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Fair Work Information Statement
GitLab does not plan to offer Private Health Insurance at this time because Australians can access the public health system for free or at a lower cost through Medicare (funded by tax).
Please note, Medicare doesn't cover all costs and other health services. Depending on the treatment, tests required and medications, individuals may still have to pay out of pocket. Some individuals may also have to pay a Medicare levy and a Medicare levy surcharge. These individuals can avoid the surcharge by taking out private health insurance.
GitLab will make superannuation contributions directly to the team member's nominated super fund according to the Australian Government Super Guarantee rate which is currently set at 10.5% of the team member's total salary, with a quarterly cap of $6,323.10 AUD. Super is on top of the salary listed in the compensation calculator/contract.
Super payment due dates has been a common topic in #loc_australia. However, there is no reason to worry when payments do not happen monthly as they may be done quarterly.
The Australian Taxation Office (ATO) states the following:
You pay super for eligible employees calculated from the day they start with you. You must make the payments at least four times a year, by the quarterly due dates.
Payments due dates can be found on the ATO website.
Team members in Australia have the option to make concessional super contributions by sacrificing some of their pre-tax pay and arrange to have it paid into their superfund instead. The combined total of GitLab and salary sacrificed contributions must not be more than $27,500 per financial year.
Salary Sacrifice FAQ
GitLab does not plan to offer life insurance at this time as Australians can access government payments and services if they get ill, injured or have a disability. Most Australians who choose to have life insurance take out cover from their super fund.
GitLab renews the Workers' Compensation premium annually for each state. Premium are based on the annual declared wages.
Below are the list of Workers' Compensation regulator for each state:
| State | Regulator |
|---|---|
| NSW | iCare Worker Insurance |
| QLD | WorkCover |
| NT | WorkCover |
| SA | ReturnToWorkSA |
| TAS | Allianz |
| WA | WorkCover |
| VIC | WorkSafe |
If you need to file a claim, kindly reach out to the Payroll Team or email nonuspayroll@gitlab.com.
Certain groups in the Engineering division are expected to participate in on-call for business continuity and/or customer support. For more details on the on-call procedure, please reference the on-call page. The purpose of this section is to provide an overview of time in lieu that will be offered for the Development and Infrastructure departments effective February 1, 2021. We will continue to review and implement to other departments within Engineering iteratively.
With our global team, we strive for a "follow the sun" model for on-call rotation. This way, team members can participate in on-call during their daytime rather than their nighttime in their respective regions (APAC, EMEA and AMER). In APAC, the majority of the team members are located in Australia. We want to ensure engineers in Australia are 1) eligible for on-call shifts, and 2) stay aligned with local laws to ensure proper rest/recovery time after on-call shifts.
Engineers based in Australia who are part of the Development and Infrastructure departments will be eligible for time in lieu after on-call shifts. Time in lieu is time off from work that is granted to team members to work outside of standard working hours (I.E. ordinary hours).
For weekend shifts please be particularly mindful about managing your time to ensure you are not exceeding a 38 hour work-week, and feel free to leverage our unlimited PTO policy to complement time in lieu.
Note: The full shift (state of readiness) is compensated by time in lieu - rather than only the "actual time worked"
If you need additional time to ensure a good work/life balance, on top of the time in lieu, you can leverage our Unlimited PTO policy as described here.
Time in lieu should be taken within 2 weeks after completion of the on-call shift. We want to ensure that time in lieu is taken close to the on-call shift to ensure that team members have sufficient time to rest.
No, only on-call shifts outside of working hours (I.E. weekends, evenings, etc.). Please note that not all teams require weekend or evening on-call shifts, so this may not be applicable for all.
Time in lieu should be requested via PTO by Deel by selecting the On-Call Time in Lieu option.
Vacation in PTO by Deel to ensure that leave entitlements are properly tracked. For team members who are not covered by a modern award or enterprise agreement, they may be asked to take a period of paid annual leave if such request is reasonable, such as when a team member has accrued an excessive amount of paid annual leave.Sick and carer's leave (also known as personal leave or personal / carer's leave) lets an employee take time off to help them deal with personal illness, caring responsibilities and family emergencies. Team members will be entitled to personal/carer’s leave in accordance with the Fair Work Act 2009 (Cth) as varied from time to time.
