AN120012 – Aged Care Industry (Broken Hill) Award
(a) An employee shall not be entitled to a sick leave credit until after three months consecutive service, at which time, the initial entitlement shall be:
(i) a credit of 76 hours for a full time employee; and
(ii) the average weekly ordinary hours in the preceding three months, for a permanent part-time employee.
(b) A full-time employee shall receive an annual sick leave credit of 76 hours of work on full pay, on the anniversary date of commencement, for each year of continuous service.
(c) A permanent part-time employee, on the anniversary date of commencement, shall be credited with a sick leave entitlement of a similar order, based on the average weekly hours of employment in the preceding year.
(d) All sick leave absences shall require the furnishing of a medical certificate, provided however that the employer may dispense with the requirements of a medical certificate where the absence is less than three days, or where, in the employer's opinion, the circumstances are such as not to warrant such requirements.
(e) The employer shall not change the rostered hours of work of an employee fixed by the roster or rosters applicable to the seven days immediately following the commencement of sick leave, merely by reason of the fact that the employee is on sick leave.
(f) Each employee shall take all reasonable steps to inform the employer as early as possible, and preferably prior to the commencement of duty, of his/her inability to attend for duty. That advice should include as far as possible an estimate of the likely duration of the absence.
(g)
(i) An employee shall not be entitled to sick leave on full pay for any period in respect of which such employee is entitled to workers' compensation payments at full ordinary rate; provided however, that where an employee is not in receipt of such full ordinary compensation rate, an employer shall pay to an employee who has sick leave entitlements under this clause, the difference between the amount received as workers' compensation and full pay.
(ii) At the discretion of the employer, existing sick leave credits may be used by the employee pending resolution of any worker's compensation claim. Where and when liability is accepted, the sick leave taken shall be re-credited.
(iii) The employee's sick leave entitlement under this clause shall for each week during which such difference is paid, be reduced by the proportion of hours which the difference bears to full pay. On the expiration of available sick leave credits, weekly compensation payments only shall be payable. Provided that this subclause shall not apply where an employee unreasonably refuses to undergo a rehabilitation program.
(h) Illness during annual leave, when such illness exceeds one week of annual leave and is covered by a medical certificate, or other evidence satisfactory to the employer, shall be regarded as sick leave, and the employee's annual leave shall be re-credited with an equivalent number of days.
