Hort Leave Policy

Leave Policy

Purpose
1. This policy serves to set out certain leave entitlements for Horticulture Innovation Australia Limited (Hort Innovation) employees.
Scope
1. This policy applies to all Hort Innovation employees, although as outlined below, some sections do not apply to employees engaged on a casual or fixed-term basis.
2. This policy covers the following leave types:
3. The Hort Innovation Leave Policy takes into account statutory leave entitlements set out in the National Employment Standards of the Fair Work Act 2009 (Cth) (‘Fair Work Act’) and the various State Long Service Leave Acts.
Accountabilities and Responsibilities
1. Employee’s immediate manager: Has responsibility for approval of leave within policy. [DOA ref 222]
2. General Managers: Have responsibility for approval of leave outside of policy. [DOA ref 223]
3. General Manager People and Culture: Has responsibility for ensuring leave entitlements meet all statutory requirements.
4. Head of Governance and Risk: Has accountability for ensuring this policy is reviewed and approved as required.
Procedures

Applying for leave

A leave application must be completed for all types of leave covered by this policy in accordance with the following:
1. Applications for Annual, Long Service, Study and Examination Leave, and Special Unpaid Leave must be completed and approved prior to leave being taken.

Applications for Extended Sick Leave should be submitted in writing with supporting medical evidence to the People and Culture contact via the employee's manager.
For other leave, where it has not been possible to complete an application prior to the commencement of the leave, a Leave Application must be completed immediately on return to work.
Requests to credit Annual Leave and replace with Personal Leave should be made in writing to the People and Culture contact and must be supported by medical evidence.
With the exception of Extended Sick Leave, all leave applications must be made through Definitiv.
Managers are responsible for ensuring that leave requests are dealt with in accordance with this policy. Managers should refer all leave requests outside of this policy to the People and Culture contact.

Compliance
1. Failure to act in accordance with this policy can result in disciplinary action, up to and including termination of employment for just cause.
Review
1. This operational policy is required to be approved by the CEO and noted by the People and Performance Committee (PPC).
2. It will be reviewed biennially and updated as necessary.
3. Hort Innovation reserves the right to change this policy at its discretion from time to time.
4. This policy is not intended to create any contractually binding obligation on Hort Innovation and is not incorporated into any contract of employment.
Contact Information
1. For any questions about the content of this policy, please contact the People & Culture team.
Glossary
1. Annual Leave: Full-time employees are entitled to four weeks (20 business days) paid Annual Leave for each year of service with Hort Innovation. Annual Leave accrues progressively during a year of service according to the employee's ordinary hours of work and accumulates from year to year.
2. Community Leave: Where an employee (other than a casual employee) is required to attend for Jury Duty, Hort Innovation will make up the difference between any Jury Duty payment the employee receives and their salary and other entitlements. Payments for Jury Duty will be capped at 10 days' salary in accordance with the Fair Work Act.
3. Compassionate Leave: Managers may grant full-time and part-time employees paid Compassionate Leave of up to five days upon the serious/terminal illness or death of an immediate family member or member of the employee’s household. This extended Compassionate Leave is at the discretion of the manager.
4. Extended Sick Leave: Extended Sick Leave (unpaid) may be granted to an employee who is suffering from a long-term, serious illness or injury and is unable to work. The decision to extend long-term sick leave rests with the employee’s manager and the People and Culture contact.
5. Family and Domestic Violence Leave: Hort Innovation is committed to supporting all employees who are experiencing family and domestic violence. Employees who are experiencing family and domestic violence are encouraged to approach their manager or People and Culture contact to discuss the range of workplace support measures and leave that are available.
6. Long Service Leave: Hort Innovation employees are entitled to Long Service Leave in accordance with the statutory provisions for the State in which they work. Long Service Leave entitlements may be taken at any

time they fall due subject to agreement between the employee and their manager.

