AP791396CRV - National Electrical, Electronic and Communications Contracting Industry Award 1998
[26 Preamble inserted by R4005 ppc 30Jun98]
This clause describes an employee’s (other than a casual employee’s) entitlement to personal leave, that is sick leave, carer’s leave and bereavement leave.
26.1 Amount of paid personal leave
26.1.1 Paid personal leave is available to an employee when he or she is absent due to:
26.1.1(a) Personal illness or injury (sick leave) or;
26.1.1(b) For the purposes of caring for an immediate family or household member that is sick and requires the employee's care and support (carer's leave); or
26.1.1(c) Because of bereavement on the death of an immediate family or household member (bereavement leave).
26.1.2 The amount of personal leave to which an employee is entitled depends on how long he or she has worked for the employer and accrues to a maximum as follows:
26.1.2(a) Victoria
First 6 months |
7 days |
Second 6 months |
3 days |
Second and subsequent years |
10 days |
26.1.2(b) South Australia
1 - 5 months |
7 days |
After first 5 months |
Nil |
Second and subsequent years |
10 days |
26.1.2(c) Australian Capital Territory
After 1 month |
100 hours |
Second and subsequent years |
100 hours |
26.1.2(d) Tasmania
First 6 months |
7 days |
Second 6 months |
5 days |
Second and subsequent years |
12 days |
26.2 Accumulation of personal leave
26.2.1 At the end of the first year of employment unused personal leave accrues by the less of:
26.2.1(a) In Victoria
less the amount of sick leave and carer's leave taken during the year: or
the balance of the year's unused personal leave.
26.2.1(b) In South Australia
less the amount of sick leave and carer's leave taken during the year; or
the balance of the year's unused personal leave.
26.2.1(c) In the Australian Capital Territory
less the amount of sick leave and carer's leave taken during the year; or
the balance of the year's unused personal leave.
26.2.1(d) In Tasmania
less the amount of sick leave and carer's leave taken during the year; or
the balance of the year's unused personal leave.
26.3 Second and subsequent year of employment
At the end of the second and subsequent years of employment, unused personal leave accrues by the less of:
26.3.1 In Victoria
26.3.1(a) 8 days, less the amount of sick leave and carer's leave taken; or
26.3.1(b) the balance of the year's unused personal leave.
26.3.2 In South Australia
26.3.2(a) 8 days, less the amount of sick leave and carer's leave taken; or
26.3.2(b) the balance of the year's unused personal leave.
26.3.3 In Australian Capital Territory
26.3.3(a) 76 hours, less the amount of sick leave and carer's leave taken; or
26.3.3(b) the balance of the year's unused personal leave.
26.3.4 In Tasmania
26.3.4(a) 10 days, less the amount of sick leave and carer's leave taken; or
26.3.4(b) the balance of the year's unused personal leave.
26.4 Maximum amount of accumulated personal leave
Personal leave may accumulate to a maximum of 12 years entitlement set out for each state.
26.5 Immediate family or household
26.5.1 The entitlement to carer's or bereavement leave is subject to the person in respect of whom the leave is taken being either:
26.5.2 The term immediate family includes:
26.5.2(a) 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
26.5.2(b) Child or 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.
26.6.1 Sick leave is leave to which an employee other than a casual is entitled without loss of pay because of his or her personal illness or injury.
26.6.2 The amount of sick leave an employee is entitled to, depends on how long he or she has worked for the employer and accrues as follows:
26.6.2(a) In Victoria
First 6 months |
5 days |
Second 6 months |
3 days |
Second and subsequent years |
8 days |
Cumulative 12 years |
96 days |
26.6.2(b) In South Australia
1 - 5 months |
1 day per month |
After first 5 months |
Nil |
Second and subsequent years |
8 days |
Cumulative 12 years |
96 days |
26.6.2(c) In Australian Capital Territory
After 1 month |
76 hours |
Second and subsequent years |
76 hours |
Cumulative 12 years |
912 hours |
26.6.2(d) In Tasmania
First 6 months |
5 days |
Second 6 months |
5 days |
Second and subsequent years |
10 days |
Cumulative 12 years |
120 days |
26.6.3 On application by the employee during the sixth month of employment, and subject to the availability of an unclaimed balance of sick leave, the employee shall be paid for any sick leave taken during the first five months and in respect of which payment was not made.
