So you want to pre-empt emergency leave? For many working carers, there will probably be occasions when you will have no choice but to take emergency leave from work to attend to your caring responsibilities.

For example, it may be that the person you care for requires prompt medical attention or hospitalisation or that your usual respite care service is unavailable. You may have to suddenly leave your workplace or advise your employer at very short notice of your inability to come to work.  

Know your rights

Depending on where you work and what sort of work you do, you will have been hired under an industrial award, an enterprise bargaining agreement (EBA), an Individual Transitional Employment Agreement (ITEA) or a common law contract. Regardless of which of these systems covers your employment, you are entitled to a minimum of 10 days paid Personal/Carers leave (including sick leave), paid compassionate leave and two days of unpaid leave per occasion for emergencies or for casual employees. Most awards also have Make Up time which means you can ask your employer to take time off during your shift to attend to the person you are caring for and make the time up later.

You should also be aware that the Anti-Discrimination (Carers’ Responsibilities) Act 2000 (NSW) prohibits unfair treatment due to your caring responsibilities if you are the carer of an immediate family member. Do make sure to check your award, EBA or ITEA to see which family-friendly provisions are already available to you.

Talking with your colleagues

Before you talk to your employer, you may like to talk to your workmates about your caring situation and gain their support. They may be able to cover for you at short notice.. They may also be able to make suggestions regarding ways to lessen any disruption to your job or the workplace.

Some colleagues may be carers themselves and will be able to let you know how your employer has handled their particular situation.

Requesting the appointment

If it is likely you will need emergency leave because of your caring role, talk with your employer or Human Resource person and advise them of your situation.

If you work for a large organisation, it may be appropriate to request an appointment in writing. You could use something along the lines of the following in a memo or letter or use similar wording when requesting an appointment face-to-face.

If making a verbal request, be prepared for your employer to not want to make an appointment but to talk about your request straight away. The timing of your approach to make an appointment could also be important in some workplaces. It is probably better to approach your employer earlier in your shift rather than later. Wait until they have had a chance to clear their desk. After morning tea or the fist break of the shift is an ideal time.

Talking with your employer

Explain your caring situation positively and state that you want to be able to work and care at the same time. Tell your employer you expect your caring responsibilities to last for "#" number of months/years. Don’t apologise for caring. Privacy laws protect you and the person you’re caring for. You do not need to go into detail about your relationship to your care receiver, their medical condition, etc. and only do so if you want to.

Tell your employer you have checked your award, EBA or ITEA and the anti-discrimination legislation and that there is an increasing trend for employers to support staff to work and care at the same time. Outline the benefits for employers such as increased staff retention, loyalty, commitment and productivity.

Explain that you have thought about your situation and ask your employer if he/she would consider what you need. Let your employer know that you have considered the repercussions of your request on your job and also to your workmates. For example, you could say something like “John is happy to cover for me if I have to leave work during my shift. I can make up the time later”. Frame your request in such a way that it will cause the least trouble for everyone. Offer some other choices about how you may deal with your caring responsibilities.

When you meet with your employer, you could give him/her a copy of our Fact Sheet Carers and Work which provides an overview of employers’ responsibilities under NSW anti-discrimination legislation as well as the positive benefits of providing flexible working arrangements to staff who are carers.

Setting up systems at work

Once your employer has agreed in principle to your taking emergency leave when required, he/she may suggest you meet with relevant colleagues to talk about ways of covering for you when you are absent.

If you use e-mail at work, you could set up your e-mail to automatically reply to any incoming message that comes in while you are away.

Monitoring

If you find the system you have set up turns out to have some glitches, do not hesitate to discuss this with relevant workmates and your employer. Alternatives can probably be found to remedy the situation.

For more detailed information and tips, read our Fact Sheets Negotiating with your employer, So you want to claim carers leave, Working Carers and Anti-Discrimination and Carers and Work.

What next?

If you would like to learn more about the issues raised in this Fact Sheet you may like to try:

• returning to the Employees menu on the Gateway
• checking out the Federal Government Workplace Relations website for more information on Carers
• visiting the relevant state workplace and employment website
  • NSW - http://www.industrialrelations.nsw.gov.au
    VIC - http://www.business.vic.gov.au
    QLD - http://www.deir.qld.gov.au
    SA - http://www.service.sa.gov.au
    WA - http://wa.gov.au/governmentservices/jobseconomy
    TAS - http://www.service.tas.gov.au
    NT - http://www.nt.gov.au
    ACT - http://www.act.gov.au
• subscribing to our monthly newsletter, Work 'n' Care, for regular information and support regarding the issues facing working carers.

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