Section 6 – Leave | Enterprise Agreement

Application and approval of leave

All forms of leave must be applied for and approved by the Secretary or a manager as determined in this section. Further information on leave can be found in policy.
Where an employee takes more than 30 days in aggregate leave without pay in a calendar year (annual leave) or an accrual year (personal/carer’s leave), the whole period will not count as service for the purposes of annual and personal/carer’s leave accruals, subject to legislation.
In circumstances where a manager does not approve:
1. an application for leave;
2. leave at half pay; or
3. an application to purchase additional leave
the manager will provide clear reasons for the refusal and propose alternative options that would be approved. The manager must, if requested by the employee, provide these reasons and alternative options in writing within a reasonable timeframe of the request.

Annual leave

Annual leave will accrue at a rate of 20 days each year for a full‑time employee and on a pro‑rata basis for part‑time employees.
Annual leave is cumulative and accrues on a pro‑rata basis.
Annual leave will be credited daily and will be available for use as it accrues.
Annual leave may be taken at half pay. When annual leave is taken at half pay, deductions from leave credits will be halved.
If an employee has been credited more than 60 days of annual leave (excess annual leave balance) the employee is to reach an agreement with their manager on a reasonable time period to reduce the balance to 60 days or below.
An employee may make a written agreement with their manager to cash out a particular amount of accrued annual leave. The employee’s remaining entitlement to annual leave must be no less than 20 days. The employee will be paid the full amount that would have been payable had the employee taken the leave that has been forgone. Cash out of annual leave is subject to conditions in policy.
Untaken annual leave will be paid out to the employee if the employment relationship ends, in accordance with the NES.

Note: See clauses 323 to 329 for portability of leave to other APS agencies.

Employees in receipt of compensation for incapacity under the Safety, Rehabilitation and Compensation Act 1988 for more than 45 cumulative weeks will accrue annual leave credits on a pro‑rata basis for hours actually worked.
Where annual leave is cancelled or the employee is recalled to duty, the employee will be reimbursed travel costs not recoverable from insurance or other sources. Evidence of costs may be required.

Purchased leave

By agreement, ongoing employees who do not have an excess annual leave balance may purchase up to 40 days’ leave in each 12 month period, or a pro‑rata number of days for part‑time employees.
Deductions from fortnightly salary are in equal installments over the course of 12 months, or a lesser period.
Approval to take purchased leave is subject to operational requirements.
Where purchased leave credits are not used within 12 months after the purchase, the purchase value of the credits is returned to the employee.

Personal/carer’s leave

Entitlement

Employees will have a paid personal/carer’s leave entitlement of 18 days each year, or a pro‑rata number of days for part‑time employees. Personal/carer’s leave credits are cumulative.
Personal/carer’s leave may be taken at half pay subject to Secretary approval. When it is taken at half pay, deductions from leave credits will be halved.
Where an employee’s entitlement to personal/carer’s leave is exhausted, the Secretary may approve additional leave as paid, unpaid or half pay leave and may determine conditions under which the leave will apply.
Consistent with the Fair Work Act 2009, if the employee has exhausted their entitlement to paid personal/carer’s leave, the employee may take up to two days' unpaid carer's leave each time a member of the employee's family or household requires care or support because of a personal illness or injury of the member, or an unexpected emergency affecting the member.
Casual employees may be absent without pay when not fit for work due to personal illness or injury. A casual employee may access 2 days unpaid carer’s leave per occasion, consistent with the NES.

Crediting and accrual

Ongoing employees will be credited 18 days personal/carer’s leave upon commencement with the APS, or a pro‑rata number of days for part‑time employees. After 12 months, ongoing employees will accrue personal leave daily, credited at least monthly.
Non‑ongoing employees will be credited personal/carer’s leave upon commencement with Treasury. This will be 18 days pro‑rated based on the employee’s initial contract period. After the initial contract period or 12 months, whichever is shorter, or where the employee has an existing entitlement to personal/carer’s leave, leave will accrue daily, credited at least monthly.
Employees in receipt of compensation for incapacity under the Safety, Rehabilitation and Compensation Act 1988 for more than 45 cumulative weeks will accrue personal leave credits on a pro‑rata basis for hours actually worked.

