Clause 17.14: special leave

17.14.1 Jury Service

(i) A permanent or long-term temporary employee shall, as soon as possible, notify the Secretary of the details of any jury summons served on the employee.

(ii) A permanent or long-term temporary employee who, during any period when required to be on duty, attends a court in answer to a jury summons shall, upon return to duty after discharge from jury service, furnish to the Secretary a certificate of attendance issued by the Sheriff or by the Registrar of the court giving particulars of attendances by the employee during any such period and the details of any payment or payments made to the employee under section 72 of the Jury Act 1977 in respect of any such period.

(iii) When a certificate of attendance on jury service is received in respect of any period during which a permanent or long-term temporary employee was required to be on duty, the Secretary shall grant, in respect of any such period for which the employee has been paid out-of-pocket expenses only, special leave on full pay. In any other case, the Secretary shall grant, at the sole election of the employee, available recreation leave on full pay or leave without pay.

17.14.2 Witness at Court - Official Capacity

When a permanent or long-term temporary employee is subpoenaed or called as a witness in an official capacity, the employee shall be regarded as being on duty.

Salary and any expenses properly and reasonably incurred by the employee in connection with the employee’s appearance at Court as a witness in an official capacity shall be paid by the Department.

17.14.3 Witness at Court - Other than in Official Capacity - Crown Witness

A permanent or long-term temporary employee who is subpoenaed or called as a witness by the Crown (whether in right of the Commonwealth or in right of any State or Territory of the Commonwealth) shall:

(i) be granted, for the whole of the period necessary to attend as such a witness, special leave on full pay; and

(ii) pay into the Treasury of the State of New South Wales all money paid to the employee under or in respect of any such subpoena or call other than any such money so paid in respect of reimbursement of necessary expenses properly incurred in answer to that subpoena or call.

17.14.4 Called as a Witness in a Private Capacity

A permanent or long-term temporary employee who is subpoenaed or called as a witness in a private capacity shall, for the whole of the period necessary to attend as such a witness, be granted at the employee's election, leave without pay.

17.14.5 Examinations

Special leave on full pay up to a maximum of five days in any one year shall be granted to permanent or long-term temporary employees for the purpose of attending at any examination approved by the Secretary.

Special leave granted to attend examinations shall include leave for any necessary travel to or from the place at which the examination is held.

17.14.6 Association Activities

Special leave on full pay may be granted to permanent or long-term temporary employees who are accredited trade union delegates to undertake approved trade union activities as specified below:

(i) annual or biennial conferences of the Association;

(ii) meetings of the Association’s Executive, Committee of Management or Council;

(iii) annual conference of the Unions NSW and the biennial Congress of the Australian Council of Trade Unions;

(iv) attendance at meetings called by the Unions NSW involving a public sector trade union which requires attendance of a delegate;

(v) attendance at meetings called by the Department as and when required;

(vi) giving evidence before an industrial tribunal as a witness for the Association;

(vii) reasonable travelling time to and from conferences or meetings to which the provisions of this subclause apply.

17.14.7 Training Courses

The following training courses will attract the grant of special leave as specified below:

(i) Accredited Work Health and Safety (WH&S) courses and any other accredited WH&S training for WH&S Committee members.

(ii) Courses organised and conducted by the Trade Union Education Foundation or by the Association or a training provider nominated by the Association. A maximum of 12 working days in any period of two years applies to this training and is subject to:

(a) the operating requirements of the workplace permitting the grant of leave and the absence not requiring employment of relief staff;

(b) payment being at the base rate, i.e. excluding extraneous payments such as shift allowances/penalty rates, overtime, etc;

(c) all travelling and associated expenses being met by the employee or the association;

(d) attendance being confirmed in writing by the Association or a nominated training provider.

17.14.8 Return Home when Temporarily Living Away from Home

Sufficient special leave shall be granted to a permanent or long-term temporary employee who is temporarily living away from home as a result of work requirements to return home once each month to enable such employees to spend two days and two nights with their family. If the employee wishes to return home more often, they may be granted extended leave or leave without pay, if the operational requirements allow.

17.14.9 Return Home when Transferred to New Location

Special leave shall be granted to a permanent or long-term temporary employee who has moved to the new location ahead of dependants, to visit such dependants, subject to the conditions specified in the Crown Employees (Transferred Employees Compensation) Award or successor instrument.

17.14.10 A permanent or long-term temporary employee who identifies as an Aboriginal person or a Torres Strait Islander may be granted up to one day’s special leave per year to enable the employee to participate in the National Day celebrations.

17.14.11 Matters arising from domestic violence situations.

When the leave entitlements referred to in clause 16A. Leave for Matters Arising From Domestic Violence have been exhausted, the Department Head shall grant up to five days per calendar year to be used for absences from the workplace to attend to matters arising from domestic violence situations.

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