Reading time: 4 minutes

Welcome to Part 2 of What to include in an Employee Handbook where we look at the various leave options to which employees, both permanent and casual, are sometimes entitled, and the kinds of guidelines with respect to dress code that should be covered in the Employee Handbook.

Leave Entitlements

Leave entitlements, the provision of which is governed by the Fair Work Act 2009 (Cth), should be fully explained to employees in the Employee Handbook. Any requests for leave are usually directed towards the manager of the Business with some minimum notice requirements attached. Some Employee Handbooks will specify an exact number of days, whereas others may simply dictate that leave requests be made “in a timely fashion”.

Make sure you note that contractors and casual employees are not entitled to paid leave and will not receive payment for public holidays not worked. Here is a rundown of some of the leave entitlements that are worth mentioning in the Employee Handbook:

Annual Leave

Annual leave accrues over time for permanent part-time and permanent full-time employees. The Employee Handbook should explain that the number of days of annual leave to which an employee is entitled, and the manner in which this leave is accrued, is to be set out in the employment contract.

Personal Leave and Carer’s Leave 

Employees are also entitled to take paid personal and carer’s leave if they are not able to work because of illness or injury to either themselves or a member of their immediate family who requires their assistance. The Employee Handbook should clarify that employees seeking to take such leave are first required to notify their manager of any request for leave of this nature.

Typically employees are also required to provide the manager with a medical certificate if they take more than one day of personal or carer’s leave.

In the handbook, employees should be made aware that abuse of the personal and carer’s leave system may lead to disciplinary action from their employer.

In keeping employees fully informed, it is also important to include that the Fair Work Act currently states that employees will accrue ten days personal/carer’s leave during each year of employment, which accumulates from year to year. Many employees are not aware of the fact that once all of their carer’s and personal leave has been used up, an employee may seek two additional days. It is important that this information is made available in the Employee Handbook.

Statutory Parental Leave

Employees are entitled to take statutory parental leave, in accordance with applicable legislation. Any additional parental leave will be at the discretion of the business owner.

Jury Service and Other Community Service Leave

Some employees will need to take time off work to fulfill their jury duty obligations. The provisions of the Fair Work Act and other applicable legislation govern the entitlement to jury and other community service leave.

Long Service Leave

As with other types of leave entitlement, the Employee Handbook should require employees to notify the manager or business owner if they plan on taking long service leave.

Unpaid Leave

It is also possible for employees to apply for unpaid leave. Any such application should be made to the manager, and should the Business grant the employee unpaid leave, it should never constitute any change to the terms and conditions of your employment.

Dress Code and Safety Gear

Dress codes and safety standards are important to any business. Communicate what you expect of employees while at work. The dress code and safety standards for certain employees may vary according to roles in the Business. Identify the various standards for the different employees. Otherwise, make sure there is a provision in the Employee Handbook that requires employees to ask the manager about the appropriate dress and safety code for their role. Clarify that improper attire may result in the manager requiring the employee to get changed into more appropriate clothing. To manage staff and ensure everyone comes to work dressed appropriately, insert a provision that cautions employees about repeat occurrences of inappropriate dress and lack of safety gear, which can result in disciplinary action including, ultimately, dismissal.

Conclusion 

An Employee Handbook usually addresses all of the issues addressed in the employment contract that apply to all the employees in a business. If you need an employment lawyer to assist you drafting this document, contact LegalVision on 1300 544 755. Our team would be happy to assist you! Stay tuned for Part 3 of What to include in an Employee Handbook.

Webinars

Construction Contract Essentials

Thursday 12 August | 11:00 - 11:45am

Online
Understand how construction contracts are drafted and how to protect your construction business.
Register Now

Startup 101: Understanding Cap Tables and ESOPs

Thursday 19 August | 11:00 - 11:45am

Online
Cap tables and employee share option plans are essential for fast-growing startups. Learn more with this free webinar.
Register Now

Expanding to NZ: Structuring Your Business For Success

Thursday 26 August | 2:00 - 2:45pm

Online
Launching a business in New Zealand? Understand how to structure your business for success with this free webinar.
Register Now

Preventing Modern Slavery: Your Business’ Legal Obligations

Thursday 9 September | 11:00 - 11:45am

Online
Are you an Australian business with $100m+ annual consolidated revenue? Learn how to determine if you are a modern slavery reporting entity and your obligations under the legislation with this free webinar.
Register Now

About LegalVision: LegalVision is a tech-driven, full-service commercial law firm that uses technology to deliver a faster, better quality and more cost-effective client experience.

The majority of our clients are LVConnect members. By becoming a member, you can stay ahead of legal issues while staying on top of costs. From just $119 per week, get all your contracts sorted, trade marks registered and questions answered by experienced business lawyers.

Learn more about LVConnect

Need Legal Help? Get a Free Fixed-Fee Quote

If you would like to receive a free fixed-fee quote or get in touch with our team, fill out the form below.

  • 2020 Excellence in Technology & Innovation – Finalist – Australasian Law Awards 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice – Winner – Australasian Lawyer 2020 Employer of Choice Winner – Australasian Lawyer
  • 2021 Fastest Growing Law Firm - Financial Times APAC 500 2021 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review 2020 AFR Fast 100 List - Australian Financial Review
  • 2021 Law Firm of the Year - Australasian Law Awards 2021 Law Firm of the Year - Australasian Law Awards
  • Most Innovative Law Firm - 2019 Australasian Lawyer 2019 Most Innovative Firm - Australasian Lawyer