AP814932 - Professional Divers' - Maritime Union of Australia Award 2002
37.1 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 within 48 hours of the commencement of such absence of evidence of their illness or injury satisfactory to their employer, be entitled to leave of absence on the prescribed rate of pay for a period of ten working days.
37.1.1 Provided that where employees with more than four weeks service with an employer in the previous twelve 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 be entitled to such sick leave as was standing to their credit prior to termination.
37.1.2 Provided further that employees shall not be entitled to accrue more than the prescribed amount of sick leave for their classification in a twelve months period from the date of original entitlement of such sick leave.
37.2 Such sick leave shall accumulate from year to year so that any balance of the period specified in 37.1 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.
37.2.1 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.
37.3 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 two weeks' 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 four weeks' 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.
37.4 Subject to the provisions of this subclause, the provisions of this clause apply to employees who suffer personal ill health or injury during the time when they are absent on annual leave and an employee may apply for and the employer shall grant paid sick leave in place in paid annual leave:
37.4.1 Application for replacement shall be made within seven days of resuming work and then only if employees were confined to their place of residence or a hospital as a result of their personal ill health or injury for a period of seven consecutive days or more and produce a certificate from a registered medical practitioner that they were so confined.
37.4.2 Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the employee is entitled at the commencement of annual leave and shall not be made with respect to fractions of a day.
37.4.3 Where paid sick leave has been granted by the employer in accordance with the provisions of this subclause, that portion of the annual leave equivalent to the paid sick leave will be replaced by the paid sick leave and the reinstated annual leave may be taken at another time mutually agreed to by the employer and the employee or, failing agreement, shall be added to the employee's next period of annual leave or, if termination occurs before then, be paid in accordance with the provisions of 36.6.
37.4.4 Payment for replaced annual leave shall be at the wage rate applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in 36.5 shall be deemed to have been paid with respect to the replaced annual leave.