Accrual – transitional arrangements

The accrual method set out above will apply from when the transition to daily accrual of personal/carer’s leave occurs. Treasury will transition to the daily accrual method and (at least) monthly crediting of the leave by 1 January 2026.
Before the transition to daily accrual of personal/carer’s leave:
1. ongoing employees will accrue annual personal/carer’s leave credits in advance. The annual accrual date will be deferred by periods of leave not to count as service of more than 30 days in aggregate over the previous year; and
2. non‑ongoing employees will accrue 7 days personal/carer’s leave after one month of service and one day for each month of service thereafter. Credits will be reduced by any amounts of leave not to count as service.
Where an employee:
1. has, or cares for someone with, a chronic condition or other ongoing illness;
2. is recovering from surgery;
3. is pregnant; or
4. is returning from parental leave or has a child commencing day care.
and, as a result of the transition to daily accrual of personal/carer’s leave, does not have sufficient credit to cover an absence for which they would otherwise be able to take personal/carer’s leave, the Secretary will advance the employee’s accrual up to the 12 month anniversary when their leave would otherwise be credited.

Usage

Reasons for personal/carer’s leave may include:
1. due to personal illness or injury;
2. to attend appointments with a registered health practitioner;
3. to manage a chronic condition; and/or
4. to provide care or support for a family member (including a household member) or a person they have caring responsibilities for, because:
  1. of a personal illness or injury affecting the other person; or
  2. of an unexpected emergency affecting the other person.

Carers

A person that an employee has caring responsibilities for may include a person who needs care because they:
1. have a medical condition, including when they are in hospital;
2. have a mental illness;
3. have a disability;
4. are frail or aged; and/or
5. are a child, not limited to a child of the employee.

Evidence

An employee may be requested to provide evidence in one or more of the following circumstances:
1. when the employee is or will be absent on personal leave for more than 3 consecutive working days; and
2. if the manager has reason to believe that the employee’s absence is not consistent with the appropriate use of personal leave.
Acceptable evidence includes:
1. a certificate from a registered health practitioner;
2. a statutory declaration; and
3. another form of evidence approved by the Secretary.
A certificate from a registered health practitioner may be used as evidence of a chronic condition for up to 12 months for both personal and carer’s leave.

Parental leave

A primary caregiver and secondary caregiver is defined in the definitions section.
An employee who is a primary caregiver or secondary caregiver is entitled to parental leave up until 24 months from the date of the child’s birth or placement (parental leave period). For the avoidance of doubt, this is inclusive of all legislated leave entitlements. The parental leave period does not extend non‑ongoing employment where the employment period remaining is less than 24 months. An employee is only eligible for parental leave with pay as either a primary caregiver or a secondary caregiver for the particular parental leave period, and cannot switch roles for the purpose of accessing additional paid leave.
For the pregnant employee, the parental leave period starts on commencement of maternity leave as per Maternity Leave Act 1973 requirements, and ceases 24 months from the date of birth. Medical certification requirements for the pregnant employee will be as required by the Maternity Leave Act 1973.
Conditions in this agreement will continue to apply in circumstances where successor legislation to the Maternity Leave Act 1973 does not provide parental leave conditions included in this agreement.

Payment during parental leave

An employee is entitled to parental leave with pay as per clauses 249 and 250 below within the parental leave period. Any further parental leave during the parental leave period is without pay. Unused paid parental leave remaining at the end of the employee’s parental leave period will lapse. An employee may choose to use their accrued paid leave entitlements in accordance with usage and eligibility requirements in this agreement during the parental leave period that would otherwise be without pay.
Employees newly engaged in Treasury or who have moved to Treasury from another APS agency are eligible for the paid parental leave in clauses 249 and 250 where such paid leave had not already been provided by another APS agency or Commonwealth employer in the 24 months since the child’s date of birth or placement. If the paid leave used by the employee with the previous APS agency or Commonwealth employer is less than the limits specified in clauses 249 and 250, the balance is available to the employee.