Paid Carer's Leave:
Currently team members are entitled to 10 days of paid personal/carer’s leave for each year of continuous service for full-time team members and pro rata for part-time team members based on ordinary hours of work. - Personal/carer’s leave is cumulative and accrues progressively. - This leave runs concurrently with GitLab's PTO policy.
Eligibility:
A team member can take paid carer's leave to care for or support a member of their immediate family or household who is sick, injured or has an unexpected emergency.
An immediate family member is a:
*This definition includes step-relations (for example, step-parents and step-children) as well as adoptive relations
How to Apply:
Out Sick in PTO by Deel to ensure that leave entitlements are properly tracked.
Unpaid Carer's Leave:
All team members are entitled to 2 days unpaid carer’s leave.
Eligibility:
Team Members are eligible for 2 days unpaid carer’s leave each time an immediate family member or household member of the employee needs care and support because of:
Full-time team members can only get unpaid carer’s leave if they don’t have any paid sick / carer’s leave left.
An immediate family member is a:
*This definition includes step-relations (for example, step-parents and step-children) as well as adoptive relations.
Unpaid carer’s leave can be taken:
How to Apply:
Out Sick in PTO by Deel to ensure that leave entitlements are properly tracked.
Vacation in PTO by Deel to ensure that leave entitlements are properly tracked.All team members are entitled to 2 days of paid compassionate leave if:
An immediate family includes:
Immediate family members may also include:
Team Members can take compassionate leave for other relatives (for example, cousins, aunts and uncles) if they are a member of the employee's household or if their employer agrees.
This leave runs concurrently with GitLab PTO. Team members should select Bereavement Leave in PTO by Deel to ensure that leave entitlements are properly tracked.
Public Holiday in PTO by Deel to ensure that statutory entitlements are properly tracked.Mandatory Civilian Service in PTO by Deel to ensure that statutory entitlements are properly tracked.Statutory Leave Entitlement
All team members are entitled to up to 12 months of unpaid parental leave if they have been at GitLab for at least 12 months. They can also request up to 12 months of additional unpaid parental leave.
Australian Government Parental Leave Payment Team members must pass the income test to be eligible for the government's Parental Leave payments. If a team member is not eligible, GitLab will provide 100% of their wages for up to 16 weeks of leave.
Applying for Parental Leave in Australia
Parental Leave label.Record-keeping for paid Parental Leave:
Pay slips for Parental Leave payments:
Team members are entitled to a minimum of four weeks’ annual leave per year. Annual leave does not expire and can be carried over each year, but GitLab may set expectations on how much annual leave employees may accumulate and may require employees to take entitled leave with 14 days notice. Annual leave runs concurrently with GitLab PTO. Team members must select the Vacation option in PTO by Deel when taking vacation time to ensure that annual leave entitlement is properly tracked.
New Zealand employment law requires that work on a formal Public Holiday, including on-call, is compensated with time-in-lieu. Overtime pay is also required in certain situations, for example: whether the on-call shift fell on a "normal" working day or not, and whether the team member was called to work during their on-call shift. The policy linked above covers for the time-in-lieu requirement but we do not yet have a set mechanism for handling overtime pay requirements.
New Zealand-based team members may not be on-call on a New Zealand Public Holiday, and must seek/find a replacement for any shifts where they may be indicated as being on call on a Public Holiday. To ensure we remain compliant with local laws we team members to consider local laws when volunteering for/accepting shifts.
The process is as follows:
Note: To stay in compliance with local laws we would follow the New Zealand government website with regards to compensation for worked time during on-call.
If in any year the team member doesn’t meet the criteria, then they don’t get any new sick leave entitlement, but can use their sick leave balance which may have carried over. An employee may re-qualify for sick leave as soon as they meet the criteria. The maximum amount of sick leave that can be accumulated under the Holidays Act 2003 is 20 days.
How to Apply:
Designate any time off for illness as Out Sick in PTO by Deel to ensure that sick leave entitlement is properly tracked.
Injured Leave
How to Apply:
Team members must designate time off for injury as Out Sick or Vacation in PTO by Deel if they wish to use sick leave or annual leave for the first week of an injury.
Primary Carer Leave
Parental Leave
Extended Leave
Special Leave
Out Sick in PTO by Deel, you may email leaves@gitlab.com with the date(s) that you will be taking special leave.Partner Leave
Parental Leave in PTO by Deel to ensure that their time off is properly tracked.Parental Leave category in PTO by Deel at least 30 days before your leave starts.
