CTHIn ForceAct
Fair Work Act 2009
101Modern awards and enterprise agreements may include terms relating to cashing out paid personal/carer’s leave
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101 Modern awards and enterprise agreements may include terms relating to cashing out paid personal/carer’s leave
(1) A modern award or enterprise agreement may include terms providing for the cashing out of paid personal/carer’s leave by an employee.
(2) The terms must require that:
(a) paid personal/carer’s leave must not be cashed out if the cashing out would result in the employee’s remaining accrued entitlement to paid personal/carer’s leave being less than 15 days; and
(b) each cashing out of a particular amount of paid personal/carer’s leave must be by a separate agreement in writing between the employer and the employee; and
(c) the employee must be paid at least the full amount that would have been payable to the employee had the employee taken the leave that the employee has forgone.
Subdivision B—Unpaid carer’s leave
102 Entitlement to unpaid carer’s leave
An employee is entitled to 2 days of unpaid carer’s leave for each occasion (a permissible occasion) when a member of the employee’s immediate family, or a member of the employee’s household, requires care or support because of:
(a) a personal illness, or personal injury, affecting the member; or
(b) an unexpected emergency affecting the member.
103 Taking unpaid carer’s leave
(1) An employee may take unpaid carer’s leave for a particular permissible occasion if the leave is taken to provide care or support as referred to in section 102.
(2) An employee may take unpaid carer’s leave for a particular permissible occasion as:
(a) a single continuous period of up to 2 days; or
(b) any separate periods to which the employee and his or her employer agree.
(3) An employee cannot take unpaid carer’s leave during a particular period if the employee could instead take paid personal/carer’s leave.
Note: The notice and evidence requirements of section 107 must be complied with.
Subdivision C—Compassionate leave