Parental Leave: This policy sets out the obligations of both Hort Innovation and its employees with regard to parental leave. It is Hort Innovation's policy to support employees to balance work and family commitments.
Personal/Carer's Leave: Employees may apply for the relevant period of Annual Leave to be replaced by Personal/Carer's Leave if they become sick or suffer an injury during a period of Annual Leave. Supporting medical evidence is required.
Special Unpaid Leave: Applications for Special Unpaid Leave must be completed and approved prior to leave being taken.
Study and Examination Leave: Applications for Study and Examination Leave must be completed and approved prior to leave being taken.

Document control

Review cycle

Policy type

Committee

Changes

Responsibility

Approved by CEO

Noted by PPC

Document Classification

Biennial (every 2 yrs) Choose an item.

Operations - approved by CEO

Choose an item.

PPC

Choose an item.

Updated to include:

Paid Family Leave
Domestic Violence Leave

People and Culture tam

19/04/2023

23/03/2023

Internal

Choose an item.

Updated to:

remove the option for purchased leave
update references to the payroll services provider

21/10/2024

28/10/2024

from ESS to Definitiv

update paid parental leave from 18 weeks to 20
Incorporate new standard policy template

2.2.1. Annual Leave

Full-time employees are entitled to four weeks (20 business days) paid Annual Leave for each year of service with Hort Innovation.
Annual Leave accrues progressively during a year of service according to the employee's ordinary hours of work, and accumulates from year to year.
1. Part-time employees accrue paid Annual Leave on a pro rata basis.
  1. Compensation for casual employees includes a component for Annual Leave and therefore casual employees are not entitled to paid Annual Leave.
  2. Employees may be directed to take Annual Leave when Hort Innovation shuts down for a period of time, including the Christmas shutdown period between the Christmas and New Year public holidays.
    1. One day of additional ex-gratia leave, known as a ‘Hort Innovation Day’, will be granted to all permanent full-time and part-time employees during the Christmas shutdown period.
    2. Employees are not entitled to accrue the Hort Innovation Day leave.
      1. Should an employee become sick or suffer an injury during a period of Annual Leave, the employee may apply for the relevant period of Annual Leave to be replaced by Personal/Carer's Leave. Supporting medical evidence is required.
      2. Employees should take Annual Leave within twelve months of the date the leave accrues whenever possible.
      3. Accrued Annual Leave should not exceed thirty days and Hort Innovation may direct you to take any excess annual leave as permitted under any applicable modern award or the Fair Work Act.
        The Fair Work Act allows an award-free employee who has more than four weeks accrued but untaken Annual Leave to request that all or some of his/her accrued Annual Leave in excess of four weeks be paid out in cash.
        For an employee covered by a modern award, they may cash out their annual leave in accordance with the terms of the applicable award.
        Requests to cash out accrued Annual Leave should be made to the People and Culture contact.

Community Leave

Where an employee (other than a casual employee) is required to attend for Jury Duty, Hort Innovation will make up the difference between any Jury Duty payment the employee receives and their salary and other entitlements.
Payments for Jury Duty will be capped at 10 days' salary in accordance with the Fair Work Act, subject to the requirements of any applicable modern award.
Hort Innovation will also allow an employee who engages in a voluntary emergency management activity in accordance with the Fair Work Act to be absent from their employment on unpaid leave in connection with that activity if the absence is reasonable in the circumstances.
1. A voluntary emergency management activity includes an activity that involves dealing with an emergency or natural disaster if the employee is a member, or has a member-like association, with a recognised emergency management body and that body requests or would be likely to request the employee to engage in that activity.

2.2.3. Compassionate Leave

Managers may grant full-time and part-time employees paid Compassionate Leave of up to five days upon the serious/terminal illness or death of an immediate family member or member of the employee’s household.
This extended Compassionate Leave (which is more than the entitlement under the Fair Work Act) is at the discretion of the manager, and is inclusive of the entitlement for full-time and part-time employees to two days paid Compassionate Leave, per occasion, under the Fair Work Act.
1. Managers may grant casual employees unpaid Compassionate Leave of up to five days upon the serious/terminal illness or death of an immediate family member or member of the employee's household.
  1. This is at the discretion of the employee's manager, and is inclusive of the entitlement for casual employees to unpaid Compassionate Leave under the Fair Work Act.

