AP817220 - Nurses (South Australian Public Sector) Award 2002

PART 6 - TYPES OF LEAVE 

6.1 ANNUAL LEAVE

[6.1.1 substituted by PR968361 ppc 03Feb06]

6.1.1 At the convenience of the health unit, an employee may be granted annual leave, on the following basis:

6.1.1(a) If regularly rostered for duty on 7 days of the week (including Sundays and public holidays), at a rate of 2 ½ working days or 3 ½ calendar days for each completed month of service (equivalent to six weeks leave per service year).

6.1.1(b) If employed for part of a service year as a seven day week worker, at a rate of 2 ½ working days or 3 ½ calendar days for each completed month of service as a seven day week worker.

6.1.1(c) Other employees, at a rate of 1 2/3 working days or 2 1/3 calendar days for each completed month of service (equivalent to four weeks leave per service year).

[6.1.2 substituted by PR968361 ppc 03Feb06]

6.1.2 When any section or department of a Health Care Agency is closed down between the Christmas and New Year period the employee will take annual leave to cover the close-down period, even if no credit is available on the basis of months worked. The recreation leave deemed to have been granted must be deducted from the employee's normal entitlement to leave for the service year in which the period occurs.

6.1.3 Payment while on leave

6.1.3(a) An employee taking annual leave will be paid the amount of wages they would have received in respect of ordinary time had they not been on leave during that period.

6.1.3(b) In addition to the award rate of pay the following payments, where applicable, will be included in determining the amount so payable for annual leave:

• allowances for extra qualifications;
• responsibility allowance;
• other payments to which an employee is entitled in accordance with the contract of employment for ordinary hours of work other than special rates, travelling or board allowances, overtime, reimbursement of expenses and motor mileage.

6.1.3(c) An employee is entitled to be paid the period of annual leave in advance of commencing the leave.

6.1.3(d) An employee who leaves employment before rendering service appropriate to the amount of leave granted must refund the monetary equivalent of the excess leave taken.

6.1.4 Pro rata annual leave

[6.1.4 substituted by PR968361 ppc 03Feb06]

6.1.4(a) An employee, including an employee in their first year of service, is entitled to take recreation leave which has accrued and been credited on the basis of completed months of service.

6.1.4(b) In all cases of termination of employment, whether by resignation, age, invalidity or dismissal, an employee must be paid any leave entitlement which could have been granted as at the date of termination (based on completed years and months of service).

6.1.5 Additional leave loading

[6.1.5 substituted by PR946925 from 01Apr04]

6.1.5(a) In addition to the payments prescribed by 6.1.3 and 6.1.4 each employee, during a period of annual leave or in respect of pro rata leave is to be paid a loading computed upon the ordinary rate of pay attaching to the classification concerned at the time the employee commences such leave.

6.1.5(b) The loading is to be applied as follows:

(i) If employed in any of the following categories -

• seven day week workers, i.e. regularly rostered for duty over 7 days per week (including Sundays and public holidays);

• shift workers who are rostered to work on rotating shifts over 7 days per week;

• shift workers rostered to work over 6 days per week including a regular requirement to work on a weekend day as part of their ordinary hours of duty;

• five day week workers working on permanent night shift;

and

• part time workers working weekends only

a loading of 20 percent of the ordinary rate of pay referred to in 6.1.5(a).

(ii) If employed in any other category - a loading of 17.5 percent of the ordinary rate of pay referred to in 6.1.5(a) up to a maximum as prescribed by the Public Service (Recreation Leave Loading) Award of the Industrial Relations Commission of South Australia from time to time for any one full entitlement of annual leave. In the case of part-time employees no such employee will receive a loading in excess of the same proportion of the maximum that the hours of duty of the part-time position bears to the hours of duty of a corresponding full-time position.

(iii) An employee who is employed for part of a year in one or more of the categories specified in paragraph (i) is to be paid the loading prescribed in that paragraph on a pro rata basis for completed months worked in such category or categories, and for the balance will be paid a loading as prescribed in paragraph (ii).