AN120118 – Charitable, Aged and Disability Care Services (State) Award
(i)
(a) An employee during his/her first year of employment with an employer shall be entitled to sick leave at the rate of 7.6 hours or pro rata thereof on the anniversary date of each of the first three (3) months of continuous service.
(b) Upon completion of four (4) months continuous service the employee shall be entitled to a further 53.2 hours or pro rata thereof sick leave
(ii) A full-time employee shall be entitled to sick leave on ordinary pay by allowing 76 rostered ordinary hours of work for each year of continuous service.
(iii) Part-time employees shall be entitled to sick leave in the same proportion of seventy six hours as the average weekly hours worked over the preceding 12 months or from the time of the commencement of employment, whichever is the lesser, bears to 38 ordinary hours of one week for each year of continuous service. Such entitlements shall be subject to all the conditions applying to full-time employees.
(iv)
(a) An employee, other than a homecare employee, shall notify his/her employer of an absence from work due to illness or injury prior to the commencement of his/her rostered shift or as soon as practicable thereafter, and shall inform the employer of the expected duration of the absence.
(b) A Homecare Employee shall notify his/her employer of an absence from work due to illness or injury at least 3 hours prior to the commencement of his/her rostered shift but in any case no later than 1 hour before the first client where the employee is not prevented from doing so and shall inform the employer of the expected duration of the absence.
(c) An employee who is working in two (2) different classifications shall be paid the relevant pay for the classification he/she would have been working on the day of their sick leave.
(v) Periods of sickness shall not be required to be certified to by a legally registered medical practitioner, excepting where the absence exceeds two (2) consecutive days or where in the employer's opinion the circumstances are such as to warrant such requirements.
(vi) 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.
(vii) An employee shall not be entitled to sick leave on ordinary 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.
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, weekly compensation payments only shall be payable.
Provided that this sub-clause shall not apply where an employee unreasonably refuses to undergo a rehabilitation program.
(viii) For the purpose of determining a full-time employee's sick leave credit as at 1 May, 1985, sick leave entitlement shall be proportioned on the basis of 76:80.
(ix) For the purposes of this clause, service shall mean continuous service with any one employer/organisation.
(x) Any unused sick leave shall remain to the employee's credit.