2.2.4 Extended Sick Leave

Extended Sick Leave (unpaid) may be granted to an employee who is suffering from a long term, serious illness or injury and is unable to work.
The decision to extend long term sick leave rests with the employee’s manager and the People and Culture contact.
1. Extended Sick Leave may only be granted when normal Personal/Carer's Leave and all other leave entitlements have been exhausted.
  1. Hort Innovation provides salary continuance insurance for permanent employees in accordance with their contracts of employment.
    1. If an employee is incapacitated for a period in excess of 90 days they may lodge a claim for salary continuance.
    2. All claims are subject to acceptance by the insurers. The insurance is currently intended to provide cover at a rate of 75% of the employee’s monthly base salary (plus a 11.5% employer superannuation benefit) paid after a 90 day wait period until they return to work or reach age 65.
      1. This policy does not guarantee your access to the salary continuance insurance scheme.
      2. Employees will be required to demonstrate the requisite evidence and meet the eligibility criteria.
      3. Please contact a People and Culture contact for further information.

2.2.5 Family and Domestic Violence Leave

Hort Innovation is committed to supporting all employees who are experiencing family and domestic violence.
Employees who are experiencing family and domestic violence are encouraged to approach their manager or People and Culture contact to discuss the range of workplace support measures and leave that are available as set out in this policy.
1. Family and Domestic Violence means violent, threatening or other abusive behaviour by a family member of an employee that seeks to coerce or control the employee and that causes them harm or to be fearful.
2. Family Member means:
  1. a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee;
  2. a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee; or
  3. a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules.
  4. A reference to a spouse or de facto partner includes a former spouse or de facto partner and includes same sex relationships.
    1. Hort Innovation will work with employees experiencing family and domestic violence to provide necessary workplace support. The primary areas in which support can be provided are as set out below.
      1. Employees experiencing family and domestic violence may request workplace adjustments to assist in their circumstances.
      2. Such adjustments can include changing telephone numbers, email addresses, or intranet contact details. Hort Innovation will accommodate such requests, subject to business and operational requirements.
      3. Employees experiencing family and domestic violence may request flexible work arrangements to assist in their circumstances.
        Examples of flexible work arrangements include changes in hours of work, pattern of work, and/or location of work.
        Hort Innovation will accommodate such requests, subject to business and operational requirements. Employees may be required to provide evidence of their circumstances to support an application for flexible work arrangements.
        Employees experiencing family and domestic violence can access free and confidential external counselling through the Employee Assistance Program (EAP) by calling Converge International on 1300 687

Entitlement to Leave

All employees are entitled to 10 days’ paid leave to deal with family and domestic violence as follows:
the leave is available in full at the start of each 12-month period of the employee’s employment; and
the leave does not accumulate from year to year.
1. A period of leave to deal with Family and Domestic Violence may be less than a day by agreement between the employee and their manager.

Taking Leave

An employee may take paid leave to deal with family and domestic violence if the employee:
is experiencing family and domestic violence; and
1. needs to do something to deal with the impact of the family and domestic violence and it is impractical for the employee to do that thing outside their ordinary hours of work.
  1. While not intended to be an exhaustive list, the reasons why an employee may take leave include:
  2. attending medical appointments or counselling;
  3. making arrangements for their safety or the safety of a family member;

arranging new or emergency accommodation;
attending legal appointments and court hearings; or
accessing police services.

Services and Continuity

The time an employee is on paid leave to deal with Family and Domestic Violence does not count as service but does not break the employee’s continuity of service.

Notice and Evidence Requirements

An employee must give Hort Innovation notice of the taking of leave, including by:
giving that notice as soon as practicable (which may be a time after the leave has started); and
advising of the period, or expected period, of the leave.
1. If required by Hort Innovation, an employee must provide evidence that would satisfy a reasonable person that the leave is taken for the purposes specified in this policy.
2. Depending on the circumstances, that evidence may include a document issued by the police service, a court or a family violence support service, or a statutory declaration.

