UNIONS HAVE finalised an agreement with employers for a new right for more than 2 million casual workers to take time off work to care for family members whenever they have an illness or unexpected emergency.
UNIONS AND employers have finalised an agreement which establishes a new right for more than 2 million casual workers to take time off work to care for family members whenever they have an illness or unexpected emergency.
As was recently reported in Human Resources Magazine (see page 1, 30 June 2004), unions and employers were close to agreeing on an extension of paid leave for permanent employees to meet family care and emergency responsibilities from the current five days a year to 10 days a year. This agreement has now been finalised.
What is more, an important and previously unreported aspect of the agreement is a new right for casual workers to take time off to care for family members.
There are more than 2.2 million casual workers in Australia – more than a quarter of the total workforce – and this includes 400,000 working mothers with young children who currently have no right to any leave from work to care for a sick child or relative.
Under the agreement casual workers will now have a right to take up to two days off work to care for a family member due to a family illness, unexpected emergency, or birth of a child and also in cases of the death of a family member.
Employers will be obliged to re-engage the casual worker in no a less favourable position – that is, with the same number of shifts or usual hours of work.
There is no limit on the number of two-day absences from work that a casual worker can take in a year, but because they will not be paid it is likely to only be used when necessary.
Casuals will be required to provide reasonable notice to employers that they need time off – usually before or soon after the start of their normal shift or start time. Reasonable evidence of the family emergency is also required such as a medical certificate, letter from a teacher or carer, or a statutory declaration.
Announcing the new work right for the first time today, ACTU President Sharan Burrow said: “This new workplace right is an important breakthrough for working families. It means that working people will have the right when a family emergency or illness occurs to make caring for a loved one their priority.
“They may not get paid for it, but they can feel comfortable to take time off work and not risk losing their job for putting their family first.”
The new agreement has been lodged with the Industrial Relations Commission and will be considered as part of the ACTU Work & Family Test Case to be heard later this year.
The Work & Family Test Case will also decide union claims for flexible working hours and holiday times to accommodate school and childcare, a choice for parents to work part time, and the extension of unpaid parental leave from 12 to 24 months.
