AP799111 - Tugboat Industry Award 1999

14. SICK LEAVE AND COMPASSIONATE LEAVE

14.1 Sick leave

14.1.1 An employee who has worked continuously with an employer for not less than 3 months, and who is unable to attend for duty on any day during ordinary hours, by reason of personal illness or incapacity (not due to the employee's serious or wilful misconduct), will be entitled to paid leave of absence at the employee's hourly rate during each hour when the employee is unable to attend for duty, for a period or periods not exceeding in aggregate 10 days per annum.

14.1.2 An employee will not be entitled to paid leave of absence under this clause for any period in respect of which the employee is entitled to workers compensation.

14.1.3 The rights of an employee to sick leave under this clause will accumulate so long as the employee’s employment continues with the employer. Any part of the employee's entitlement which has not been allowed in any year may be claimed by the employee and will be allowed by the employer, subject to the conditions prescribed by this clause, in a subsequent year of continued employment.

14.1.4 An employee's entitlement to sick leave will be subject to the following conditions:

14.1.4(a) the employee will inform the employer as soon as is practicable, and in any case within 24 hours of the commencement of an absence, of the employee's inability to attend for duty, and so far as possible, the employee will state the nature of his/her illness or incapacity and the estimated duration of the absence;

14.1.4(b) the employee will furnish to the employer evidence, whether by way of medical certificate or otherwise, as the employer reasonably requires, that the employee was unable on account of such illness or incapacity to attend for duty during the period or periods for which sick leave is claimed, provided that an employee will not be required to produce a medical certificate in respect of a single day's absence.

14.1.5 For the purpose of this clause an employee will be deemed to have served continuously for the aggregate of the employee's services, although such service has been interrupted temporarily by a transfer to some other work of the employer, or by suspension or breakdown of machinery or plant, or by any period of leave of absence on account of holidays or sickness to which the employee is entitled to under this award, or by leave granted by the employer.

14.1.6 For the purpose of this clause, service also includes service before the commencement of this award.

14.2 Compassionate leave

14.2.1 An employee will be entitled to a maximum of 3 days consecutive leave without deduction of pay:

14.2.1(a) on the death within Australia of the employee's legal spouse, mother, father, brother, sister, child, stepchild, mother-in-law, father-in-law, grandfather, grandmother or grandchild.

14.2.1(b) on an occasion when an employee travels overseas in connection with the death outside Australia of one of the relatives specified in 14.2.1(a). Provided that:

14.2.1(b)(i) the employee gives notice of intention to take such leave as soon as reasonably practicable after the death of the relative;

14.2.1(b)(ii) the employee produces satisfactory evidence or proof of death of the relative; and

14.2.1(b)(iii) the entitlement will not apply during any period of other leave.