AN140115 – Fertilizer Industry Award - State 2003
7.2.1 Entitlement
(a) Every employee, except casuals and school-based apprentices and trainees, is entitled to 8 days' sick leave for each completed year of their employment with their employer.
(b) This entitlement will accrue at the rate of one day's sick leave after each 6 weeks of employment.
(c) Payment for sick leave will be made based on the ordinary number of hours that would have been worked if the employee were not absent on sick leave.
(d) Sick leave may be taken for part of a day.
(e) Sick leave shall be cumulative, but unless the employer and employee otherwise agree, no employee shall be entitled to receive, and no employer shall be bound to make, payment for more than 13 weeks' absence from work through illness in any one year.
(f) Part-time employees accrue sick leave on a proportional basis.
7.2.2 Employee must give notice
The payment of sick leave is subject to the employee promptly advising the employer of the employee's absence and its expected duration.
7.2.3 Evidence supporting a claim
When the employee's absence is for more than 2 days the employee is required to give their employer a doctor's certificate, or other evidence to the employer's satisfaction, about the nature and approximate duration of the illness.
7.2.4 Accumulated sick leave
An employee's accumulated sick leave entitlements are preserved when:
(a) The employee is absent from work on unpaid leave granted by the employer;
(b) The employer or employee terminates the employee's employment and the employee is re-employed within 3 months; or
(c) The employee's employment is terminated because of illness or injury and the employee is re-employed by the same employer without having been employed in the interim.
The employee accumulates sick leave entitlements whilst absent from work on paid leave granted by the employer.
7.2.5 Workers' compensation
Where an employee is in receipt of workers' compensation, the employee is not entitled to payment of sick leave.
