AN120019 - Animal Welfare, General (State) Award
(i) An employee who is unable to attend for duty during ordinary working hours by reason of personal illness or incapacity not due to the employee's own serious and wilful misconduct during the first year of employment, shall be entitled to sick leave on the following bases:
(a)
After the first 3 months of continuous service |
1 day's pay |
4 months' completed service |
2 days' pay |
6 months' completed service |
3 days' pay. |
8 months' completed service |
4 days' pay |
10 months' completed service |
5 days' pay |
(b) Any employee who completes the service as outlined in paragraph (a) of this subclause shall receive paid sick leave for any unpaid sick leave taken prior to the respective qualifying period.
(c) Employees shall not be entitled to paid leave of absence for any period in respect of which the employee is entitled to payment under the Workers' Compensation Act 1987.
(d) Where possible, the employee shall, as soon as reasonably practicable, inform the employer of his/her inability to attend for duty and, as far as possible within two hours of the commencement of such absence, state the nature of the injury or illness and the estimated duration of the absence.
(e) The employee shall furnish to the employer such evidence as the employer may desire that the employee was unable, by reason of such illness or injury, to attend for duty on the day or days for which sick leave is claimed. Provided, however, that this shall not apply to two single day absences in any year, for which statutory declarations shall be sufficient.
(f) Subject to subclause (iii) of this clause, the employee shall not be entitled (whether in the employ of any one employer or several employers) to be paid sick leave in excess of five days in the first year of employment, eight days in the second year of employment and 10 days in the third and subsequent years of employment.
(g) Subject to paragraphs (e) and (f) of this subclause, provided that an employee has been employed for three months, any sick leave taken during that time shall be paid for at the end of the said three months.
(ii) Definition of Week —
For the purposes of this clause, "week" means:
(a) in the case of part-time employees : the number of ordinary weekly hours regularly worked by such employees; or
(b) in the case of other employees : 38 hours.
(iii) Cumulative Sick Leave — The rights under this clause shall accumulate from year to year, so that any part of the week which has not been allowed in any year may, subject to the conditions prescribed by this clause, be claimed by the employee and shall be allowed by the employer in any subsequent year of employment.
(iv) Definition of Continuous Service —
(a) For the purpose of this clause, continuous service shall be deemed not to have been broken by :
(1) any absence from work on leave granted by the employer; or
(2) any absence from work by reason of personal illness, injury or other reasonable cause (proof whereof shall, in each case, be upon the employee).
(b) Service before the date of coming into force of this award shall be taken into account in computing the qualifying period of three months.
(v) No employee shall be eligible for sick leave on rostered days off duty arising from the introduction of a 38-hour week.
