AP806313CRV - National Fast Food Retail Award 2000
28.1 This clause only applies to full-time and part-time employees.
28.2 An employee who, subject to 28.3, is unable to attend for duty during his/her ordinary working hours by reason of personal illness or personal incapacity not due to his/her own serious and wilful misconduct, shall be entitled to be paid at ordinary time rates of pay for the time of such non-attendance subject to the following:
28.2.1 An employee shall not be entitled to paid leave of absence for any period in respect of which he/she is entitled to workers' compensation.
28.2.2 New South Wales
28.2.2(a) A full-time employee shall not be entitled during his/her first year of continued employment with an employer to sick pay for more than 38 hours and during the second or subsequent years of continued employment with an employer to sick pay for more than 61 hours. Part-time employees have a pro rata entitlement to sick leave based on the number of hours worked in the week in comparison to 38 hours.
28.2.2(b) Any period of paid sick leave allowed by the employer to an employee in any year of continued employment shall be deducted from the period of sick leave which may be allowed or may be carried forward under this award in or in respect of such year.
28.2.3 All other states and territory
[28.2.3 varied and renumbered as 28.2.3(a) by PR961164 ppc 08Aug05]
28.2.3(a) The sick leave entitlement shall be 76 hours each and every year.
[28.2.4 varied and renumbered as 28.2.3(b) by PR961164 ppc 08Aug05]
28.2.3(b) The rights under this clause shall accumulate from year to year so long as his/her employment continues with the employer whether under this or any other award so that any part of the entitlement prescribed in 28.2.3(a) which has not been allowed in any year may be claimed by the employee and shall be allowed by the employer, subject to the conditions prescribed by this clause, in a subsequent year of such continued employment. Provided that in any year an employee shall not be entitled to take more than 380 hours accumulated sick leave.
28.3 The payment for any absence on sick leave in accordance with this clause during the first three months of employment of an employee may be withheld by the employer until the employee completes such three months of employment at which time the payments shall be made.
28.4 The granting of sick leave shall be subject to the following conditions and limitations:
28.4.1 the employee shall, within 24 hours of the commencement of such absence inform the employer of his/her inability to attend for duty and, as far as possible, state the nature of the illness or injury and the estimated duration of the absence.
28.4.2 the employee shall furnish to the employer such evidence as the employer reasonably may desire that he/she was unable by reason of such illness or injury to attend for duty on the day or days for which sick leave is claimed.
28.4.3 for the purposes of this clause as it relates to part-time employees day shall mean the number of hours the employee would have worked on the day on which he/she was absent, had he/she not been sick.
28.5 For the purpose of this clause continuous service shall be deemed not to have been broken by:
28.5.1 any absence from work on leave granted by the employer; or
28.5.2 any absence from work by reason of personal illness, injury or other reasonable cause, proof whereof shall, in each case, be upon the employee.
28.6 Service before the date of coming into force of this clause shall be counted as service for the purpose of qualifying thereunder.
28.7 For the purpose of this clause the word year shall mean a period of twelve months commencing on the day on which the employment commenced.
28.8 For the purpose of sick leave accumulated for years prior to June 1988 the term day shall mean a period of eight hours or pro rata for part-time employees.
