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INDUSTRIAL RELATIONS ACT 2016 - SECT 48
Entitlement—casual employees
48 Entitlement—casual employees
(1) A long term casual employee is entitled to— (a) at least 2 days unpaid
bereavement leave on each occasion when— (i) a member of the employee’s
immediate family or household dies; or
(ii) the employee, or the employee’s
spouse, is pregnant and the pregnancy ends other than by the birth of a living
child; and
(b) if the employee reasonably requires extra time to travel to
and from the funeral or other ceremony for the death—an amount of unpaid
bereavement leave equal to the time reasonably required for the travel.
(2) A
short term casual employee is entitled to be unavailable to attend work for—
(a) at least 2 days on unpaid bereavement leave on each occasion when— (i) a
member of the employee’s immediate family or household dies; or
(ii) the
employee, or the employee’s spouse, is pregnant and the pregnancy ends other
than by the birth of a living child; and
(b) if the employee reasonably
requires extra time to travel to and from the funeral or other ceremony for
the death—an amount of unpaid bereavement leave equal to the time reasonably
required for the travel.
(3) Also, a casual employee is entitled to 2 days
unpaid compassionate leave on each occasion when a member of the employee’s
immediate family or household— (a) contracts or develops a personal illness
that poses a serious threat to the person’s life; or
(b) sustains a
personal injury that poses a serious threat to the person’s life.
(4) The
employer must not fail to re-engage a casual employee only because the
employee has taken bereavement leave or compassionate leave under this
section.
(5) However, the rights of an employer not to re-engage a casual
employee are not otherwise affected.
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