Policy Owner and Effective Date

People and Culture
Effective Date: 1 January 2020
Version 1

Purpose

To provide information on the accrual, management and use of leave entitlements.

Scope

Employees only.

Policy Statement

Employees can take leave for many reasons, including to go on a holiday, because they are sick or to take care of dependents.

Employees are entitled to leave in accordance with the relevant awards or agreements and statutory provisions.

Planned leave needs to be mutually agreed and consider workloads and the employee’s needs. Leave must be approved in advance, exceptions may be made when the employee can’t anticipate the absence.

Responsibilities

Employees

• • Submit leave requests in a timely manner for approval and payroll processing.
  • Use leave as soon as possible and prior to expiry (if applicable).
  • Notify manager/s of your intention to take leave as soon as possible.
  • Provide supporting documentation, where required.

Managers

• • Discuss leave applications with employees prior to application, and consider business priority and team workload.
  • Approve leave requests in a timely manner for payroll processing.
  • Organise adequate resourcing/ backfill in instances where an employee is on leave for an extended period.
  • Maintain contact with employee for absences over two days.
  • Direct employees to take leave when there is an excessive leave balance.

 Company

• • • Manage leave in accordance with the applicable award, workplace agreement, employment contract or employment law
    • Direct employees to take leave when there is an excessive leave balance

Leave Application Process

Employee’s must apply using the normal leave application process for their location. In most cases this is an Employee Self Service (ESS) portal. Leave should be discussed between the employee and manager and then applied for as far in advance as possible, where possible.

Where an employee is out of the office for an extended period or unable to access ESS, a manager may submit a leave application on their behalf. Managers are responsible for maintaining contact with the employee during absences over two days to monitor progress and offer support.

An employee/manager should attach supporting documentation to their application (e.g. a medical certificate) if appropriate.

Not entering a leave application when the leave was taken is fraudulent and would result in disciplinary action

An employee who is not able to attend work must notify their manager by phone as soon as possible and at least one hour before their regular shift start time. This allows time for alternative staffing (where required).

Annual Leave or Service Leave

The purpose of annual leave is to provide an employee with periods of rest and relaxation each year. Each employee is entitled to a minimum number of days annual leave a year (pro-rata for part-time). The amount of days is detailed in the employment offer or contract or by the local legislation.

Applications for annual leave need to be lodged as soon as possible and ideally four weeks in advance (where possible) to allow for alternative resourcing.

Employees are expected to take accrued annual leave for business close-down periods. If insufficient leave is accrued, an employee may need to take leave without pay.

Details specific to location below:

Annual Leave – Australia

Employees are entitled to paid annual leave in line with the Fair Work Act (2009) or their employment contract. See here to review the Fair Work Act (2009), and here for more information on the Fair Work Commission.

Annual Leave – New Zealand

Employees are entitled to paid annual leave in line with the Holidays Act (2003) or their employment contract. See here to review the Holidays Act (2003), and here for more information on Employment New Zealand.

Annual Leave – Malaysia

Employees are entitled to paid annual leave in line with the Employment Act (1955) or their Employment Contract dependent on their years of service. See here to review the Employment Act (1995), and here for more information on the ILO (International Labor Organization).

Service Incentive Leave – Philippines only

Employees are entitled to paid service incentive leave in line with the Labor Code of the Philippines or their Employment Contract. See here to review the Labor Code of the Philippines, and here for more information on the Department of Labor and Employment.

Annual Leave – Singapore

Employees are entitled to paid annual leave in line with the Singapore Employment Act or their Employment Contract. See here to review the Singapore Employment Act, which outlines leave entitlements, and here for more information on the Ministry of Manpower.

Annual Leave – UK

Employees are entitled to paid annual leave in line with The Working Time Regulations act (1998) or their employment contract.  See here to review The Working Time Regulations act (1998) and here for more information on government legislation.