Confidentiality

Hort Innovation will take steps to ensure information concerning any notice an employee has given, or evidence an employee has provided, is treated confidentially, as far as it is reasonably practicable to do so. Managers must treat any such discussions sensitively and confidentially as far as possible.
1. Nothing in this policy will prevent Hort Innovation from disclosing information provided by an employee if the disclosure is required by an Australian law or is necessary to protect the life, health or safety of the employee or another person.
2. Hort Innovation will endeavour to work collaboratively with an employee who is experiencing family and domestic violence to develop protocols where required to restrict access to the employee’s personal information and contact details.
3. Information collected, used and retained under this policy is to be collected, used, and stored in accordance with applicable Australian privacy laws.

Additional Leave

Hort Innovation may, subject to operational and business requirements, agree with an employee that the employee may take more than 5 days’ paid leave to deal with family and domestic violence.
1. In some circumstances, an employee may also be able to take other types of paid leave, such as Personal Leave or Annual Leave.

Application for Leave

A leave application must be made through the People and Culture team. Discussions with HR and/or the Manager may occur in the first instance.
1. Managers are responsible for ensuring that leave requests are dealt with in accordance with this policy.
  1. Managers should refer all leave requests outside of this policy, including paid leave in excess of five days, to the People and Culture contact.

2.2.6 Long Service Leave

Hort Innovation employees are entitled to Long Service Leave in accordance with the statutory provisions for the State in which they work.
Long Service Leave entitlements may be taken at any time they fall due subject to agreement between the employee and their manager.
1. Employees are required to give at least 30 days’ notice of their intention to take Long Service Leave.

2.2.7 Parental Leave

This policy sets out the obligations of both Hort Innovation and its employees with regard to parental leave.

Policy Statement

It is Hort Innovation's policy to support employees to balance work and family commitments.
1. This policy sets out details of the parental leave entitlements and options available to employees and incorporates provisions of current legislation that relates to parental leave.
  1. In the event of any inconsistency between the current legislation and this policy, the legislation will prevail.

Meaning of Parental Leave

Under the Fair Work Act, parental leave is the right of an eligible employee (see below) to take unpaid leave upon:
1. the birth of a child of you, your spouse or de facto partner; or
2. the placement of a child with you for adoption; and
3. where you have or will have responsibility for the care of the child.
  1. An employee may be required to provide evidence that he/she has the responsibility for the care of the child (or children in the case of multiple births/adoptions), including evidence in the form of a statutory declaration.
    1. Adoption-related parental leave is only available if:
    2. the child will be under 16 years of age on the day of placement;
    3. has not lived with you continuously for more than six months or more on the day of placement; and
    4. is not your child or the child of your spouse or de facto partner.
      1. A de facto partner includes a person who although not legally married to the employee, lives with the employee in relationship as a couple on a genuine domestic basis (whether the employee and the person are of the same sex or different sexes).

Paid Parental Leave (PPL)

An employee who is eligible for unpaid parental leave under the Fair Work Act may also be eligible to receive paid parental leave under:
1. the Australian government funded national PPL scheme; and/or
2. PPL funded by Hort Innovation as an additional benefit in accordance with this policy.

Eligibility for Parental Leave

Unpaid parental leave under the Fair Work Act is available to full-time and part-time employees once they have completed 12 months of continuous service with Hort Innovation.
1. In addition, a casual employee is eligible for unpaid parental leave if:
  1. he or she has been employed by Hort Innovation on a regular and systematic basis for a sequence of periods over at least 12 months; and
    1. had it not been for the birth (or expected birth) or adoption (or expected adoption) of a child, the casual employee would have a reasonable expectation of continuing employment by Hort Innovation on a regular and systematic basis.
      1. Fixed term employees are eligible for unpaid parental leave within the term of their contract once they have completed 12 months of continuous service with Hort Innovation. Fixed term contracts may expire before

the employee returns to work and in those cases there is no obligation on Hort Innovation to extend the contract.

