AN160268 – Public Service Award 1992
(1) Entitlement
(a) The employer shall credit each permanent officer with the following sick leave credits, which shall be cumulative:
Sick Leave on full pay |
Sick Leave on half pay | |
On the day of initial appointment |
37.5 hours |
15 hours |
On completion of 6 months continuous service |
37.5 hours |
22.5 hours |
On the completion of 12 months continuous service |
75 hours |
37.5 hours |
On the completion of each further period of 12 months continuous service |
75 hours |
37.5 hours |
(b) An officer employed on a fixed term contract for a period greater than 12 months, shall be credited with the same entitlement as a permanent officer. An officer employed on a fixed term contract for a period less than 12 months, shall be credited with the same entitlement on a pro rata basis for the period of the contract.
(c) A part-time officer shall be entitled to the same sick leave credits, on a pro rata basis according to the number of hours worked each fortnight. Payment for sick leave shall only be made for those hours that would normally have been worked had the officer not been on sick leave.
(d) The provisions of this clause do not apply to casual officers.
(2) Evidence
(a) An application for sick leave exceeding two consecutive working days shall be supported by evidence to satisfy a reasonable person.
(b) The amount of sick leave granted without the production of evidence to satisfy reasonable person required in paragraph (a) of this subclause shall not exceed, in the aggregate, 5 working days in any one-credit year.
(3) Where the employer has occasion for doubt as to the cause of the illness or the reason for the absence, the employer may arrange for a registered medical practitioner to visit and examine the officer, or may direct the officer to attend the medical practitioner for examination. If the report of the medical practitioner does not confirm that the officer is ill, or if the officer is not available for examination at the time of the visit of the medical practitioner, or fails, without reasonable cause, to attend the medical practitioner when directed to do so, the fee payable for the examination, appointment or visit shall be paid by the officer.
(4) If the employer has reason to believe that an officer is in such a state of health as to render a danger to fellow officers or the public, the officer may be required to obtain and furnish a report as to their condition from a registered medical practitioner nominated by the employer. The fee for any such examination shall be paid by the employer.
(5) Where an officer is ill during the period of annual leave and produces at the time, or as soon as practicable thereafter, medical evidence to the satisfaction of the employer that as a result of the illness the officer was confined to their place of residence or a hospital for a period of at least seven consecutive calendar days, the employer may grant sick leave for the period during which the officer was so confined and reinstate annual leave equivalent to the period of confinement.
(6) Where an officer is ill during the period of long service leave and produces at the time, or as soon as practicable thereafter, medical evidence to the satisfaction of the employer that as a result of illness the officer was confined to their place of residence or a hospital for a period of at least 14 consecutive calendar days, the employer may grant sick leave for the period during which the officer was so confined and reinstate long service leave equivalent to the period of confinement.
(7) An officer who is absent on leave without pay is not eligible for sick leave during the currency of that leave without pay.
(8) No sick leave shall be granted with pay, if the illness has been caused by the misconduct of the officer or in any case of absence from duty without sufficient cause.
(9) Where an officer who has been retired from the Public Service on medical grounds resumes duty therein, sick leave credits at the date of retirement shall be reinstated. This provision does not apply to an officer who has resigned from the Public Service and is subsequently reappointed.
(10) Workers' Compensation
Where an officer suffers a disability within the meaning of Section 5 of the Workers’ Compensation and Injury Management Act 1981, which necessitates that officer being absent from duty, sick leave with pay shall be granted to the extent of sick leave credits. In accordance with Section 80(2) of the Workers’ Compensation and Injury Management Act 1981 where the claim for worker’s compensation is decided in favour of the officer, sick leave credit is to be reinstated and the period of absence shall be granted as sick leave without pay.
(11) War Caused Illnesses
(a) An officer who produces a certificate from the Department of Veterans' Affairs stating that the officer suffers from war caused illness may be granted special sick leave credits of 112 hours 30 minutes (15 standard hour days) per annum on full pay in respect of that war caused illness. These credits shall accumulate up to a maximum credit of 337 hours and 30 minutes (45 standard hour days), and shall be recorded separately to the officer's normal sick leave credit.
(b) Every application for sick leave for war caused illness shall be supported by a certificate from a registered medical practitioner as to the nature of the illness.
(12) Portability
(a) The employer shall credit an officer additional sick leave credits up to those held at the date that officer ceased previous employment provided:
(i) immediately prior to commencing employment in the Public Service of Western Australia, the officer was employed in the service of:
(ii) the officer's employment with the Public Service of Western Australia commenced no later than one week after ceasing previous employment.
(b) The maximum break in employment permitted by subparagraph (a)(ii) of this subclause, may be varied by the approval of the employer provided that where employment with the Public Service of Western Australia commenced more than one week after ceasing the previous employment, the period in excess of one week does not exceed the amount of accrued and pro rata annual leave paid out at the date the officer ceased with the previous employer.
