AN150011 – AWU/CFMEU Construction and Maintenance Award (South Australia) 1989

CLAUSE 29. SICK LEAVE
OPDATE 15:03:91 1st pp on or after

(a) An employee other than a casual employee as defined who is absent from work on account of personal illness or on account of injury by accident, other than that covered by workers compensation, shall be entitled to leave of absence, without deduction of pay, subject to the following conditions and limitations:

(i) He 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 injury or illness and the estimated duration of his absence.

(ii) He shall prove to the satisfaction of the employer (or in the event of dispute the Commission) that he was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed.

(iii) An employee during his first year of employment with an employer shall be entitled to sick leave entitlement at the rate of one day at the beginning of each of the first ten calendar months of his first year of employment.

Provided that an employee who has completed one year of continuous employment shall be credited with a further ten days sick leave entitlement at the beginning to his second and each subsequent year, which, subject to subclause (c) hereof shall commence on the anniversary of engagement.

(b) In the case of an employee who claims to be allowed paid sick leave in accordance with this clause for an absence of one day only such employee if in the year he has already been allowed paid sick leave on two occasions for one day only, shall not be entitled to payment for the day claimed unless he produces to the employer a certificate of a duly qualified medical practitioner stating that the employee was unable to attend for duty on account of personal illness or injury. Provided that an employer may agree to accept from the employee a statutory declaration, stating that the employee was unable to attend for duty on account of personal illness or injury in lieu of a medical certificate. Nothing in this subclause shall limit the employer's rights under paragraph (a)(ii) hereof.

(c) Sick leave with an employer shall accumulate from year to year so that any balance of the period specified in paragraph (a)(iii) hereof which in any year has not been claimed by the employee and subject to the conditions herein prescribed shall be allowed by that employer in a subsequent year, without diminution of the sick leave prescribed in respect of that year.

(d) Any sick leave for which an employee may become eligible under this award by reason of service with one employer shall not be cumulative upon sick leave for which the employee may become eligible by reason of subsequent service with another employer.

(e) If an employee is terminated by his employer and is re- engaged by the same employer within a period of six months, then the employee's unclaimed balance of sick leave shall continue from the date of re-engagement.

In such case the employee's next year of service will commence after a total of twelve months has been served with that employer excluding the period of interruption in service from the date of commencement of the previous period of employment or at the anniversary of the commencement of the previous period of employment, as the case may be.