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Unpaid Leave for Medical Care Policy

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Written by Lauren Shine
Updated over a year ago

Introduction

This policy informs all employees covered by the Work Life Balance and Miscellaneous Provisions Act 2023 of their rights and entitlements while in employment. All full-time, part-time, and temporary employees are covered by this policy. Unpaid leave for medical care purposes is a short-term, unpaid leave that employees can avail of for the purposes of providing personal care or support to certain specified persons.

Entitlement

Under our Unpaid Leave for Medical Care policy you are entitled to unpaid leave where one of the following persons is in need of significant care or support for a serious medical reason:

  • a person of whom you are the relevant parent;

  • your spouse or civil partner;

  • a cohabitant of the employee;

  • your parent or grandparent;

  • your brother or sister;

  • a person, other than one specified in the above, who resides in the same household you.

A person is considered to be in need of significant care or support for a serious medical reason where, owing to the person’s disability, injury or illness, he or she requires such care or support that requires the presence of the employee at the place where the person is.

Unpaid leave for medical care purposes shall consist of one or more days on which, but for the leave, the employee would be working. The entitlement applies when the presence of the employee is required at the place where the disabled/ill/injured person is located.

Your entitlement to Unpaid leave for medical care is limited to 5 days in any period of 12 consecutive months and shall not be taken in a period of less than one day. Part days shall be regarded as full days for the purposes of the maximum number of days an employee can take. There is no minimum service requirement for the leave.

Applying for the leave

Due to the nature of Unpaid leave for medical care purposes it may not be possible to apply for the leave in advance. However, where it is possible to provide advance notice of an intention to take leave for medical care purposes, employees are encouraged to do so.

When an employee takes or intends to take the leave, an employee is required to inform their manager or supervisor as soon as possible but not later than on the first day of absence. You must also complete the Medical Care leave application form via People HR, Logbook Section.

On this form you will be required to specify the date of the commencement of the leave for medical care purposes, its duration and outline the facts entitling you to the leave and your relationship to the specified person.

You may also be required to provide relevant evidence in relation to the person for whom the relevant care or support is or is proposed to be provided. This may include but is not limited to, a certificate signed by a medical practitioner or such other evidence as the employer may require in order to show that the person concerned was in need of significant care or support for a serious medical reason.

Employment rights protection

All your employment rights, excluding remuneration, are protected while you are on leave for medical care purposes. You will return to your normal job on completion of the period of leave.

P.O Doc 20

Issue Date 2 October 2023 Issue 1

Next Rev Date: 15 Jan 2024

Documented by: Jess Lumley

Approved by: Mary Gaffey

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