AN120484 – Saddlery, Leather, Canvas and Plastic Material Workers' (State) Award
An employee other than a casual employee who is absent from work on account of personal illness or incapacity due to any cause other than his own misconduct shall be entitled to leave of absence without deduction of pay, subject to the following conditions:
(a) An employee shall not be entitled to paid leave of absence for any period in respect of which he is entitled to workers' compensation.
(b)
(i) An employee shall within 24 hours of the commencement of such absence inform the employer of his inability to attend for duty and as far as practicable state the nature of the illness or incapacity and the estimated duration of the absence.
(ii) Where practicable, an employee shall notify the employer of the prospective absence prior to the commencement of the first period of work for which the employee will be absent.
(c) An employee before becoming entitled to sick pay shall, if required to do so by the employer, produce a doctor's certificate, statutory declaration, or other sufficient evidence of sickness. Any dispute arising from this subclause shall be decided by the Industrial Committee.
(d) An employee absent through illness or incapacity shall not be entitled in his first year (whether in the employ of one employer or several), except as hereinafter provided, to leave in excess of 5 days and in his second and subsequent years he/she shall not be entitled to leave in excess of 8 days. For this purpose a year shall commence on the 1st day of July.
(e) An employee employed under any system of payment by results (clause 28 of this award) entitled to paid leave of absence under this clause shall be paid at the time-work rate applicable to his classification.
(f) An employer in the first 6 months of employment of an employee shall not be liable to pay the employee for more than 3 1/3 hours absence owing to such ill health or incapacity in respect of each completed month of employment with that employer.
(g) If the full period of leave as prescribed above is not granted in any year with an employer, such portion as is not granted shall be cumulative from year to year with that employer up to a period equivalent to the amount of such leave which could be accumulated over a period of twelve years if no such leave was taken in that period which shall be the maximum amount of leave to which any employee may be entitled in any year without deduction of pay.
(h) Service before the date of coming into force of this clause shall be counted as service for the purpose of qualifying thereunder.
