Fair Work Act. Australia
section 97; or
(b) if it is unpaid carer’s leave — the leave is taken for a permissible occasion in circumstances specified in subsection 103(1); or
(c) if it is compassionate leave — the leave is taken for a permissible occasion in circumstances specified in subsection 105(1).
Compliance
(4) An employee is not entitled to take leave under this Division unless the employee complies with this section.
Modern awards and enterprise agreements may include evidence requirements
(5) A modern award or enterprise agreement may include terms relating to the kind of evidence that an employee must provide in order to be entitled to paid personal/carer’s leave, unpaid carer’s leave or compassionate leave.
Note: Personal information given to an employer under this section may be regulated under the Privacy Act 1988.
Division 8—Community service leave
108 Entitlement to be absent from employment for engaging in eligible community service activity
An employee who engages in an eligible community service activity is entitled to be absent from his or her employment for a period if:
(a) the period consists of one or more of the following:
(i) time when the employee engages in the activity;
(ii) reasonable travelling time associated with the activity;
(iii) reasonable rest time immediately following the activity; and
(b) unless the activity is jury service — the employee’s absence is reasonable in all the circumstances.
109 Meaning of eligible community service activity
General
(1) Each of the following is an eligible community service activity:
(a) jury service (including attendance for jury selection) that is required by or under a law of the Commonwealth, a State or a Territory; or
(b) a voluntary emergency management activity (see subsection (2)); or
(c) an activity prescribed in regulations made for the purpose of subsection (4).
Voluntary emergency management activities
(2) An employee engages in a voluntary emergency management activity if, and only if:
(a) the employee engages in an activity that involves dealing with an emergency or natural disaster; and
(b) the employee engages in the activity on a voluntary basis (whether or not the employee directly or indirectly takes or agrees to take an honorarium, gratuity or similar payment wholly or partly for engaging in the activity); and
(c) the employee is a member of, or has a member-like association with, a recognised emergency management body; and
(d) either:
(i) the employee was requested by or on behalf of the body to engage in the activity; or
(ii) no such request was made, but it would be reasonable to expect that, if the circumstances had permitted the making of such a request, it is likely that such a request would have been made.
(3) A recognised emergency management body is:
(a) a body, or part of a body, that has a role or function under a plan that:
(i) is for coping with emergencies and/or disasters; and
(ii) is prepared by the Commonwealth, a State or a Territory; or
(b) a fire-fighting, civil defence or rescue body, or part of such a body; or
(c) any other body, or part of a body, a substantial purpose of which involves:
(i) securing the safety of persons or animals in an emergency or natural disaster; or
(ii) protecting property in an emergency or natural disaster; or
(iii) otherwise responding to an emergency or natural disaster; or
(d) a body, or part of a body, prescribed by the regulations;
but does not include a body that was established, or is continued in existence, for the purpose, or for purposes that include the purpose, of entitling one or more employees to be absent from their employment under this Division.
Regulations may prescribe other activities
(4) The regulations may prescribe an activity that is of a community service nature as an eligible community service activity.
110 Notice and evidence requirements
Notice
(1) An employee who wants an absence from his or her employment to be covered by this Division must give his or her employer notice of the absence.
(2) The notice:
(a) must be given to the employer as soon as practicable (which may be a time after the absence has started); and
(b) must advise the employer of the period, or expected period, of the absence.
Evidence
(3) An employee who has given his or her employer notice of an absence under subsection (1) must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the absence is because the employee has been or will be engaging in an eligible community service activity.
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