AN120537 – Teachers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) (State) Award 2006
10.1 Entitlement - Any full-time, temporary or part-time teacher shall be entitled to paid sick leave in respect of any absence on account of illness or injury, subject to the following conditions and limitations:
(a) In respect of each year of service with an employer, the period of sick leave shall, subject to subclause 10.2 of this clause, not exceed in any year of service 25 working days on full pay.
(b) A teacher shall not be entitled to paid sick leave for any period in respect of which such teacher is entitled to workers’ compensation.
(c) A teacher shall not be entitled to paid sick leave unless he or she notifies the Principal of the school (or such other person deputised by the Principal) prior to the commencement of the first organised activity at the school on any day, of the nature of the illness and of the estimated duration of the absence; provided that paid sick leave shall be available if the teacher took all reasonable steps to notify the Principal or was unable to take such steps.
(d) The sick leave entitlement of a part-time teacher shall be in that proportion which the number of teaching hours of that teacher in a full school week bears to the number of teaching hours which a full-time teacher at the school is normally required to teach.
(e) A temporary teacher shall be entitled to sick leave in that proportion which the period of appointment of the teacher bears to the length of the school year.
(f) The teacher, if required by the employer, complies with subclause 10.4 of this clause.
10.2 Accumulation - Sick leave shall accumulate from year to year as follows:
(a) Untaken sick leave in any year of service with an employer shall be accumulated, provided that a teacher shall only be entitled to the sick leave accumulated in respect of the six years of continuous service immediately preceding the current year of service and the maximum accumulation shall not exceed 150 days on full pay.
(b) Sick leave which accrues to a teacher at the commencement of a year of service pursuant to subclause 10.1, shall be taken prior to the taking of any sick leave which the teacher has accumulated in accordance with this subclause.
10.3 Evidence of Sickness
(a) In each year, with the exception of the first two days’ absence due to illness, a teacher shall, upon request, provide a medical certificate addressed to the employer or, if the employer requires, to a medical practitioner nominated by the employer.
(b) Where a teacher has taken frequent single days of sick leave, or taken extended sick leave such that the employer requires additional information in relation to the teacher’s sickness, then the employer may take action in accordance with this subclause.
(i) The employer may arrange a meeting in order to clarify the position with the teacher. The employer shall invite the teacher to respond verbally to the issues raised by the employer. If the teacher is a union member, then the teacher may seek union advice and assistance.
(ii) After consideration of the teacher’s response, the employer may
(a) require further evidence of illness; and/or
(b) request the teacher to obtain a second opinion from another doctor at the employer’s cost; and/or
(c) request a more detailed estimation of the likely length of the absence; and/or
(d) require the teacher to obtain a medical report (at the employer’s cost) in relation to the likely period of absence; and/or
(e) discuss with the teacher any other action.
(iii) The teacher may, if a member of the union, request that this matter be discussed at any stage between the union and the employer.
(iv) Action shall only be taken pursuant to (b) of this subclause following consultation between the principal of the school and the Diocesan office.
(v) The parties agree to meet to review the operation of this subclause after the award has been in place for twelve months if either party to the award so requests.
10.4 Portability
(a) A teacher who was previously employed with another Catholic Diocesan Employer or Catholic Independent School as a full-time, part-time or temporary teacher, and is employed with or in a Diocese on or after 3 February 1997, shall be entitled to portability of sick leave in accordance with this subclause.
(b) Untaken sick leave which has accumulated in accordance with subclause 10.2 since 29 January 1996 shall be credited to the teacher as their accumulated sick leave on the commencement of their employment with or in the Diocese.
(c) For a teacher to be eligible for portability of sick leave under this clause, the teacher must satisfy the following criteria:
(i) The teacher has commenced employment with the Diocese within six months or two terms, whichever is the greater, of the teacher’s employment terminating with the other Catholic Diocesan Employer or Catholic Independent School.
(ii) The former Catholic Diocesan employer or Catholic Independent School will provide to each teacher, on the teacher's termination of employment, a completed version of the form set out in Annexure B of this award and the teacher will provide the original completed form to the new Catholic Diocesan employer within four school weeks of the commencement of employment.
(d) For the purpose of this subclause "Catholic Diocesan Employer" shall mean the Archdioceses of Sydney and Canberra/Goulburn and the Dioceses of Broken Bay, Parramatta, Armidale, Bathurst, Lismore, Maitland-Newcastle, Wagga Wagga (and the Trustees of the Diocese of Wagga Wagga), Wilcannia-Forbes and Wollongong; "Catholic Independent School" means an employer respondent to the Teachers (Catholic Independent Schools) (State) Award 2004 published on 18 March 2005 (349 I.G. 395) (as varied from time to time) or any award replacing such award and "Diocese" means a Diocese respondent to this award.
(e) Notwithstanding paragraphs (a) and (b) of this sub-clause, the maximum sick leave portable between Catholic Diocesan employers or Catholic Independent Schools to a Catholic Diocesan Employer shall be 150 days and the sick leave in any one year pursuant to paragraph (a) of sub-clause 10.1 shall not exceed 25 days (with one or more employers).
