Changes to leave and entitlements

Right to disconnect (effective from 1 June 2026)

This new provision provides for an employee’s right to disengage from work and refuse to monitor, read or respond to contact such as emails, phone calls, or attempted contact from their employer outside of the employee’s working hours or during periods of leave or rostered days off (unless the refusal is unreasonable).

Pregnancy loss leave (effective from 11 May 2026)

This is a new standalone clause that brings in the provisions relating to pregnancy loss from the former compassionate and bereavement clause and the special parental leave clause.

The definition of a stillborn child has also been updated. Employees may also access this entitlement if a niece, nephew, aunt or uncle (or their spouse) experience pregnancy loss.

Reproductive leave (effective from 11 May 2026)

This is a new form of leave entitlement to cover reproductive issues that are defined. The leave is five (5) days a year (pro-rata for part-time employees) and is non-cumulative.

Parental leave: Reduction in qualifying period (effective from 11 May 2026)

A reduction in the qualifying period for parental leave from 12 months to 40 weeks. This applies to eligibility for primary and secondary caregiver leave, adoption leave and grandparent leave.

Personal leave: Medical appointments and use of leave for caring purposes (effective from 11 May 2026)

A new provision to include the ability to use personal leave to attend medical appointments for diagnostic purposes, the ongoing management of issues and as part of personal leave for caring purposes.

An increase of the current cap on using personal leave for caring purposes from 20 days to 40 days (with the cap applying to some awards differently).

Compassionate and bereavement leave: Evidence requirements (effective from 11 May 2026)

A relaxation of evidence requirements. Generally, to access bereavement leave, evidence is not required but where it may be necessary, a statutory declaration can be provided as evidence.

Employees may also access compassionate leave to provide care and support to their niece, nephew, aunt or uncle who is suffering from a life-threatening illness or injury. Further, bereavement leave can now be accessed to grieve and to attend the funeral of a niece, nephew, aunt or uncle.

Management of recreation leave applications (effective from 1 June 2026)

A requirement to provide a response to a leave application within 14 days. The amended clause also provides that while the employer can establish a leave roster, this is done in conjunction with employees.

Family violence leave: Increase in days (effective from 11 May 2026)

An increase from 20 to 25 days a year. Clarification on the access to family violence leave and pay for fixed-term casual employees.

Employees may also access personal leave (caring purposes) to support a niece, nephew, aunt or uncle experiencing family violence.

Gender affirmation leave: Greater flexibility (effective from 1 June 2026)

The previous requirement that gender affirmation leave be used within 52 weeks of starting the leave has been removed, providing greater flexibility in how the leave may be accessed.

Workplace delegates: Attendance at training for part-time work and shift work (effective from 11 May 2026)

A provision for part-time workplace delegates and shift workers (who may not normally work or be rostered and who are attending union-endorsed training conferences or courses on those days) to be paid as part of their workplace delegate training leave. This is either through rearrangement of the work pattern or through payment at their normal rate of pay.

Personal impact days (effective from 11 May 2026)

A new provision for an employee to access up to five (5) personal impact days to help manage the impacts of vicarious trauma, where their role involves consistent and ongoing exposure to psychologically traumatic events, materials and situations.

This change applies to employees covered by the Public Sector Union Wages Agreement (PSUWA) only.

HDA or MRDA for one day in exceptional circumstances (effective from 11 May 2026)

A new provision that enables higher duties allowance or more responsible duties allowance to be paid for one day or more in exceptional circumstances (that are defined).

This previously only applied to a limited number of employees in the Department of Police, Fire and Emergency Management and the Department of Justice.

This change applies to employees covered by the Public Sector Union Wages Agreement (PSUWA) only.

Salary sacrifice (effective from 11 May 2026)

The salary sacrifice provisions have been expanded to provide the ability for employees to enter salary sacrifice arrangements for a number of new benefits through their employment with the State Service.

This change applies to employees covered by:

• Public Sector Union Wages Agreement (PSUWA)
• Allied Health Professionals Public Sector Unions Wages Agreement (AHP)
• Port Arthur Historic Site Management Authority Staff Agreement (PAHSMA)
• Radiation Therapists Agreement (Radiation)
• Dental Officers Agreement (Dental)
• Teachers Agreement (Teachers)