An employee who is a primary caregiver is entitled to parental leave with pay during the parental leave period to a maximum of 18 weeks as provided in the table below.

Table 1: Primary caregivers – circumstances for paid parental leave
Paid leave entitlement under the Maternity Leave Act 1973	Additional parental leave with pay under this agreement for the primary caregiver
12 weeks’ paid maternity leave, including any reduced paid maternity leave period due to Maternity Leave Act 1973 qualifying period rules	Paid leave to bring the total period of paid parental leave to 18 weeks
No Maternity Leave Act 1973 eligibility or coverage	18 weeks

An employee who is a secondary caregiver is entitled to parental leave with pay during the parental leave period as provided in the table below.

Table 2: Secondary caregivers – circumstances for paid parental leave
Period which coincides with the parental leave period for the secondary caregiver	Parental leave with pay under this agreement
Date of commencement of this agreement to 28 February 2025	8 weeks, or top up to 8 weeks where a lesser period of parental leave has already been provided
1 March 2025 to 28 February 2026	11 weeks, or top up to 11 weeks where a lesser period of parental leave has already been provided
1 March 2026 to 27 February 2027	14 weeks, or top up to 14 weeks where a lesser period of parental leave has already been provided
On and from 28 February 2027	18 weeks, or top up to 18 weeks where a lesser period of parental leave has already been provided

Flexibility: Parental leave with pay, whether provided as maternity leave under the Maternity Leave Act 1973 or under this agreement, can be accessed flexibly during the parental leave period and does not have to be taken in a single block. For the avoidance of doubt, parental leave can be used to replicate a part‑time work arrangement, and can be taken concurrently with another parent in relation to the same child.
Rate of payment: An employee’s rate of payment during paid parental leave is the same as for an absence on personal/carer’s leave and based on the employee’s weekly hours at the time of the absence.
Half‑pay option: The payment of any paid parental leave may be spread over a maximum period of 36 weeks at the rate of, no less than, half the normal rate of salary. All paid parental leave counts as service for all purposes, where permitted by legislation.

Adoption and long‑term foster care

An employee who is a primary caregiver or secondary caregiver is entitled to parental leave in accordance with this agreement for adoption or long‑term foster care, provided that the child:
1. is under 16 as at the day (or expected day) of placement;
2. has not lived continuously with the employee for a period of 6 months or more as at the day (or expected day) of placement; and
3. is not (otherwise than because of the adoption) a child of the employee or the employee’s spouse or de facto partner.
Documentary evidence of approval for adoption or enduring parental responsibilities under formal fostering arrangements must be submitted when applying for parental leave for adoption or long‑term foster carer purposes.

Short‑term foster care

An ongoing employee who has parental responsibilities under formal fostering arrangements may access up to 5 days’ paid short‑term foster care leave in a calendar year.
Documentary evidence of parental responsibilities under formal fostering arrangements must be submitted to the Secretary when applying for short‑term foster care leave.

Stillbirth

Parents of a stillborn child remain eligible for parental leave, except for paid leave for the secondary caregiver which is 2 weeks.
A stillborn child is a child:
1. who weighs at least 400 grams at delivery or whose period of gestation was 20 weeks or more;
2. who has not breathed since delivery; and
3. whose heart has not beaten since delivery.

Pregnancy loss leave

A pregnant employee who experiences, or an employee whose partner experiences, pregnancy loss is entitled to one week of paid leave. Pregnancy loss is a miscarriage or other loss of pregnancy that occurs between 12 and 20 weeks’ gestation that is not a stillbirth.
Pregnancy loss leave is in addition to entitlements to compassionate leave for miscarriage provided under the Fair Work Act 2009 and this agreement.

