Industrial

I

Steve Whetton Assistant Secretary Police Association

INDUSTRIAL The curse of restricted leave allocations

Annual leave allocations right throughout SAPOL have been a constant source of concern to Police Association members.

The Police Officers Award stipulates that:

“… the employee shall no later than the first day of October in each year forward to the manager dates they desire to have annual leave for the next financial year. Management no later than the first day of November in each year forward to the Commissioner of Police a roster of the proposed annual leave for the next ensuing financial year. ”

General order 8420, Human resource management, Leave, Leave (Police) restricts leave allocation. It stipulates that:

“As a general rule during the period of the end of November in one year and the end of March in the following year, no more than 12 per cent of members (similar percentage for supervisory members) should be absent from the workplace on leave. Districts/LSA/branch managers may exceed this general rule provided that: • all forecast local and corporate operational obligations will be met. • there are exceptional or special circumstances. ”

Allocations become further restricted when two or more seemingly separate workplaces within an LSA or district are measured against each other when trying to determine who gets leave as the 12 per cent quota is applied across the LSA and district.

Leave allocations were immediately affected by the COVID-19 emergency declared in South Australia on March 22, 2020.

Police officers then had to manage border restrictions, process overseas and interstate traveller arrivals, check that people were complying with the requirement to quarantine or self-isolate, and police medi-hotels.

These responsibilities came in addition to the administrative duties which officers had to carry out in respect of the pandemic.

Members have, at short notice, had to change shifts, rosters and locations, and work overtime to meet the demands of emergency management. Naturally, this has greatly impacted on their family lives. In their family lives, police officers have faced the same challenges everyone else has. Some live with “vulnerable persons” such as family members who are elderly or afflicted with life-threatening medical conditions.

The greatest upheaval for members and their families has been the requirement, when necessary, to selfisolate and submit to testing for COVID-19.

In their family lives, police officers have faced the same challenges everyone else has. Some live with “vulnerable persons” such as family members who are elderly or afflicted with life-threatening medical conditions.

Many have partners and children who look forward to holidays and recreation – simple pursuits which create meaningful memories and bring respite.

Thrust upon police officers, however, was the cancellation, and then further restriction, of recreation, long-service, retention, police-service and purchased leave across their entire workforce. • March 27, 2020 – all leave cancelled from April 9 to June 30, 2020 for the entire SAPOL workforce to fulfill obligations under the Emergency

Management Act. (This included recreation, long-service, retention, police-service, and purchased leave.) • May 13, 2020 – variation of cancellation-of-leave direction for

POLICE ASSOCIATION OFSOUTH AUSTRALIA

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leave until June 30, 2020, excluding officers of police. (Leave could then be approved for annual, policeservice, purchased, and retention leave but not long-service leave.

No more than 10 per cent were to be absent from the workplace on leave until June 30, 2020.) • June 19, 2020 – leave cancellation rescinded with the caveat that

“managers should allocate leave in accordance with their usual operational planning requirements, taking into account that SAPOL continues to have a number of staff diverted to COVID-19-related duties”. • July 17, 2020 – voluntary payment in lieu of annual leave. (Commissioner

Grant Stevens made a special order under the Police Act allowing consideration for payment in lieu of annual leave outstanding as of June 30, 2020 and/or a maximum of 10 working days of one’s current 2020-21 annual-leave entitlement.) • August 6, 2020 – new leave direction effective from September 1, 2020. (Effective from September 1, 2020, taking annual, police-service and long-service leave for sworn employees was restricted to a total

of 8 per cent of each workplace and officers of police were restricted to taking a maximum total of two weeks’ leave.) • November 24, 2020 – leave cancellation rescinded. (On November 18, 2020, future planned leave for all employees was cancelled.

Commissioner Stevens then rescinded the leave cancellation and determined that taking annual, police-service and long-service leave for sworn employees was restricted to a total of 8 per cent of each workplace. Officers of police were restricted to taking a maximum total of two weeks’ leave.) • December 11, 2020 – Deputy

Commissioner Linda Williams approved, with immediate effect, raising the sworn leave cap – for annual, long-service and police-service leave – to 10 per cent of each workplace. • February 17, 2021 – the sworn leave cap increased from 10 per cent to 14 per cent to be on leave where service delivery allowed. Officers of police remained restricted.

Confusion now exists as to whether the annual leave can again be carried over into the next financial year or payment in lieu applies. Members regularly indicate their preference for taking their leave rather than having it paid out. This issue is fast becoming a work health and safety concern.

Members regularly indicate their preference for taking their leave rather than having it paid out. This issue is fast becoming a work health and safety concern.

The payment in lieu of leave is only an option to line up with an administrative reporting requirement and budget allocation. It fails to address members’ mental and physical health and well-being.

Organizational leave percentage is only a guide and, where exceptional circumstances exist, members should submit a report to their managers to seek approval and consult the Police Association.

POLICE ASSOCIATION OFSOUTH AUSTRALIA

Group Life Insurance Beneficiary Nomination Forms

Owing to a Supreme Court decision, the Police Association no longer uses the GLI beneficiary forms. Existing forms held at the association have been destroyed.

Now, in the case of the death of a member, the GLI benefit (currently $300,000) will be paid to his or her estate.

Accordingly, the association’s strong advice is that you ensure that your estate is well-administered. This is best achieved by having a valid will. Tindall Gask Bentley Lawyers provides a free legal advice service to Police Association members and their families, and retired members. To make an appointment to receive free preliminary legal advice covering all areas of law, particularly families and wills, members should contact the Police Association (08 8212 3055).