26.7 Limitations on sick leave
26.7.1 The employee shall not be entitled to paid leave of absence for any period in respect of which the employee is entitled to workers' compensation or in South Australia where the employee received reimbursement or compensation as a result of a sporting injury.
26.7.2 Within 25 hours of the commencement of sick leave the employee shall inform the employer of inability to attend for duty and as far as practicable state the nature of the injury or illness and the estimated duration of the absence.
26.7.3 The employee shall prove to the satisfaction of the employer that the employee was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed. In the event of a dispute the matter shall be referred under the terms of the disputes settlement procedure under this award.
26.8 Part day absences for sickness (except for Australian Capital Territory)
The employee shall be entitled to take leave for part of a day as well as for a full day or more.
26.9 Proof of sickness (Except for Australian Capital Territory)
26.9.1 Proof of sickness is required where during:
26.9.1(a) the first six months of employment an employee has more than one day's sick leave; or
26.9.1(b) the second six months of employment an employee has had more than two days' sick leave since commencing employment; or
[26.9.1(c) varied by R4005 ppc 30Jun98]
26.9.1(c) the second and subsequent years of employment an employee has had more than two days' sick leave during the previous 12 months, the employee shall not be entitled to payment for the period claimed unless the employee produces to the employer within 48 hours a certificate of a duly qualified medical practitioner stating that the employee was unable to attend for duty on account of personal illness or on account of injury by accident.
26.10 Notification of proof of sickness (Australian Capital Territory only)
Application for sick leave shall be in writing and if sick leave is applied for with pay, the application, where the absence exceeds two consecutive days or the employee has previously been absent for an aggregate of four days without production of a medical certificate during the current year of service, shall be accompanied by a medical certificate or other evidence satisfactory to the employer.
Where an employee is sick or injured on an RDO the employee shall not be entitled to sick pay in addition to the normal weekly pay nor will the employee’s sick leave entitlement be reduced as a result of the sickness or injury that day.
26.12.1 Sick leave shall accumulate from year to year so that any balance of the period specified in the Personal Leave Clause of this award which has in any year not been allowed to any employee by an employer as paid sick leave may be claimed by the employee and subject to the conditions prescribed, shall be allowed by the employer in a subsequent year without diminution of the sick leave prescribed in respect of that year.
26.12.2 Provided that sick leave which accumulates shall be available to the employee for a period of twelve years but for no longer from the end of the year in which it accrued.
26.13 Attendance at hospital through work related injury/accident
An employee suffering injury through an accident arising out of work in the course of the employment (not being an injury in respect of which the employee is entitled to workers compensation) necessitating attendance during working hours of a doctor, chemist or trained nurse or attendance at hospital, shall not suffer any deduction from pay for the time (not exceeding four hours) so occupied on the day of the accident and shall be reimbursed by the employer all expenses reasonably incurred in connection with such attendance.
26.14.1 Bereavement leave entitlement
26.14.1(a) An employee, other than a casual, shall on the death within Australia of a close relative, be entitled after notice given to the employer within 25 hours of the death of such close relative, to leave up to and including the day of the funeral of such close relative.
Close relative is defined as wife, husband, father, mother, brother, sister, child, step-child, mother-in-law, father-in-law, de facto wife or de facto husband, grandmother, grandfather, grandchild.
26.14.1(b) An employee, other than a casual, is entitled to use up to two days personal leave as bereavement leave.
[26.14.1(c) varied by Q9130 ppc 30Jun98]
26.14.1(c) On the production of satisfactory evidence of the death outside of Australia of an employee's close relative where such employee travels outside of Australia to attend the funeral, the employee shall be entitled to two days bereavement leave.
26.14.2 Proof of bereavement
Proof of such death shall be furnished by the employee to the satisfaction of the employer.
An employee other than casual may use up to 5 days personal leave each year to care for members of his or her immediate family or household who are sick and require care and support. This entitlement is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take carer's leave where another person has taken leave to care for the same person.
26.16.1 Before taking carer's leave, an employee must give at least two hours notice before his or her next rostered starting time, unless he or she has a good reason for doing so.
26.16.2 This notice must include:
26.16.3 Evidence supporting claim
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 require care by another.
An employee may take unpaid carer's leave by agreement with the employer.
