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AN120130 – Clerical and Administrative Employees in Temporary Employment Services (State) Award

17. SICK LEAVE

(i) Weekly temporary employees shall, subject to the production of a medical certificate or other evidence satisfactory to the employer (which may include a statutory declaration) be entitled to five days' sick leave during the first year of service and eight days during the second and subsequent years of service on full pay: Provided that a statutory declaration shall be sufficient proof of sickness in respect of the first two single days' absence of an employee in any year.

(ii) An employee shall, wherever practicable, within 24 hours of the commencement of absence due to illness or injury, inform the employer of his/her inability to attend for duty and as far as practicable, state the nature of the illness or injury and estimated duration of the absence.

(iii) (a) The payment for any absence on sick leave in accordance with this clause may be withheld by the employer until the employee has completed three months continuous service, at which time the payment shall be made.

(b) Notwithstanding the abovementioned, continuity of service shall not be deemed to have been broken by any absence less than four ordinary working days between assignments in the case of weekly temporary or part-time temporary employees.

(iv) 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.

(v) 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 provided that an employer shall not be bound to credit an employee for sick leave which accrued more than 12 years before the end of the last completed year of service.

(vi) Part-time temporary employees shall, subject to the provisions of this clause, be entitled to a proportionate amount of sick leave. The amount of sick leave to which a part-time temporary employee is entitled in any year shall bear the same ratio to sick leave prescribed during that year of service for weekly temporary employees as the part-time temporary employee's normal ordinary hours of work for a week during such year would have borne to the number of ordinary hours worked by weekly clerical employees in the section or department in which the part-time temporary employee is employed.

(vii) If an award holiday occurs during an employee's absence on sick leave, then such award holiday shall not be counted as sick leave.

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