Personal / Carer’s / Sick leave

Personal/sick leave should be used when the employee has an illness or injury that prevents them from working. Employees are entitled to a minimum number of days personal leave, as per their employment contract or the local legislation. The amount of days may be detailed in the employment offer or contract.

An employee should notify their manager as soon as possible via phone if they are unable to attend work due to illness or injury. Employees will be required to provide evidence such as a medical certificate confirming their absence.

Carer’s leave may be  available to an employee for the care or support of an ill or injured family member.

Family member can be defined as the employee’s spouse, de facto partner, child, parent, grandparent, grandchild, sibling, person living at the same address (related or not) or their spouse’s child, parent, grandparent, grandchild, sibling. Supporting documentation should be provided where possible.

Special Leave Benefits for Women (Philippines Only)

Any female employee, regardless of age and civil status shall be entitled to a special leave of two (2) months with full pay based on their gross monthly compensation subject to existing laws, rules and regulations due to surgery caused by gynecological disorders under such terms and conditions:

• They have rendered at least six (6) months continuous aggregate employment service for the last twelve (12) months prior to surgery;
• Medical evidence must be provided. This must be supplied prior to taking time off, if applicable;
• In the event that an extended leave is necessary, the female employee may use their earned leave credits; and
• This special leave shall be non-cumulative and nonconvertible to cash.

Parental Leave

See Parental Leave Policy for further information.

Leave Without Pay

Where all other leave entitlements have been exhausted, employees may apply for Leave Without Pay (LWOP) or unpaid leave.

Leave without pay can affect an employee’s leave accrual and entitlement, this will depend on local legislation

Applications for unpaid leave more than one week should be discussed between the employee and manager prior to a leave application being submitted. Any applications for more than 30 continuous days requires approval from Human Resources prior to the leave being taken.

Employees are entitled to take unpaid leave if they are impacted by family and domestic violence leave. See below for further information.

Other Leave

Rostered Day Off (RDO) or Time in Lieu (TIL)

For applicable positions only, see Time in Lieu Policy.

Family and Domestic Violence Leave (Australia & New Zealand only)

Employees sometimes face difficult situations in their work and personal life, such as domestic and family violence (DFV), that may affect their attendance, performance at work or safety.

Employees in Australia are entitled to take 10 days paid leave within a 12 month period if they are impacted by family and domestic violence leave. Leave should be applied for in consultation with the employee’s manager or HR and can be used as a full or part day. Additional paid leave may be considered upon consultation with the Employee. Employees may be asked to provide supporting documentation if they are in a position to do so. Your wellbeing will always be a priority and we will work to support you in whatever way feels right for you.

Employees in NZ are entitled to take 10 days paid domestic violence leave per year, after six months of service. Leave should be applied for in consultation with the employee’s manager or HR and can be used as a full or part day. Employees should provide supporting documentation if they are in a position to do so.

Special Leave Victims for Violation of the Anti-Violence Against Women and Children law (Philippines only)

Female employees who are victims under RA 9262 are entitled to take a paid leave of absence up to 10 days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations. Said leave is extendible when the necessity arises as specified in the protection order.

Bereavement / Compassionate / Funeral Leave

Compassionate leave is paid leave taken by an employee to spend time with a  family member, who has a personal illness, or injury, that poses a serious threat to their life, or after the death of a family member.

Employees are entitled to a period of compassionate leave, as per the local legislation, for each occasion where a family member has died, or the employee needs to spend time with a seriously ill family member.

Employees may be required to provide, at its discretion, may request evidence. Additional unpaid leave may be granted at management discretion.

Study Leave

See Education Assistance Policy.

Long Service Leave – Australia only

Employees are entitled to long service leave in line with the applicable state or national long service leave laws (or as per a relevant Award or Agreement). See here for more information on your state.

Long Service Leave – New Zealand only

Long Service Leave in New Zealand is managed in accordance with this policy. Fixed term and permanent employees are eligible. An employee will become entitled to a one-off four-week holiday upon completion of ten years continuous service.

