Aboriginal Legal Rights Movement Inc. (SA) Award, 1999

AP766925 - Aboriginal Legal Rights Movement Inc. (SA) Award, 1999

PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 

7.1 PERSONAL LEAVE

[7.1 Sick leave title changed and substituted by PR969420 ppc 21Feb06]

7.1 The provisions of this clause apply to full-time and regular part-time employees (on a pro rata basis) but do not apply to casual employees. The entitlements of casual employees are set out in clause .

7.1.1 Definitions

The term immediate family includes:

7.1.1.1 spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis; and

7.1.1.2 child or an adult child (including an adopted child, a step child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

7.1.2 Amount of paid personal leave

7.1.2(a) Paid personal leave will be available to an employee, when they are absent:

• due to personal illness or injury; or
• for the purposes of caring for an immediate family or household member who is sick and requires the employee’s care and support or who requires the employee’s care due to an unexpected emergency.
• 7.1.2(b) An employee who, after one months’s service with the Movement, is absent from work on account of personal illness or incapacity due to any cause, is entitled to personal leave at the rate of one working day per month

7.1.2(c) The amount of paid personal leave for the purpose of caring for an immediate family or household member is to be deducted from:

• The bereavement leave entitlement provided for in clause 7.4 until exhausted; and then
• The amount of the employee’s personal leave credit.

7.1.3 Accumulation of personal leave

Personal leave allowable under this clause is cumulative.

7.1.4 The effect of workers’ compensation

An employee is not entitled to paid sick leave for any period covered by workers compensation or sickness benefits.

7.1.5 Personal leave for personal injury or sickness

An employee is entitled to use the full amount of their personal leave entitlement including accrued leave for the purposes of personal illness or injury, subject to the conditions set out in this clause.

7.1.6 Personal leave to care for an immediate family or household member

7.1.6(a) An employee is entitled to use up to 10 days personal leave, including accrued leave, each year to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency, subject to the conditions set out in this clause.

7.1.6(b) By agreement between an employer and an individual employee, the employee may access an additional amount of their accrued personal leave for the purposes set out in 7.7.1 beyond the relevant limit set out in 7.7.1 In such circumstances, the employer and the employee shall agree upon the additional amount that may be accessed.

7.1.7 Employee must give notice

7.1.7(a) When taking leave for personal illness or injury, the employee must, as soon as practicable inform the employer of their inability to attend at work, and state the nature of the illness or incapacity and the anticipated period of their expected absence.

7.1.7(b) When taking leave to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, the notice must include:

• The name of the person requiring care and support and their relationship to the employee;
• The reasons for taking such leave; and
• The estimated length of absence.

7.1.8 Evidence supporting claim

7.1.8(a) When taking leave for personal illness or injury, the employee must prove to the satisfaction of the employer that they were unable to attend for duty on account of illness, on the days for which sick leave is claimed. After two (2) working days of sick leave the employer is entitled to request a medical certificate as proof of illness.

7.1.8(b) When taking leave to care for members of their immediate family or household who are sick and require care and support, the employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to required care by another.

7.1.8(c) When taking leave to care for members of their immediate family or household who require care due to an unexpected emergency, the employee must, if required by the employer, establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

7.1.9 Unpaid personal leave

Where an employee has exhausted all paid personal leave entitlements, they are entitled to take unpaid personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. The employer and the employee shall agree on the period. In the absence of agreement, the employee is entitled to take up to two days (up to a maximum of 16 hours) of unpaid leave per occasion, provided the requirements of 7.1.7 and 7.1.8 are met.