Duration of Parental Leave

Under the Fair Work Act, employees can take up to 12 months unpaid parental leave, with a right to request an extra 12 months' extended parental leave (see below).
The Fair Work Act allows parents to take turns at caring for their child if they wish to do so. If both parents are working, they are known as an "employee couple" for the purposes of the Fair Work Act.
Where both members of an employee couple intend to take parental leave, leave can only be taken concurrently (i.e. leave at the same time) for up to 8 weeks within the first 12 months from the date of birth/placement and must not start before the date of the birth or placement of the child.
Concurrent parental leave may be taken in separate periods, but unless Hort Innovation agrees, each period must not be shorter than two weeks.
Except for concurrent leave, parental leave must be taken in a single unbroken period and can only be taken by one member of an employee couple at a time.
1. For more information about your entitlements if your circumstances are not covered by this policy, please speak to a People and Culture contact.

Flexible Parental Leave

Under the Fair Work Act, employees can take up to 6 weeks of their unpaid parental leave flexibly at any time within 24 months of a child’s birth or adoption. Flexible unpaid parental leave can be taken as:
1. a single continuous period of 1 day or longer; or
2. separate periods of 1 day or longer each.
  1. Employees can take flexible unpaid parental leave on the same day their partner is on continuous unpaid parental leave. The two employees can only take a total of up to 8 weeks of unpaid parental leave at the same time.
  2. An employee’s entitlement to unpaid parental leave, except for flexible unpaid parental leave, will end on the first day that the employee takes flexible unpaid parental leave. Once an employee takes flexible unpaid parental leave, they can’t later take a period of continuous unpaid parental leave. This means that if an employee is planning on taking a period of continuous unpaid parental leave they should do so before they take any flexible unpaid parental leave.

Applying for Parental Leave

Employees are required to give at least 10 weeks’ notice (or, if that is not possible, as much notice as possible) of their intention to take parental leave (including any concurrent leave) specifying the start and end dates of the leave.

Start Date of Parental Leave

Parental leave will generally start shortly before the date of birth or placement of a child, but may start up to six weeks before that date for a pregnant employee.
A pregnant employee may be required to provide a medical certificate confirming that they are fit to work if they wish to continue working in the six weeks prior to birth.
1. If your spouse or de facto partner is initially taking care of the child, but you will be taking over that responsibility (eg. when they return to work), you may start parental leave up to 12 months after the date of birth/placement.
2. If you are part of an employee couple and your spouse or de facto partner has obtained extended parental leave, you may be entitled to start the parental leave later in accordance with the Fair Work Act.

Ceasing to have responsibility to care for a child

If an employee is on unpaid parental leave and ceases during that leave to have responsibility for care of a child, Hort Innovation may, in writing, with at least 4 weeks' notice, direct the employee to return to work.

Unpaid Special Maternity Leave

An eligible employee is entitled to take unpaid special maternity leave under the Fair Work Act if the employee is not fit for work because of:
1. a pregnancy related illness; or
2. the pregnancy ends, not in the birth of a living child, within 28 weeks of the expected date of birth.
  1. An employee must give Hort Innovation notice that they are taking unpaid special maternity leave as soon as possible, and the expected period of leave.

National Paid Parental Leave Scheme (National PPL scheme)

The National PPL Scheme is a government funded entitlement for working parents who are the primary carers of children born or adopted on or after 1 January 2011.
1. It is available to the birth mother and primary carers, who meet the statutory work, income and residency eligibility requirements, but both cannot receive parental leave pay.
  1. Pay under the National PPL Scheme is currently:
  2. paid for a maximum of 18-20 weeks;
  3. paid at the National Minimum Wage rate; and
  4. subject to PAYG tax.
    1. For more information about the National PPL Scheme, please consult with the Department of Human Services.
      1. Company Paid Parental Leave (Company PPL)
      2. There are two types of Company PPL offered by Hort Innovation:
        
        14 weeks' Company PPL for primary care-givers, to be taken at or around the date of the birth or placement of the child; and
        
        5 days' Company PPL for supporting spouses or de facto partners, to be taken in one continuous period within four weeks of the birth or placement of the child.
        
        Company PPL only applies to employees who are eligible to take unpaid parental leave under the Fair Work Act.
        
