The Australian Public Service Commission (APSC) has issued a circular setting out arrangements for staff members eligible for the new Compassionate Leave entitlement following a miscarriage.
The Commission’s Circular 2021/08: Changes to the Fair Work Act 2009 to provide Compassionate Leave for Miscarriage, says affected employees are allowed up to two days’ compassionate leave if they, their spouse or de facto partner has a miscarriage.
The APSC Circular states that the changes to the Act apply to an employee’s entitlements under the National Employment Standards (NES).
“Therefore, they override provisions in enterprise agreements or other industrial instruments where those provisions are less beneficial than the NES,” it says.
“The Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 amended the Fair Work Act to provide up to two days’ compassionate leave if an employee, or an employee’s spouse or de facto partner, has a miscarriage.”
It states that compassionate leave for casual employees will be unpaid, in line with the Fair Work Act 2009.
It also defines a miscarriage as “the spontaneous loss of the embryo or foetus before 20 weeks’ gestation”.
The APSC said Agencies should ensure employees accessing this leave complied with the existing notice and evidence requirements that already applied to employees taking compassionate leave for the other prescribed occasions.
The APSC’s Circular 2021/08 can be accessed at this PS News link.