Premature birth leave

In circumstances of a live birth before 37 weeks’ gestation a pregnant employee, or an employee whose partner has given birth prematurely, is entitled to paid premature birth leave from the date of the child’s birth up to just before 37 weeks’ gestation. Parental leave with pay is then available from what would have been 37 weeks’ gestation in accordance with parental leave in this agreement, noting the parental leave period commences on the child’s date of birth.

Transitional provisions

Employees eligible for paid leave under the Maternity Leave Act 1973 are required under legislation to use their paid maternity leave first. In this circumstance, the employee may postpone their paid premature birth leave otherwise payable under clause 262 until after the legislated paid maternity leave is used.

NAIDOC, ceremonial and cultural leave

NAIDOC leave

First Nations employees may access up to one day of paid leave per calendar year, to participate in NAIDOC week activities.
NAIDOC leave can be taken in part days.

First Nations ceremonial leave

First Nations employees may access up to 6 days of paid leave over 2 calendar years to participate in significant activities associated with their culture or to fulfil ceremonial obligations.
The Secretary may approve additional leave for cultural or ceremonial purposes as miscellaneous leave, with or without pay.
First Nations ceremonial leave can be taken as part days.
First Nations ceremonial leave is in addition to compassionate and bereavement leave.

Cultural leave

The Secretary may grant up to 3 days of paid leave per calendar year for the purpose of attending significant religious or cultural obligations associated with the employee’s particular faith or culture.
The Secretary may approve additional leave for cultural purposes as miscellaneous leave, with or without pay.
Cultural leave can be taken as part days.
For the avoidance of doubt, this leave does not cover cultural purposes or obligations which are eligible for paid First Nations ceremonial leave.

Long service leave

An employee is eligible for long service leave in accordance with the Long Service Leave (Commonwealth Employees) Act 1976.
The minimum period for which long service leave will be granted is 7 calendar days (whether taken at full or half pay). Long service leave cannot be broken with other periods of leave, except as otherwise provided by legislation or provided for in the re‑crediting of leave clauses 330 to 332 of this agreement.

Compassionate leave

Employees will be eligible for 3 days paid compassionate leave on each occasion when:
1. a member of their family (including a member of their household) or someone they have a close personal relationship with contracts, develops or sustains a life‑threatening illness or injury; or
2. the employee or their partner has a miscarriage (see also pregnancy loss leave in this agreement).
An employee may be asked to provide evidence to support their absences on compassionate leave.
Compassionate leave for an occasion may be taken as 3 consecutive days or in separate periods totalling 3 days. This can include part days.
For casual employees, compassionate leave is unpaid.

Bereavement leave

Employees will be eligible for 3 days paid bereavement leave on each occasion when:
1. a member of their family (including a member of their household) or someone they had a close personal relationship with dies; or
2. a child is stillborn, where the child was a member of their family (including a member of their household) (see also stillbirth in this agreement).
An employee may be asked to provide evidence to support their absences on bereavement leave.
Bereavement leave for an occasion may be taken as 3 consecutive days or in separate periods totalling 3 days. This can include part days.
For casual employees, bereavement leave is unpaid.

Sabbatical leave

By agreement, an ongoing employee may purchase up to one years’ leave to enable them to take a long period of sabbatical leave.

Emergency response leave

In line with section 108 of the Fair Work Act 2009, an employee who engages in an eligible community service activity is entitled to emergency response leave to volunteer for emergency management duties for:
1. the time engaged in the activity;
2. reasonable travelling time; and
3. reasonable recovery time.
Full‑time and part‑time employees will be able to access 20 working days of paid emergency response leave at their full rate of pay per year if required. The Secretary may provide additional emergency response leave with pay.
1. For the purposes of this clause, full rate of pay is to be as if the employee was at work.
Paid leave may be refused where the employee’s role is essential to Treasury’s response to the emergency.
An employee must provide evidence that the organisation requests their services. Employees can provide evidence before or as soon as practical after their emergency service activity.
The Secretary may approve reasonable paid or unpaid leave for ceremonial duties and training.
Emergency response leave, with or without pay, will count as service.

