Ceremonial and cultural leave is a form of leave provided to eligible employees so they can take time off to attend and participate in significant cultural ceremonies. Typically, this type of leave is unpaid, though some sectors, such as health and human services and higher education, do offer paid ceremonial leave options. The primary goal of ceremonial leave is to help Aboriginal and Torres Strait Islander employees balance their work obligations with the needs of their family, community, and cultural practices.

Offering this leave enhances employee engagement and loyalty, reflecting your commitment to acknowledging and respecting diversity in the workplace. Such employment conditions are frequently included in workplace agreements, especially in regions of northern Australia, including the Northern Territory and specific areas in Queensland, South Australia, and Western Australia.

Modern awards

A modern award may prescribe such unpaid leave, so it is best to check. For example, clause 32 of the Aged Care Award 2010 provides that an employee who is legitimately required by Aboriginal tradition to be absent from work for Aboriginal ceremonial purposes will be entitled to up to 10 days unpaid leave in any one year, with the approval of the employer.  Other modern awards that contain an unpaid ceremonial leave clause are as follows:

  • Aboriginal and Torres Strait Islander Health Workers and Practitioners and Aboriginal Community Controlled Health Services Award 2020
  • Health Professionals and Support Services Award 2020
  • Labour Market Assistance Industry Award 2020
  • Medical Practitioners Award 2020
  • Nurses Award 2020
  • Social, Community, Home Care and Disability Services Industry Award 2010

 

Enterprise Agreements

Some enterprise agreements apply to employees and employers who work in the northern parts of Australia (e.g. the Northern Territory and regional areas of Queensland, Western Australia, and South Australia), including a term or terms on ceremonial leave. If this is where your business is located, please double-check your enterprise agreement,