AN140196 – Off-Shore Island Resorts Award - State 2005
7.2.1 Every employee shall become entitled to not less than 60.8 hours' sick leave for each completed year of employment with an employer. Moreover, as respects any completed period of employment of less than one year with an employer, an employee shall become entitled to 7.6 hours' sick leave for each 6 weeks of such period.
7.2.2 Every employee absent from work through illness on the production of a certificate from a duly qualified medical practitioner specifying the nature of the illness of the employee and the period or approximate period during which the employee will be unable to work, or of other evidence of illness to the satisfaction of the employer, and subject to the employee having promptly notified the employer (at least 2 hours prior to the commencement of a shift unless unable to do so) of the illness and of the approximate period aforesaid shall, subject as herein provided, be entitled to payment in full for all time absent from work:
Provided that it shall not be necessary for an employee to produce such a certificate if the absence from work on account of illness does not exceed 2 days. Where an employee has a record of recurring absences or sick leave the employer shall, if it is considered appropriate to take such action, inform such employee that in the event of future absences a certificate will be required from a duly qualified medical practitioner.
7.2.3 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.
(a) The continuity of employment of an employee with an employer for sick leave accumulation purposes shall be deemed to be not broken by any of the following:
(i) absence from work on leave granted by the employer;
(ii) the employee having been dismissed or stood down by the employer, or the employee having terminated employment with the employer, for any period not exceeding 3 months:
Provided that employee shall have been re-employed by that employer.
(b) The period during which the employment of the employee with the employer shall have been interrupted or determined in any of the circumstances mentioned in clause 7.2.3(a) shall not be taken into account in calculating the period of employment of the employee with the employer.
7.2.4 In the event of employees principally engaged as divers and who are required to be subjected to greater than atmospheric pressure suffering any serious illness or injury resulting in inability to perform any work in circumstances in which workers' or accident compensation was not payable, they shall be given an extra 2 weeks' sick leave with the employer having the right to have them medically examined and approved for sick leave by a doctor nominated by the employer. The provision of the extra 2 weeks sick leave is to cover a situation of disabling illness or injury in one year. Disabling illness or injury means an illness or injury which prevents an employee from diving or being subject to greater than atmospheric pressure but not from performing any other activity under the provisions of this Award.