Leave for jury duty or to attend proceedings

Leave for jury duty

Employees who are required by a court to attend either for jury selection, or to act as a juror, will be released from duty for the required period, without the need to apply for leave.
Full‑time and part‑time employees will be released from duty on their full rate of pay. Payment for casuals will be as per the relevant state or territory legislation.
1. For the purposes of this clause, full rate of pay is to be as if the employee was at work.
The employee is required to inform their manager before they are released from duty and provide evidence of the need to attend.
If the employee receives a payment from the court for attendance (which is not expense related such as an allowance or reimbursement), they must repay that amount to Treasury for the period of absence. This will be administered in accordance with the overpayments clause.

Leave to attend proceedings

An employee giving evidence before a Court, Tribunal or Royal Commission on behalf of the Commonwealth or a Commonwealth party in the course of their duties, will be considered on duty.
An employee who is not covered under clause 295, and is required to give evidence to, appear before or attend to instruct a representative at a Court, Tribunal or Royal Commission in relation to their duties will be released from duty without loss of pay. This includes in proceedings relating to a dispute between the employee and Treasury.
An employee may otherwise be granted paid or unpaid miscellaneous leave by the Secretary if required to give evidence to a Court, Tribunal or Royal Commission for any other reason. Where approval for unpaid leave is given, the employee may elect to use accrued annual leave, flex leave or time off in lieu.
The Secretary may refuse to release an employee from duty having regard to business requirements and whether the employee’s attendance is necessary for the Court, Tribunal or Royal Commission hearing.

Defence reservist leave

The Secretary will give an employee leave with or without pay to undertake:
1. Australian Defence Force (ADF) Reserve and continuous full‑time service (CFTS); and
2. Australian Defence Force Cadet obligations.
An employee who is a Defence Reservist can take leave with pay for:
1. up to 4 weeks (20 days) in each financial year (pro‑rata for part‑time employees); and
2. an extra 2 weeks (10 days) in the first year of ADF Reserve service (pro‑rata for part‑time employees).
Leave can be built up and taken over 2 consecutive years. This includes the extra 2 weeks in the first year of service.
An employee who is an Australian Defence Force Cadet officer or instructor can get paid leave up to 3 weeks in each financial year to perform their duties. Australian Defence Force Cadets means:
1. Australian Navy Cadets;
2. Australian Army Cadets; and
3. Australian Air Force Cadets.
In addition to the entitlement at clause 300, paid leave may be granted to an employee to attend an interview or medical examination in connection with the enlistment of the employee in a Reserve Force of the Defence Force.
Paid defence reservist leave counts for service.
Unpaid defence reservist leave for 6 months or less counts as service for all purposes. This includes periods of CFTS.
Unpaid leave taken over 6 months counts as service, except for annual leave.
An employee will not need to pay their tax free ADF Reserve salary to their agency for any reason.
Eligible employees may also apply for annual leave, long service leave, leave without pay, or they may use flextime for the purpose of fulfilling ADF Reserve, CFTS or Australian Defence Force Cadet obligations.
Employees are to notify their manager at the earliest opportunity once the dates for ADF Reserve, CFTS or Australian Defence Force Cadet activities are known and/or changed.

Defence service sick leave

An employee is eligible for defence service sick leave credits when the Department of Veterans Affairs (DVA) has certified that an employee’s medical condition is as a result of either:
1. war‑like service; or
2. non war‑like service.
An eligible employee can get 2 types of credits:
1. an initial credit of 9 weeks (45 days) defence service sick leave (pro‑rata for part‑time employees) will apply as at the following dates, whichever is later:
  1. they start employment with the APS;
  2. DVA certifies the condition; or
2. an annual credit of 3 weeks (15 days) defence service sick leave (pro‑rata for part‑time employees).
An employee can use their defence service sick leave when a recognised medical practitioner provides a certificate that says they were away due to their DVA certified medical condition.
Unused annual credits can be built up to 9 weeks.
An employee cannot use annual credits until the initial credit is exhausted.
Defence service sick leave is paid and counts as service for all purposes.

