AN150039 – Clerks' (South Australia) Award
CLAUSE 7.2 PERSONAL LEAVE – INJURY AND SICKNESS
OPDATE 01:02:2006 on and from
7.2.1 Entitlement to personal leave
An employee (other than a casual employee) who has a personal leave credit:
7.2.1.1 Is entitled to take personal leave if the employee is too sick to work; or
7.2.1.2 Who is on annual leave, is entitled to take personal leave if the person is too sick to work for a period of at least 3 consecutive days. Personal leave so taken does not count as annual leave.
7.2.2 Accrual of personal leave entitlement
7.2.2.1 An employee's entitlement to personal leave accrues as follows:
7.2.2.1(a) For the first year of continuous service - at the rate of 1.46 hours for each completed 38 ordinary hours of work to a maximum of 76 hours.
7.2.2.1(b) For each later year of continuous service, at the beginning of each year:
(i) a full-time employee accrues 76 hours.
(ii) a part-time employee accrues pro rata hours in accordance with the following formula:
76 |
x |
average weekly ordinary hours |
38 |
over the previous 12 months. |
7.2.2.2 An employee's personal leave accumulates from year to year and any personal leave taken by the employee is deducted from the employee's personal leave credit.
7.2.3 Conditions for payment of personal leave
7.2.3.1 The employee is not entitled to payment for personal leave unless:
7.2.3.1(a) The employee gives the employer notice of the sickness, its nature and estimated duration before the period for which personal leave is sought begins (but if the nature or sudden onset of the sickness makes it impracticable to give the notice before the period begins, the notice is validly given if given as soon as practicable and not later than 24 hours after the period begins); and
7.2.3.1(b) The employee, at the request of the employer, provides a medical certificate or other reasonable evidence of sickness.
7.2.3.2 The employee is entitled to payment at the employee's ordinary rate of pay (not including payments in the nature of penalty rates, overtime, allowances or loadings) for a period of personal leave.
