Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 51

51 Entitlement

(1) This section applies to an employee who is required by Aboriginal tradition or Island custom to attend an Aboriginal or Torres Strait Islander ceremony.

(2) The employee may take up to 5 days unpaid cultural leave in each year, if the employer agrees.

(3) The employer must not unreasonably refuse the leave.

(4) In considering the employee’s request for leave, the employer must consider at least the following—

(a) the employer’s capacity to reorganise work arrangements to accommodate the employee’s request;

(b) the impact of the employee’s absence on the delivery of customer service;

(c) the particular circumstances of the employee;

(d) the impact of a refusal on the employee, including the employee’s ability to balance work and family responsibilities.

(5) The employee must, if practicable, give the employer—

(a) reasonable notice of the intention to take cultural leave before taking the leave; and

(b) the reason for taking the leave; and

(c) the period that the employee estimates the employee will be absent.

(6) If it is not practicable for the employee to give the notice before taking the leave, the employee must give the employer notice of the matters in subsection (5) (b) and (c) at the first opportunity.

(7) It is declared that leave provided under this section is a welfare measure for the purposes of the Anti-Discrimination Act 1991 , section 104 .