AN120149 – Commercial Travellers, &C., (State) Award
Each employee who has completed three months continuous service and who is absent from work on account of personal illness or injury shall be entitled to leave of absence with pay subject to the following conditions and limitations:
(i) An employee shall, within twenty-four hours of the commencement of such absence, 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 the estimated duration of absence.
(ii) An employee shall not be entitled to single days of paid sick leave on more than two occasions in any one year of service unless he/she produces to the employer a certificate from a qualified medical practitioner to the effect that he/she is unfit for duty on account of personal illness or injury by accident. Nothing in this paragraph shall limit the employer's rights to have the employee prove, to the employer's satisfaction, that he/she was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed.
(iii) Subject to sub-clause (iv) of this clause an employee shall not be entitled in respect of the first year of service to sick pay for more than five days or for more than eight days for each year of service in the second and subsequent years of service.
(iv) Sick leave shall accumulate from year to year so that any balance of the period specified in sub- clause (iii) of this clause which has, in any one year, not been allowed to an employee by the employer as paid sick leave may be claimed by the employee and subject to the conditions herein prescribed shall be allowed by the employer in any subsequent year without diminution of the sick leave prescribed in respect of that year.
(v) Service before the date of commencement of this award shall be counted for the purpose of assessing the annual sick leave entitlement but shall not be taken into consideration in arriving at the period of accumulated leave. Accumulated leave at the credit of the employee at the commencement of this award will not be increased or reduced by the operation of this clause.
(vi) Where an employee is absent from employment on the working day or part of the working day immediately preceding or immediately after -
(a) a holiday, as defined in clause 31, Holidays; or
(b) before or after a period of annual leave during which a holiday or holidays occur as defined; without reasonable excuse, the employer's consent, or such other evidence as the employer may require, the employee shall not be entitled to payment for such holiday or holidays.