        It is paid at the employee’s normal base rate of pay (excluding bonuses, overtime payments, loadings and allowances) for eligible employees.
        This is in addition to any payments made under the National PPL Scheme. Payments will be made at the start of the leave period (after any annual and long service leave is taken).
        Employees who are primary care-givers may choose for payments to be made over 14 weeks at full pay, or 28 weeks at half pay.
        
        Company superannuation contributions will continue to be made while annual leave, long service leave and Company PPL payments are made but will not apply for the unpaid portion of parental leave. Death cover for employees who are members of the Hort Innovation Superannuation Employer Plan will continue to apply during parental leave (subject to the terms of those insurance arrangements).
        
        An employee is not eligible for Company PPL if the employee has ceased employment with Hort Innovation or has resigned or been provided with notice of termination as at the date that any Company PPL is otherwise due and payable.
        There is no limit to the number of times an employee can receive Company PPL, however there must be a six-month period between the employee returning from parental leave and taking the next parental leave in order to qualify for payment.

Salary Continuance Cover

Salary continuance cover will continue to apply during parental leave for employees who are eligible for this benefit (subject to the terms of that insurance arrangement).

Leave Accruals and Public Holidays During Parental Leave

Leave entitlements will continue to accrue during the period of Company PPL but leave entitlements will not accrue during the remainder of the parental leave period.
1. Employees will be entitled to paid public holidays that occur during the period of Company PPL.
2. There is no entitlement to paid public holidays for the remainder of the unpaid parental leave.

Extending Parental Leave

Where an employee has initially taken less than 12 months leave.
1. If the employee has commenced leave, the leave sought by the employee and approved by Hort Innovation is less than the employee's entitlement (eg. 12 months in most cases less any period of concurrent leave), and the employee has already commenced leave, the employee may extend the leave to the 12 month period.
2. The employee must give written notice to Hort Innovation at least four weeks before the end of the initial agreed leave period and the leave period can only be extended once, unless Hort Innovation agrees otherwise.
  1. Where an employee has already taken 12 months leave
    1. An employee taking 12 months parental leave may request an extension of a further 12 months leave (up to 24 months in total), unless they are a member of an employee couple in which case the total unpaid parental leave taken by the couple may not exceed 24 months less any period of concurrent leave.
      1. The request must be in writing and given to Hort Innovation at least four weeks before the end of the employee’s initial period of parental leave. Extended leave is not an automatic entitlement.
        Hort Innovation will provide the employee a reasonable opportunity to discuss that requested extension and will in any event respond in writing to the request within 21 days in writing taking into account the matters considered and reasons for the decision made.
        Hort Innovation may nonetheless refuse the extension request on reasonable business grounds.

Keeping in Touch

Managers are encouraged to keep in touch with employees while they are on parental leave and keep them informed about Hort Innovation and their team. Employees may also request "keeping in touch" days.
1. With agreement between the employee and the Manager, employees can elect to participate in workplace activities (such as training programs, staff meetings, team building activities, planning days) while they are on parental leave for the purpose of enabling the employee to keep in touch with his/her employment in order to facilitate a return to that employment after the end of the period of parental leave.
  1. These "keeping in touch" days are paid at the employee's normal rate of pay.
  2. A maximum of 10 "keeping in touch" days can be taken while an employee is on parental leave.
    1. No "keeping in touch" days can be worked earlier than 14 days after the birth or adoption of the child. Managers should not ask employees attend a "keeping in touch" day until 42 days after the birth or adoption, although employees can request a keeping in touch day earlier than 42 days.
      1. Employees who come in for more than half a day to participate in workplace activities will be able to have their parental leave extended by one day.

