AN150140 – Social and Community Services Award
CLAUSE 7.2 PERSONAL LEAVE – INJURY AND SICKNESS
OPDATE 07:03:2006 on and from
7.2.1 Entitlement to personal leave
An employee (other than a casual employee) who has a personal leave credit:
(a) is entitled to take personal leave if the employee is too sick to work;
(b) and 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 days. Personal leave so taken does not count as annual leave.
Without limiting the above provisions, up to three days personal leave absence may occur without the production of a medical certificate provided that the employer may require other reasonable evidence justifying such absences.
7.2.2 Accrual of personal leave entitlement
7.2.2.1 An employee’s entitlement to personal leave accrues as follows:
(a) In the first year of continuous service personal leave credit will accrue at the rate of 1.46 hours for each completed 38 ordinary hours of work to a maximum of 76 hours, and
(b) For each subsequent year of continuous service, at the beginning of each year:
(i) a full time employee accrues 76 hours; or
(ii) a part time employee accrues pro rata hours in accordance with the following formula: the personal leave entitlement will be proportionally based on the ratio which the number of hours worked each week bears to 38.
76 |
x |
average weekly ordinary hours |
38 |
over the previous 12 months. |
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 impractical to give the notice before the absence begins, the notice is validly given if given as soon as practicable and not later than 24 hours after the absence 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 for the period of personal leave.
7.2.4 Programmed day off
7.2.4.1 Where an employee is absent due to personal illness on the working day before, and/or the working day after a programmed day off, the employee will not be entitled to payment for such work day(s), unless the employee produces a medical certificate or a statutory declaration.
7.2.4.2 Where an employee is absent due to personal illness on a programmed day off, such day will stand as the programmed day off and the employee will not be permitted to substitute another day for the programmed day. The employee will not be entitled to personal leave pay in addition to payment for the programmed day off and the day will not be debited as personal leave.
7.2.4.3 Where an employee has been informed that the employee will be required to work on a programmed day off, and is subsequently absent on that day due to personal illness the day will be paid as the programmed day off and a substitute day will not be granted.
