AN150130 – Retail Industry (South Australia) Award
CLAUSE 7.3 PERSONAL LEAVE – INJURY AND SICKNESS
OPDATE 15:03:2006 1st pp on or after
7.3.1 Entitlement to personal leave
7.3.1.1 An employee (other than a casual employee) who has a personal leave credit is entitled to take paid personal leave if the employee is too sick to work.
7.3.1.2 An employee (other than a casual employee) who has a personal leave credit and who is on annual leave is entitled to take paid personal leave if the person is too sick to work for a period of at least 3 days. Personal leave so taken does not count as annual leave.
7.3.2 Accrual of personal leave entitlement
7.3.2.1 An employee’s entitlement to personal leave accrues as follows:
7.3.2.2 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; and
7.3.2.2(a) 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. |
7.3.2.2(b) 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.
7.3.3 Conditions for payment of personal leave
The employee is not entitled to payment for personal leave unless:
7.3.3.1 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
7.3.3.2 The employee, at the request of the employer, provides a medical certificate or other reasonable evidence of sickness.
7.3.3.3 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.
7.3.4 Interpretation
For the purposes of this clause:
7.3.4.1 An employee who is too sick to work includes a person suffering personal injury but it does not include a person suffering an injury for which compensation is payable under the Workers Rehabilitation and Compensation Act 1986 (SA).
7.3.4.2 A part-time employee includes a person who has been employed for part of the year as a full-time employee and part of the year as a part-time employee (in other words, where an employee has been employed during a 12 month period partly as a part-time employee and partly as a full-time employee, the averaging provisions shall be implemented).
7.3.4.3 Reasonable evidence of sickness includes a Statutory Declaration, but only with respect to absences of up to three consecutive days and only with respect to an entitlement to personal leave under clause 7.3.1.
7.3.4.4 Personal leave credit means the entitlement to personal leave that an employee has accrued pursuant to clause 7.3.2 and which is unused. It includes personal leave accrued under any other pre-existing Award, Industrial Agreement, Enterprise Agreement or order of the Commission relating to the industry of the occupations to which this Award relates, provided that the employee remains in the employment of the same employer or, in the event of a transfer of employment within the meaning of clause 1.7.5.1(g), in the employment of a successor, assignee or transmittee of the first employer’s business.