How to Apply:
leaves@gitlab.com to report their leave.
Out Sick in PTO by Deel.For more information related to this policy, please reivew the Employment New Zealand website
How to Apply:
leaves@gitlab.com as soon as possible to notify them of the first date of leave and, if possible, the end date of their leave.Mandatory Civilian Service in PTO by Deel to ensure that statutory entitlements are properly tracked.For more information related to this policy, please reivew the Employment New Zealand website
Public Service/Volunteer in PTO by Deel to ensure that statutory entitlements are properly tracked.For more information related to this policy, please reivew the Employment New Zealand website
Jury Duty in PTO by Deel to ensure that statutory entitlements are properly tracked.For more information related to this policy, please reivew the Employment New Zealand website
All team members who have been employed for six months are entitled to three days of paid leave in the event of the death of a spouse or partner, parent, child, sibling, grandparent, grandchild, or parent of a spouse or partner, and one day in the event of the death of another person not previously listed.
Bereavement Leave in PTO by Deel to ensure that statutory entitlements are properly tracked.For more information related to this policy, please reivew the Employment New Zealand website.
All team members who have been employed for a six month continuous period are entitled to 10 days of paid leave if they have been affected by family violence.
Out Sick in PTO by Deel to ensure that statutory entitlements are properly tracked.For more information regarding this policy, please reivew the Employment New Zealand website.
GitLab and its team members need to work together to protect New Zealand and keep each other safe during the global COVID-19 pandemic. This means that normal obligations to keep in regular contact and to act in good faith are more important than ever.
Out Sick in PTO by Deel to ensure that statutory entitlements are properly tracked.For more information pleave review the Employment New Zealand website.
A GitLab team member may use Garden Leave when they have provided their resignation and a Garden Leave is mutually agreed upon by both the team member and GitLab. Team members can not be forced to take a Garden Leave, but both the team member and GitLab may find it useful in the following situations:
The team member has access to commercially sensitive information and is going to be working for a competitor at the end of their notice period. Any limit of trade provision would take effect after the employee’s employment ends. However, employers should be aware that if an employee’s employment agreement contains both a garden leave provision and a restraint of trade provision, the period the employee is on garden leave may be taken into consideration in working out whether or not the restraint of trade provision is reasonable (and therefore enforceable). The restraint of trade provision takes effect after the end of the garden leave period.
Is distracting other team members while they're in their notice period
Is being made redundant and the employer is not requiring them to report to work during their notice period so they can look for other job opportunities while they can still say they’re currently employed
Has been dismissed on notice and their presence is creating an uncomfortable atmosphere for everyone.
Team members must designate this time off as Vacation in PTO by Deel to ensure that statutory entitlements are properly tracked.
For more information pleave review the Employment New Zealand website
Leave without pay is when GitLab allows an team member time off work when they would otherwise be working, but doesn’t pay them for this time. Leave without pay (LWOP) doesn’t end an team member’s employment, and usually the team member returns to their same position and terms and conditions after taking leave without pay (unless the employee and team member agree otherwise). Leave without pay can affect the employee's annual holidays payment and entitlement in some situations.
Out Sick in PTO by Deel.For more information regarding Leave without Pay, please review the Employment New Zealand's website.
While not a legal requirement, long service leave may be negotiated between a team member and GitLab as additional entitlements under their employment agreement.
Vacation in PTO by Deel.GitLab does not plan at this time to offer Private Health Insurance benefits because New Zealand residents can access free or subsidised medical care in New Zealand through the public healthcare system. Injuries and accidents are covered by the Accident Compensation Corporation.
GitLab's KiwiSaver contributions will be 3% on top of base salary. Team members will automatically be enrolled in the KiwiSaver scheme but may elect to opt out within the first 56 days of employment. To opt-out they should follow the process on IRD site. GitLab will deduct a participating team member's contributions from their before-tax pay at the team member's chosen contribution rate (3%, 4%, 6%, 8% or 10%). If a team member does not choose a contribution rate, the default rate of 3% will be used to calculate deductions.
GitLab does not plan at this time to offer Life Insurance benefits because New Zealanders can access government payments and services to help if they get ill, injured or have a disability.