
    the affected period of leave will be re-credited.
  2. When an employee is on personal/carer’s leave and becomes eligible for parental leave, premature birth leave, stillbirth leave or pregnancy loss leave, the affected period of leave will be re-credited.
  3. Re-crediting is subject to appropriate evidence of eligibility for the substituted leave.

Long service leave

  1. An employee is eligible for long service leave in accordance with the Long Service Leave (Commonwealth Employees) Act 1976.
  2. The minimum period for which long service leave will be granted is 7 calendar days (whether taken at full or half pay). Long service leave cannot be broken with other periods of leave, except as otherwise provided by legislation or provided for in clause 288.

Miscellaneous leave

  1. The Electoral Commissioner may grant an employee miscellaneous leave at full or half pay or without pay, having regard to the employee’s personal circumstances and AEC’s operational requirements.
  2. Miscellaneous leave without pay may or may not count as service for any purpose, as determined on a case-by-case basis by the Electoral Commissioner.
  3. Where an employee is on annual leave or purchased leave and is granted miscellaneous leave with pay for compassionate or bereavement leave purposes, community service, or a reason associated with personal leave, their annual leave or purchased leave will be re-credited with the amount of miscellaneous leave with pay granted.
  4. The Electoral Commissioner may require the provision of evidence to support an application for miscellaneous leave.
  5. Casual employees may be provided with paid miscellaneous leave for the purposes of family and domestic violence support and otherwise by Government directive.

Cultural, ceremonial and NAIDOC leave

NAIDOC leave

  1. First Nations employees may access up to one day of paid leave per calendar year to participate in NAIDOC week activities.
  2. NAIDOC leave can be taken in part days.

First Nations ceremonial leave

  1. First Nations employees may access up to 6 days of paid leave over 2 calendar years to participate in significant activities associated with their culture or to fulfil ceremonial obligations.
  2. The Electoral Commission may approve additional leave for cultural or ceremonial purposes as miscellaneous leave, with or without pay.
  3. First Nations ceremonial Leave can be taken as part days.
  4. First Nations ceremonial leave is in addition to compassionate and bereavement leave.

Cultural leave

  1. The Electoral Commission may grant up to 3 days of paid leave per calendar year for the purpose of attending significant religious or cultural obligations associated with the employees’ particular faith or culture.
  2. The Electoral Commission may approve additional leave for cultural purposes as miscellaneous leave, with or without pay.
  3. Cultural leave can be taken as part days.
  4. For the avoidance of doubt, this leave does not cover cultural purposes or obligations which are eligible for paid leave under clauses 300 to 303.

Parental leave

  1. A primary caregiver, secondary caregiver and ML Act is defined in the definitions section.
  2. An employee who is a primary caregiver or secondary caregiver is entitled to parental leave up until 24 months from the date of the child’s birth or placement(parental leave period). For the avoidance of doubt, this is inclusive of all legislated leave entitlements. The parental leave period does not extend non-ongoing employment where the employment period remaining is less than 24 months. An employee is only eligible for parental leave with pay as either a primary caregiver or a secondary caregiver for the particular parental leave period, and cannot switch roles for the purpose of accessing additional paid leave.
  3. For the pregnant employee, the parental leave period starts on commencement of maternity leave as per ML Act requirements, and ceases 24 months from the date of birth. Medical certification requirements for the pregnant employee will be as required by the ML Act.
  4. Conditions in this agreement will continue to apply in circumstances where successor legislation to the ML Act does not provide parental leave conditions included in this agreement.

Payment during parental leave

  1. An employee is entitled to parental leave with pay as per clauses 314 and 315 within the parental leave period. Any further parental leave during the parental leave period is without pay. Unused paid parental leave remaining at the end of the employee’s parental leave period will lapse. An employee may choose to use their accrued paid leave entitlements in accordance with usage and eligibility requirements in this agreement during the parental leave period that would otherwise be without pay.
  2. Employees newly engaged in the AEC or who have moved to the AEC from another APS agency are eligible for the paid parental leave in clauses 314 and 315 where such paid leave had not already been provided by another APS agency or Commonwealth employer in the 24 months since the child’s date of birth or placement. If the paid leave used by the employee with the previous Commonwealth employer or APS agency is less than the limits specified in clauses 314 and 315, the balance is available to the employee.
  3. An employee who is a primary caregiver is entitled to parental leave with pay during the parental leave period to a maximum of 18 weeks as provided in Table 6 below.

Table 6: Primary caregivers - circumstances for paid parental leave

Paid leave entitlement under the ML Act

Additional parental leave with pay under this agreement for the primary caregiver

12 weeks’ paid maternity leave, including any reduced paid maternity leave period due to ML Act qualifying period rules

Paid leave to bring the total period of paid parental leave to 18 weeks

No ML Act eligibility or coverage

18 weeks
  1. An employee who is a secondary caregiver is entitled to parental leave with pay during the parental leave period as provided in Table 7 below.

