AN160068 – Clerks (Unions and Labor Movement) Award 2004
(1) (a) An employee who is unable to attend or remain at his/her place of employment during the ordinary hours of work by reason of personal ill health or injury shall be entitled to payment during such absence in accordance with the following provisions.
(b) Entitlement to payment shall accrue at the rate of 1/26 (one twenty sixth) of a week for each completed week of service.
(c) If in the first or successive years of service with the employer an employee is absent on the ground of personal ill health or injury for a period longer than the employee’s entitlement to paid sick leave, payment may be adjusted at the end of that year of service, or at the time the employee’s services terminate if before the end of that year of service, to the extent that the employee has become entitled to further paid sick leave during that year of service.
(2) Unused portions of paid sick leave shall accumulate from year to year.
(3) An employee shall as soon as reasonably practicable advise the employer of his/her inability to attend for work, the nature of their illness or injury and the estimated duration of the absence.
(4) An employee shall not be required to produce proof with respect to absences of two days or less unless after two such absences in any year of service the employer requests in writing that the next and subsequent absences in that year if any, shall be accompanied by such proof.
(5) (a) An employee who suffers personal ill health or injury during the time when he/she is absent on annual leave and an employee may apply for and the employer shall grant paid sick leave in place of paid annual leave.
(b) Application for replacement shall be made within seven days of resuming work and then only if the employee was confined to his/her place of residence or a hospital as a result of his/her personal ill health or injury for a period of seven consecutive days or more and the employee produces proof that the employee was so confined.
(c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the employee was entitled at the time he/she proceeded on annual leave and shall not be made with respect to fractions of a day.
(d) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 19. - Annual Leave shall be deemed to have been paid with respect to the replaced annual leave.
(6) For the purposes of this clause “proof” means a certificate from a medical practitioner or evidence that would satisfy a reasonable person.