Following the employee’s ten-year anniversary, for every subsequent five-year period that the employee remains in continuous employment with the employer, they will be entitled to two weeks holiday.

Leave may be taken as mutually agreed between the manager and employee, considering business needs and the employee’s personal requirements. Leave should be booked at least four weeks in advance and must be taken in block periods.

Alternative days – New Zealand only

Employees based in New Zealand get an alternative holiday for working on a public holiday that is otherwise a working day.

Jury Duty / Jury Leave – Australia, New Zealand & UK only

Jury duty, also known as jury service, is a type of community service leave.

Employees must advise their manager of the period or expected period of leave as soon as possible and provide evidence (juror letter/ summons) showing they have been selected or have attended. Employees can request supporting documentation from Human Resources if there are commercial reasons why they need to be excused from jury service. Jury duty and leave is managed in accordance with legislation.

Birthday Leave

This leave type is effective from 1 January 2020.

All full-time and part-time employees are eligible to receive a day off with pay for their birthday. You must be employed on the date of your birthday and not be working out a notice period, to be eligible for this day off.

Employees must submit their birthday day off request, through their normal leave application process, to their direct manager a minimum of two weeks prior to the day off. The day must be taken at a mutually agreed upon date.

The day off must be taken either on the day of, or day after your birthday. If for business reasons the day cannot be mutually agreed on, another date will be agreed between the employee and manager. This day cannot be taken any later than 1 week from the employees’ birthday.

The birthday day off will not be accrued. Birthday leave cannot be carried over past this 1-week window, unless approval has been sort from the relevant Senior Leadership Team Executive.

Birthday leave is not an entitlement under legislation. When an employee terminates or leaves the Company, no payment will be made.

Emergency Leave (Philippines only)

Employees may take up to 5 working days paid leave to due to any emergencies stemming from natural calamities or disasters. This leave type may only be used within 30 days from the first day of the calamity/natural disaster being announced by government agencies/authorities.

This leave can be taken for instances such as urgent repair and clean-up of damaged houses, being stranded in affected areas, disease/illness brought by natural calamity/disaster, or caring of immediate family members affected by natural calamity/disaster. Employees must notify their managers as soon as practicable about their absence and ensure that they are keeping their manager updated on progress towards return to work.

Managing Leave

TEG actively manages leave to manage fatigue in the workplace and ensure employees are taking time to relax.

In instances where there are high annual leave balances, TEG may direct an employee to take leave or negotiate a leave plan.

Managers are responsible for monitoring absences in their team and escalating to Human Resources if there are any concerns – e.g. for the employee’s welfare.

Absenteeism or non-attendance occurs when an employee takes an unplanned period of leave. Examples of unacceptable absenteeism might be when an employee:

• Fails to attend work.
• Arrives late or leaves early without explanation.
• Takes longer than the allotted time for meal breaks.
• Has a regular pattern of non-attendance.
• Fails to provide certification or supporting documentation for absences.

In instances where an employee is certified as fit to resume work but will need modifications (e.g. to working hours or equipment), Human Resources and the Return to Work Coordinator must be notified as soon as possible.

Legislation

Australia: The National Employment Standards (NES). More information on minimum leave entitlements in Australia: https://www.fairwork.gov.au/leave

New Zealand: The Holidays Act 2003. More information on minimum leave entitlements in New Zealand: https://www.employment.govt.nz/leave-and-holidays/

Malaysia: Employment Act 1955. More information on minimum leave entitlements in Malaysia: http://www.mylabourlaw.net/

Singapore: The Employment Act. More information on minimum leave entitlements in Singapore: https://www.mom.gov.sg/employment-practices/leave

Philippines: Labor Code of the Philippines. More information on minimum leave entitlements in the Philippines: https://www.dole.gov.ph/

UK: The Working Time Directive 1998.  More information on minimum leave entitlements in the U.K.  https://www.gov.uk/holiday-entitlement-rights

Where the entitlements or practices in this document conflict, the applicable award, workplace agreement, employment contract or employment law takes precedence.