Western Australian Numbered Acts Western Australian Numbered Acts Delete Part 4
Division 2 and insert:
In this
Part —
personal circumstances , in relation to an
employee, means —
(a)
personal illness or injury affecting —
(i)
the employee; or
(ii)
a member of the employee’s family or household;
(b) an
unexpected emergency affecting a member of the employee’s family or
household;
personal leave , in relation to an employee, means
leave taken by the employee —
(a)
because of personal circumstances affecting the employee; or
(b) to
provide care or support to a member of the employee’s family or
household because of personal circumstances affecting the member.
20. Entitlement to paid personal leave
(1) In this
section —
year does not include any period of unpaid leave.
(2) An employee, other
than a casual employee, is entitled for each year of service to paid personal
leave for the number of hours the employee is required ordinarily to work in a
2 week period during that year, up to 76 hours.
(3) Paid personal
leave accrues pro rata on a weekly basis.
(4) Entitlements to
paid personal leave are cumulative.
(5) Except as provided
in subsection (6), the employee may take paid personal leave if the
employee is unable to work as a result of personal circumstances.
(6) The employee is
not entitled to be paid for any period of absence from work resulting from
personal circumstances involving personal illness or injury affecting the
employee if the circumstances are attributable to either of the following in
the course of the employee’s employment —
(a) the
employee’s serious and wilful misconduct; or
(b) the
employee’s gross and wilful neglect.
21. Entitlement to unpaid personal leave
(1) An employee is
entitled to unpaid personal leave of up to 2 days for each occasion (a
permissible occasion ) in which personal circumstances arise.
(2) An employee is
entitled to unpaid personal leave for a particular permissible occasion only
if —
(a) the
permissible occasion comprises a circumstance referred to in
paragraphs (a)(ii) and (b) of the definition of personal circumstances in
section 19; and
(b) the
employee cannot take paid personal leave during the period under
section 20.
22. Certain matters as to personal leave not
minimum conditions
Nothing in this
Division requires —
(a)
personal leave to be taken as a whole working day; or
(b) an
employer to pay an employee instead of the employee’s untaken
entitlement under section 20, on the termination of the employee’s
employment.
22A. Employee to prove entitlements to personal
leave
An employee who claims
to be entitled to paid personal leave or unpaid personal leave under this
Division must provide to the employer evidence that would satisfy a reasonable
person of the entitlement.