Miscellaneous leave

Where leave is not otherwise provided or available in this agreement, the Secretary may grant an employee miscellaneous leave. The leave may be granted with or without pay, as appropriate in the circumstances. The Secretary may request evidence to support a request for miscellaneous leave.
Miscellaneous leave may be granted in the circumstances set out in policy.
Miscellaneous leave may also be granted:
1. where the leave would be in the interests of Treasury, the Australian Public Service or the Australian community, and
2. in consideration of the nature of the request and the employee’s circumstances, particularly circumstances that are unexpected or exceptional.
Any period or cumulative periods of miscellaneous leave without pay greater than 30 calendar days within a 12‑month period will not count as service for annual leave and personal/carer’s leave purposes.
However, the Secretary may determine that the leave without pay is in the interests of Treasury or the APS and determine that the leave may count for annual leave and personal/carer’s leave when the employee returns to Treasury following the leave.
Miscellaneous leave may be granted to casual employees for the purpose of family and domestic violence leave and to accommodate other Government directives.
Further information is available in policy.

Portability of leave

Where an employee moves to Treasury from another APS agency where they were an ongoing employee, the employee’s unused accrued annual leave and personal/carer’s leave will be transferred, provided there is no break in continuity of service.
Where an employee is engaged in Treasury immediately following a period of ongoing employment in the Parliamentary Service or the ACT Government Service, the employee’s unused accrued annual leave and personal/carer’s leave will be recognised unless the employee received payment in lieu of those entitlements on cessation of employment.
Where an employee is engaged as an ongoing employee in Treasury, and immediately prior to the engagement the person was employed as a non‑ongoing APS employee (whether in Treasury or another APS agency), at the employee’s request, any unused accrued annual leave (excluding accrued leave paid out on separation) and personal/carer’s leave will be recognised.
Where a person is engaged as an ongoing employee in Treasury, and immediately prior to the engagement the person was employed by a Commonwealth employer (other than in the Parliamentary Services which are covered in clause 324), the Secretary will offer to recognise any unused accrued personal/carer’s leave at the employee’s request.
Where an employee is engaged as an ongoing employee in Treasury, and immediately prior to the engagement the person was employed by a State or Territory Government, the Secretary may recognise any unused accrued personal/carer’s leave, provided there is not a break in continuity of service.
Where an employee is engaged as a non‑ongoing employee in Treasury, and immediately prior to the engagement the person was employed as a non‑ongoing APS employee (whether in Treasury or another APS agency) at the employee’s request, any unused accrued annual leave (excluding accrued leave paid out on termination of employment) and personal/carer’s leave will be recognised.
For the purposes of clauses 323 to 328, an employee with a break in service of less than 2 months is considered to have continuity of service.

Re‑crediting leave

When an employee is on:
1. annual leave;
2. purchased leave;
3. defence reservist leave;
4. First Nations ceremonial leave;
5. NAIDOC leave;
6. cultural leave; or
7. long service leave; and
becomes eligible for, under legislation or this agreement:
1. personal/carer’s leave;
2. compassionate or bereavement leave;
3. jury duty;
4. emergency services leave;
5. leave to attend to family and domestic violence circumstances; or
6. parental leave, premature birth leave, stillbirth leave or pregnancy loss leave;
the affected period of leave will be re‑credited.
When an employee is on personal/carer’s leave and becomes eligible for parental leave, premature birth leave, stillbirth leave or pregnancy loss leave, the affected period of leave will be re‑credited.
Re‑crediting is subject to appropriate evidence of eligibility for the substituted leave.