Table 7: Secondary caregivers - circumstances for paid parental leave

Period which coincides with the parental leave period for the secondary caregiver

Parental Leave with pay under this agreement

Date of commencement of this agreement to 28 February 2025

8 weeks, or top up to 8 weeks where a lesser period of parental leave has already been provided

1 March 2025 to 28 February 2026

11 weeks, or top up to 11 weeks where a lesser period of parental leave has already been provided

1 March 2026 to 27 February 2027

14 weeks, or top up to 14 weeks where a lesser period of parental leave has already been provided

On and from 28 February 2027

18 weeks, or top up to 18 weeks where a lesser period of parental leave has already been provided
  1. Flexibility: Parental leave with pay, whether provided as maternity leave under the ML Act or under this agreement, can be accessed flexibly during the parental leave period and does not have to be taken in a single block. For the avoidance of doubt, parental leave can be used to replicate a part-time work arrangement, and can be taken concurrently with another parent in relation to the same child.
  2. Rate of payment during paid parental leave is the same as for an absence on personal/carer’s leave and based on the employee’s weekly hours at the time of the absence.
  3. Half-pay option: The payment of any paid parental leave may be spread over a maximum period of 36 weeks at the rate of, no less than, half the normal rate of salary. All paid parental leave counts as service for all purposes, where permitted by legislation.

Adoption and long-term foster care

  1. An employee who is a primary caregiver or secondary caregiver is entitled to parental leave in accordance with this agreement for adoption or long-term foster care, provided that the child:
    1. is under 16 as at the day (or expected day) of placement;
    2. has not lived continuously with the employee for a period of 6 months or more as at the day (or expected day) of placement; and
    3. is not (otherwise than because of the adoption) a child of the employee or the employee’s spouse or de facto partner.
  2. Leave taken for the purpose of adoption or long-term foster care is available from one month prior to the date of placement of a child who has not previously lived with the employee for a continuous period of 6 months or more.
  3. Documentary evidence of approval for adoption or enduring parental responsibilities under formal fostering arrangements must be submitted when applying for parental leave for adoption or long-term foster carer purposes.

Stillbirth

  1. Parents of a stillborn child remain eligible for parental leave, except for paid leave for the secondary caregiver which is 2 weeks.
  2. A stillborn child is a child:
    1. who weighs at least 400g at delivery or whose period of gestation was 20 weeks or more; and
    2. who has not breathed since delivery; and
    3. whose heart has not beaten since delivery.

Pregnancy loss leave

  1. A pregnant employee who experiences, or an employee whose spouse or partner experiences, pregnancy loss is entitled to one weeks’ paid leave. Pregnancy loss is a miscarriage or other loss of pregnancy that occurs between 12 and 20 weeks’ gestation that is not a stillbirth.
  2. Pregnancy loss leave is in addition to entitlements to compassionate leave for miscarriage provided under the FW Act and this agreement.

Premature birth leave

  1. In circumstances of a live birth before 37 weeks’ gestation a pregnant employee, or an employee whose spouse or partner has given birth prematurely, is entitled to paid premature birth leave from the date of the child’s birth up to just before 37 weeks’ gestation. Parental leave with pay is then available from what would have been 37 weeks’ gestation in accordance with Parental leave in this agreement, noting the parental leave period commences on the child’s date of birth.

Transitional provisions

  1. Employees eligible for paid leave under the ML Act are required under legislation to use their paid maternity leave first. In this circumstance, the employee may postpone their paid premature birth leave otherwise payable under clause 326 until after the legislated paid maternity leave is used.

Compassionate leave

  1. Employees will be eligible for 3 days paid compassionate leave on each occasion when:
    1. a member of their family (including a member of their household) or someone they have a close personal relationship with contracts, develops or sustains a life-threatening illness or injury; or
    2. the employee or their partner has a miscarriage.
  2. An employee may be asked to provide evidence to support their absences on compassionate leave.
  3. Compassionate leave for an occasion may be taken as 3 consecutive days or in separate periods totalling 3 days. This can include part days.
  4. Employees may also access personal leave for the purpose of compassionate leave in accordance with clause 275.
  5. For casual employees, compassionate leave is unpaid.

Bereavement leave

  1. Employees will be eligible for 3 days paid bereavement leave on each occasion when:
    1. a member of their family (including a member of their household) or someone they had a close personal relationship with dies; or
    2. a child is stillborn, where the child was a member of their family (including a member of their household).
  2. An employee may be asked to provide evidence to support their absences on bereavement leave.
  3. Bereavement leave for an occasion may be taken as 3 consecutive days or in separate periods totalling 3 days. This can include part days.
  4. Employees may also access personal leave for the purpose of bereavement leave in accordance with clause 275.
  5. For casual employees, bereavement leave is unpaid.

