AN120192 – Electricians &c. (State) Award
22.1 Entitlement to Sick Leave — An employee on weekly hiring who is unable to attend for duty during his/her ordinary working hours by reason of personal illness, or personal incapacity not due to his/her own wilful misconduct, shall be entitled to leave of absence without deduction of pay subject to the following conditions and limitations:
22.1.1 Subject to the provisions of the relevant Workers Compensation legislation, as amended from time to time, he/she shall not be entitled to paid leave of absence for any period in respect of which he/she is entitled to workers' compensation;
22.1.2 He shall within 24 hours of the commencement of such absence inform his/her employer of his/her inability to attend for duty and as far as possible state the nature of his/her illness or incapacity, and the estimated duration of same;
22.1.3 He shall prove to the satisfaction of his/her employer (or, in the event of a dispute, of the Industrial Commission), 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;
22.1.4 Subject to the provisions of subclause 22.2, Calculation of Sick Leave Entitlement, hereof, he/she shall not be entitled to leave in excess of the following:
(1) After 3 months' continuous service with an employer; 24 hours of ordinary working time; provided that for any absence or absences not exceeding 24 hours during the first 3 months for which the employee would otherwise have qualified for payment in accordance with paragraphs 22.1.1, 22.1.2 and 22.1.3 of this subclause, the employee shall be paid for such absence or absences upon the employee's application for payment after such 3 months.
Provided further that where at the commencement of employment it is agreed that the period of employment shall not exceed 3 months the employee shall be entitled to the provisions of this paragraph from the commencement of employment.
(2) After 6 months' continuous service with that employer, an additional 16 hours of ordinary working time; provided that for any absence or absences not exceeding 40 hours during the first 6 months for which the employee would otherwise have qualified for payment in accordance with paragraphs 22.1.1, 22.1.2 and 22.1.3 of this subclause, and subject to his/her having an untaken balance of sick leave standing to his/her credit, the employee shall be paid for such absence or absences upon the employee's application for payment after such 6 months;
(3) on the anniversary date of his/her first and each subsequent year of service with that employer an additional 64 hours of ordinary working time.
22.2 Cumulative Sick Leave — Sick leave shall accumulate from year to year so that any balance of the period specified in paragraph 22.1.4 of subclause 22.1, Entitlement to Sick Leave, of this clause, which has in any year not been allowed to an employee by an employer as paid sick leave, may be claimed by the employee and, subject to the conditions hereinbefore prescribed, shall be allowed by the employer in a subsequent year without diminution of the sick leave prescribed in respect of that year: Provided that sick leave which accumulates shall be available to the employee for a period of 12 years from the end of the year in which it accrues.
22.3 More Favourable Sick Leave - Subclause 22.1 Entitlement to Sick Leave, 22.2, and 22.2 Cumulative Sick Leave, hereof, shall not apply to employees whose employers grant more favourable sick leave conditions that herein provided.