Returning to Work

Employees must give at least 4 weeks’ notice in writing of their intention to return to work after a period of parental leave.
1. If an employee returns to work before they have received all their pay from the National PPL Scheme, Hort Innovation understands that the employee will not be entitled to continue receiving payments under that scheme.
2. An employee returning from parental leave is entitled to return to the position they held prior to commencing leave.
3. If the employee's former position is no longer available at the end of the parental leave (such as a result of that position having been made redundant), the employee is entitled to be offered any available, suitable position nearest in status and salary to their former position and for which the employee is qualified and suited to work in.
  1. Any employee recruited, promoted or transferred to replace another during the period of parental leave will be appointed on a temporary or fixed term basis and their role will generally come to an end when the employee returns from parental leave.
    1. Before hiring a replacement employee, Hort Innovation will notify them their engagement is temporary, and the employee on parental leave has a right to return to work when their unpaid parental leave ends (including if the period is extended, or if it is reduced in the case of a stillbirth or infant death or if they are no longer responsible for the care of the child).
    2. Fixed term employees whose contract ends while the employee is on parental leave have no entitlement to return to the same job. Hort Innovation does not have to extend an employee's fixed term contract because they have taken parental leave.

Flexible Working Arrangements

Employees can request flexible working arrangements on their return to work from parental leave.
This could include returning to work on a part-time basis or with different starting and finishing times.
1. Such requests need to be made in writing, must explain what specific changes are being requested, and explain the reasons for the request. Employees are not automatically entitled to flexible working arrangements, as Hort Innovation may refuse a request on reasonable business grounds.
2. Casual employees may make a flexible working request if they have been working for Hort Innovation regularly and systematically for 12 months or more and have a reasonable expectation of ongoing work on a regular and systematic basis.
  1. See the Flexible Working Policy for more details.

Still born or infant death

Hort Innovation recognises that employee’s facing early pregnancy loss need time and space to work through these difficult times.
1. Hort Innovation acknowledges an employee’s ongoing rights to take leave in cases of a stillbirth or infant death, in accordance with the Fair Work Act and the Australian government funded national PPL scheme.
  1. Employees experiencing a stillborn or death of an infant are encouraged to access free and confidential external counselling through the Employee Assistance Program (EAP) by calling Converge International on 1300 687 327.

2.2.8 Personal/Carer's Leave

Personal/Carer's Leave may be taken because:
the employee is unfit for work because of a personal illness or injury (Personal Leave); or
1. the employee needs to provide care or support to a member of his/her immediate family or household who is ill, injured or who has suffered an unexpected emergency (Carer's Leave).
  1. Full-time employees are entitled to 10 days paid Personal/Carer's Leave for each year of service.
  2. Leave accrues progressively each year of service according to the employee's ordinary hours of work.
  3. Part-time employees accrue paid Personal/Carer's leave on a pro rata basis.
    1. Compensation for casual employees includes a component for Personal/Carer's Leave and therefore casual employees are not entitled to paid Personal/Carer's Leave.
    2. If all paid Personal/Carer's Leave has been used, or if the employee is a casual employee, the employee may apply for unpaid Carer's Leave of up to two consecutive days for each occasion when a member of the employee's immediate family or household requires care or support because of a personal illness, injury or unexpected emergency.
    3. Employees must contact their manager to notify of their intention to take Personal/Carer's Leave as soon as possible.
    4. During or after a period of personal leave, you may be requested by Hort Innovation to provide a medical certificate or other documentary evidence which outlines the nature of the illness for which the leave was taken.
      1. If an employee takes in excess of 10 days' Personal Leave in any one year a medical certificate will be required to support all absences.

2.2.9 Special Unpaid Leave

Unpaid Leave for special circumstances such as pressing domestic circumstances or overseas travel is not an entitlement but may be granted at the discretion of the relevant General Manager.
1. Special Unpaid Leave will only be granted when all paid leave has been used.
  1. Unpaid leave absences will not count as time served in employment for any service-based entitlements that might otherwise accrue during employment and Hort Innovation will not make any superannuation contributions during the period of unpaid leave.

2.2.10 Study and Examination Leave

Employees who are completing an approved course of further education may be granted up to a maximum of 10 days per calendar year paid leave (a maximum of two days per approved subject), to attend lectures, examinations or to complete studies.
1. Requirements for study and examination leave must be agreed between the employee and their manager at the beginning of the approved course.
  1. The employee must submit a Study and Examination Leave application for approval prior to taking study leave.
    1. Please refer to Hort Innovation’s Further Education Support Policy for more information on approved courses of further education and study leave.