Home - Can a personal leave period include a lunch break?
May 06, 2022 on chapter Personal/carer’s leave

We have an employee who took her child for a medical appointment over the lunch period. The lunch period is 1 hour, but the employee was absent for 2 hours. She wishes to claim personal leave for the whole period. Should the personal leave instead only cover the hour that was not the lunch period?

Generally, an employee can only claim personal leave on ordinary hours of work. The Fair Work Act 2009 (Cth) does not consider lunch breaks as part of an employee’s ordinary hours of work. This means an employee cannot claim lunch breaks as part of their personal leave entitlement. Therefore, in the scenario you have outlined, an employee could only claim personal leave for 1 hour (excluding their lunch break).

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