AN120058 – Boarding House Staff (Independent Schools) (State) Award 2004
An employee, with the exception of a casual employee who is unable to attend for duty during the employee's working hours by reason of personal illness or incapacity not due to the employee's own serious and wilful misconduct, shall be entitled to be paid for the time of such non-attendance subject to the following:
(i) The employee shall not be entitled to paid leave of absence for any period in respect of which the employee is entitled to worker’s compensation.
(ii) The employee shall, as soon as reasonably practicable and in any case prior to what would have been the normal commencement time, inform the employer of the employee's inability to attend for duty and, as far as possible, state the nature of the illness or incapacity and the estimated duration of absence.
(iii) Other than in respect of the first two days absence in respect of sickness in any year an employee shall, upon request, provide a medical certificate addressed to the employer or, if the employer requires, to the school medical officer. Notwithstanding the foregoing the employer may require other evidence of sickness.
(iv) Service before the first pay period commencing on or after 1 May 1995 shall be taken into account for the purpose of calculating the annual entitlement to sick leave. Service prior to that date shall not be taken into account in determining accumulated sick leave entitlements provided that an employee shall retain sick leave, if any, accumulated pursuant to a contract of employment prior to that date.
(v) The employee shall, in respect of any year of continued employment, be entitled to paid sick leave for seven days during the employee's first year of service, and ten days during each subsequent year of service. Any period of paid sick leave allowed by the employer to an employee in any such year shall be deducted from the period of sick leave which may be allowed or carried forward under this award in respect of such year.
(vi) If the full period of sick leave is not taken in any year, the whole or any untaken portion shall be cumulative from year to year. Current sick leave entitlements shall be exhausted before accumulated leave is taken.
(vii) For the purposes of this clause a year means a year of service.
(viii) Notwithstanding the provisions of subclause (v) of this clause, the sick leave entitlement of a part-time employee shall be in that proportion which the number of hours rostered to be worked by the part-time employee in a week bears to the number of hours rostered to be worked in a week by a full-time employee at that boarding house.
