AP814932 - Professional Divers' - Maritime Union of Australia Award 2002
23.1 After four weeks' service employees, other than casual employees, who are absent from work on account of personal illness or on account of injury by accident for which they are not entitled to workers or accident compensation, shall, on production of evidence of their illness to their employer within 48 hours of the commencement of such absence or injury, be entitled to leave of absence on the prescribed rate of pay for a period of 14 rostered on-duty days.
23.2 Provided that where employees with more than four weeks' service with an employer in the previous 12 months are terminated by the employer and are subsequently re-engaged, other than as a casual employee by that employer within a period of three months, they shall immediately upon re-engagement by entitled to such sick leave as was standing to their credit prior to termination.
23.2.1 Provided further that employees shall not be entitled to accrue more than the prescribed amount of sick leave for their classification in a 12 month period from the date of original entitlement of such sick leave.
23.3 Such sick leave shall accumulate from year to year so that any balance of the period specified in 23.1 which has not been allowed to an employee by the employer as paid sick leave may be claimed by the employee, and subject to the conditions herein prescribed, shall be allowed by the employer in any subsequent year without diminution of the sick leave prescribed in respect of that year.
23.3.1 Provided that no employee shall be entitled to receive, and no employer shall be bound to make payment for more than eight weeks' absence from work through illness in any one year.
23.4 In the event of employees who are required to be subjected to greater than atmospheric pressure suffering any serious illness or injury resulting in inability to perform any work in circumstances in which workers' or accident compensation was not payable, they shall be given an extra 14 on-duty days sick leave with the employer having the right to have them medically examined and approved for sick leave by a doctor nominated by the employer. The provision of 28 on-duty days sick leave is to cover a situation of disabling illness or injury in one year. Disabling illness or injury shall mean an illness or injury which prevents an employee from diving or being subject to greater than atmospheric pressure but not from performing any other activity under the provisions of this award.
23.5 The amount of sick leave available to an employee will be reduced by one day for each rostered on-duty day not attended due to illness covered by this clause.
