sec.118Entitlement

### sec.118 Entitlement An employee is entitled to unpaid emergency service leave if— the employee engages in an activity (a voluntary emergency management activity ) that involves dealing with an emergency or natural disaster for a recognised emergency management entity; and the employee is a member of the recognised emergency management entity; and either— the body asked the employee to engage in the voluntary emergency management activity; or the body did not ask the employee to engage in the voluntary emergency management activity, but would have if the circumstances had allowed the request to be made. The employee is entitled to the period of emergency service leave that is reasonable in the circumstances for— the employee to travel to and from the voluntary emergency management activity; and the employee to engage in the voluntary emergency management activity; and the employee to rest immediately after engaging in the voluntary emergency management activity. If an employee intends to take, or is taking, emergency service leave, the employee must advise the employee’s employer as soon as possible in writing stating— that the employee is to take, or is taking, emergency service leave; and the likely duration of the leave. An employee who takes emergency service leave must give the employer sufficient evidence to satisfy a reasonable person that the employee took the emergency service leave because the employee was engaged in a voluntary emergency management activity. In this section— recognised emergency management entity means an entity that— has a role or function under a plan prepared by the Commonwealth or a State for coping with an emergency or natural disaster; or is or is part of a fire-fighting, civil defence or rescue entity; or is or is part of an entity that has a substantial purpose that involves— securing the safety of persons or animals in an emergency or natural disaster; or protecting property in an emergency or natural disaster; or responding to an emergency or natural disaster; or is not an entity that was established for a purpose to entitle an employee to take emergency service leave. (sec.118-ssec.1) An employee is entitled to unpaid emergency service leave if— the employee engages in an activity (a voluntary emergency management activity ) that involves dealing with an emergency or natural disaster for a recognised emergency management entity; and the employee is a member of the recognised emergency management entity; and either— the body asked the employee to engage in the voluntary emergency management activity; or the body did not ask the employee to engage in the voluntary emergency management activity, but would have if the circumstances had allowed the request to be made. (sec.118-ssec.2) The employee is entitled to the period of emergency service leave that is reasonable in the circumstances for— the employee to travel to and from the voluntary emergency management activity; and the employee to engage in the voluntary emergency management activity; and the employee to rest immediately after engaging in the voluntary emergency management activity. (sec.118-ssec.3) If an employee intends to take, or is taking, emergency service leave, the employee must advise the employee’s employer as soon as possible in writing stating— that the employee is to take, or is taking, emergency service leave; and the likely duration of the leave. (sec.118-ssec.4) An employee who takes emergency service leave must give the employer sufficient evidence to satisfy a reasonable person that the employee took the emergency service leave because the employee was engaged in a voluntary emergency management activity. (sec.118-ssec.5) In this section— recognised emergency management entity means an entity that— has a role or function under a plan prepared by the Commonwealth or a State for coping with an emergency or natural disaster; or is or is part of a fire-fighting, civil defence or rescue entity; or is or is part of an entity that has a substantial purpose that involves— securing the safety of persons or animals in an emergency or natural disaster; or protecting property in an emergency or natural disaster; or responding to an emergency or natural disaster; or is not an entity that was established for a purpose to entitle an employee to take emergency service leave. - (a) the employee engages in an activity (a voluntary emergency management activity ) that involves dealing with an emergency or natural disaster for a recognised emergency management entity; and - (b) the employee is a member of the recognised emergency management entity; and - (c) either— (i) the body asked the employee to engage in the voluntary emergency management activity; or (ii) the body did not ask the employee to engage in the voluntary emergency management activity, but would have if the circumstances had allowed the request to be made. - (i) the body asked the employee to engage in the voluntary emergency management activity; or - (ii) the body did not ask the employee to engage in the voluntary emergency management activity, but would have if the circumstances had allowed the request to be made. - (i) the body asked the employee to engage in the voluntary emergency management activity; or - (ii) the body did not ask the employee to engage in the voluntary emergency management activity, but would have if the circumstances had allowed the request to be made. - (a) the employee to travel to and from the voluntary emergency management activity; and - (b) the employee to engage in the voluntary emergency management activity; and - (c) the employee to rest immediately after engaging in the voluntary emergency management activity. - (a) that the employee is to take, or is taking, emergency service leave; and - (b) the likely duration of the leave. - (a) has a role or function under a plan prepared by the Commonwealth or a State for coping with an emergency or natural disaster; or - (b) is or is part of a fire-fighting, civil defence or rescue entity; or - (c) is or is part of an entity that has a substantial purpose that involves— (i) securing the safety of persons or animals in an emergency or natural disaster; or (ii) protecting property in an emergency or natural disaster; or (iii) responding to an emergency or natural disaster; or - (i) securing the safety of persons or animals in an emergency or natural disaster; or - (ii) protecting property in an emergency or natural disaster; or - (iii) responding to an emergency or natural disaster; or - (d) is not an entity that was established for a purpose to entitle an employee to take emergency service leave. - (i) securing the safety of persons or animals in an emergency or natural disaster; or - (ii) protecting property in an emergency or natural disaster; or - (iii) responding to an emergency or natural disaster; or