Emergency response leave

  1. In line with section 108 of the FW Act, an employee who engages in an eligible community service activity is entitled to emergency response leave to volunteer for emergency management duties for:
    1. the time engaged in the activity;
    2. reasonable travelling time; and
    3. reasonable recovery time.
  2. Full-time and part-time employees will be able to access 20 working days of paid emergency response leave at their full rate of pay per year if required. The Electoral Commissioner may provide additional emergency response leave with pay.
    1. For the purposes of this clause, full rate of pay is to be as if the employee was at work.
  3. Paid leave may be refused where the employee’s role is essential to the AEC’s response to the emergency.
  4. An employee must provide evidence that the organisation requests their services. Employees can provide evidence before or as soon as practical after their emergency service activity.
  5. The Electoral Commissioner may approve reasonable paid or unpaid leave for ceremonial duties and training.
  6. Emergency response leave, with or without pay, will count as service.

Jury duty

  1. Employees who are required by a court to attend either for jury selection, or to act as a juror, will be released from duty for the required period, without the need to apply for leave.
  2. Full and part-time employees will be released from duty on their full rate of pay. Payment for casuals will be as per the relevant state legislation.
    1. For the purposes of this clause, full rate of pay is to be as if the employee was at work.
  3. The employee is required to inform their manager before they are released from duty and provide evidence of the need to attend.
  4. If the employee receives a payment from the court for attendance (which are not expense related such as allowances and reimbursements), they must repay that amount to the AEC for the period of absence. This will be administered in accordance with the overpayments clause.

Defence reservist leave

  1. The Electoral Commissioner will give an employee leave with or without pay to undertake:
    1. Australian Defence Force (ADF) Reserve and continuous full-time service (CFTS); and
    2. Australian Defence Force Cadet obligations.
  2. An employee who is a Defence Reservist can take leave with pay for:
    1. up to 4 weeks (20 days) in each financial year (pro-rata for part-time employees); and
    2. an extra 2 weeks (10 days) in the first year of ADF Reserve service (pro-rata for part-time employees).
  3. Leave can be built up and taken over 2 consecutive years. This includes the extra 2 weeks in the first year of service.
  4. An employee who is an Australian Defence Force Cadet officer or instructor can get paid leave up to 3 weeks in each financial year to perform their duties. Australian Defence Force Cadets means:
    1. Australian Navy Cadets;
    2. Australian Army Cadets; and

Australian Air Force Cadets.

  1. In addition to the entitlement at clause 349, paid leave may be granted to an employee to attend an interview or medical examination in connection with the enlistment of the employee in a Reserve Force of the Defence Force.
  2. Paid defence reservist leave counts for service.
  3. Unpaid defence reservist leave for 6 months or less counts as service for all purposes. This includes periods of CFTS.
  4. Unpaid leave taken over 6 months counts as service, except for annual leave.
  5. An employee will not need to pay their tax free ADF Reserve salary to their agency for any reason.

Defence service sick leave

  1. An employee is eligible for defence service sick leave credits when the Department of Veterans Affairs (DVA) has certified that an employee’s medical condition is as a result of either:
    1. warlike service; or
    2. non-warlike service.
  2. An eligible employee can get 2 types of credits:
    1. an initial credit of 9 weeks (45 days) defence service sick leave will apply as of the later below option:
      1. they start employment with the APS; or
      2. DVA certifies the condition; and
    2. an annual credit of 3 weeks (15 days) defence service sick leave.
  3. An employee can use their defence service sick leave when a recognised medical practitioner provides a certificate that says they were away due to their DVA certified medical condition.
  4. Unused annual credits can be built up to 9 weeks.
  5. An employee cannot use annual credits until the initial credit is exhausted.
  6. Defence service sick leave is paid and counts as service for all purposes.

Leave to attend proceedings

  1. An employee giving evidence before a Court, Tribunal or Royal Commission on behalf of the Commonwealth or a Commonwealth party in the course of their duties, will be considered on duty.
  2. An employee who is not covered under clause 363, and is required to give evidence to, appear before or attend to instruct a representative at a Court, Tribunal or Royal Commission in relation to their duties will be released from duty without loss of pay. This includes in proceedings relating to a dispute between the employee and the AEC.
  3. An employee may otherwise be granted paid or unpaid miscellaneous leave by the Electoral Commissioner if required to give evidence to a Court, Tribunal or Royal Commission for any other reason. Where approval for unpaid leave is given, the employee may elect to use accrued annual leave, flex leave or time off in lieu.
  4. The Electoral Commissioner may refuse to release an employee from duty having regard to business requirements and whether the employee’s attendance is necessary for the Court, Tribunal or Royal Commission hearing.

Unauthorised absence

  1. Where an employee is absent from work without approval, all salary and entitlements (including leave accrual) provided under this agreement will cease to be available until the employee resumes work or is approved to take leave for the period of the absence.