AP817220 - Nurses (South Australian Public Sector) Award 2002
[6.2 substituted by PR970642 ppc 24Mar06]
The provisions of this clause apply to full-time and regular part-time employees (on a pro rata basis) but do not apply to casual employees. The entitlements of casual employees are set out in clause 3.2.1 and 3.2.3.
6.2.1 Definitions
The term immediate family includes:
6.2.1.1 spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis; and
6.2.1.2 child or an adult child (including an adopted child, a step child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.
6.2.2 Amount of paid personal leave
6.2.2.1 Paid personal leave will be available to an employee, other than a casual employee, when they are absent:
6.2.2.2 Personal leave will not be granted on account of:
6.2.2.2(a) an illness caused by misconduct of an employee;
6.2.2.2(b) an illness which arises from circumstances within the employee’s control e.g. sunburn; or
6.2.2.2(c) normal period of absence for confinement.
6.2.2.3 A full-time employee is entitled to 96 hours personal leave per annum
6.2.2.4 On appointment, an employee is granted 48 hours personal leave for the first six months of service. The balance of 48 hours is credited after six months service.
6.2.2.5 Personal leave is to be debited by the hour.
6.2.2.6 Where a public holiday occurs on a day when an employee is absent for the reasons listed in 6.2.2.1, payment at ordinary rates will be made for the day and the public holiday will not be deducted as a day’s personal leave.
6.2.2.7 Where an employee is absent for the reasons listed in 6.2.2.1 on the working day before and/or after a programmed day off, they will not be entitled to payment for such working day(s), unless a medical certificate or a statutory declaration is provided.
6.2.2.8 Where an employee is absent for the reasons listed in 6.2.2.1 on a programmed day off, such day will stand as the programmed day off, and the employee will not be permitted to substitute another day for the programmed day. The employee is not entitled to payment for personal leave in addition to payment for the programmed day off and the day will not be debited as personal leave.
6.2.2.9 Where an employee has been informed that they will be required to work on their programmed day off and is subsequently absent on that day for the reasons listed in 6.2.2.1, the day will be paid as the programmed day off and a substitute day will not be granted.
6.2.3 Accumulation of personal leave
6.2.3(a) Part time employees accrued sick leave on a pro rata basis based on the ratio of number of hours worked over 38.
6.2.3(b) Personal leave accrued but not taken is to be available to the employee for the duration of employment, subject always to the conditions prescribed in this clause.
6.2.4 Personal leave for personal injury or sickness
An employee is entitled to use the full amount of their personal leave entitlement including accrued leave for the purposes of personal illness or injury, subject to the conditions set out in this clause.
6.2.5 Personal leave to care for an immediate family or household member
6.2.5.1 Subject to 6.2.5.2 and 6.2.5.3, a full-time employee is entitled to use their personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency.
6.2.5.2 The entitlement in 6.2.5.1 is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take leave for this purpose where another person has taken leave to care for the same person.
6.2.5.3 Except as provided for in 6.2.5.4 not more than 96 hours of personal leave can be used in a year by an employee for the purposes set out in 6.2.5.1.
These limits apply to the employee’s total accrued personal leave which includes any untaken personal leave from the current year’s entitlement and any untaken personal leave which has accumulated from previous years.
6.2.5.4 By agreement between an employer and an individual employee, the employee may access an additional amount of their accrued personal leave for the purposes set out in 6.2.5.1 beyond the relevant limit set out in 6.2.5.3. In such circumstances, the employer and the employee shall agree upon the additional amount that may be accessed.
6.2.6 Employee must give notice
6.2.6.1 Before being entitled to paid personal leave, the employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer or their inability to attend for duty and as far as practicable state the nature of the injury, illness or emergency and the estimated duration of the absence. If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the employee will inform the employer within 24 hours of such absence.
6.2.6.2 When taking leave to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, the notice must include:
6.2.7 Evidence supporting claim
6.2.7.1 When taking leave for personal illness or injury, the employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, that the employee was unable to work because of injury or personal illness.
6.2.7.2 When taking leave to care for members of their immediate family or household who are sick and require care and support, the employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that such illness requires care by the employee.
6.2.7.3 When taking leave to care for members of their immediate family or household who require care due to an unexpected emergency, the employee must, if required by the employer, establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.
6.2.8 Unpaid personal leave
Where an employee has exhausted all paid personal leave entitlements, they are entitled to take unpaid personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. The employer and the employee shall agree on the period. In the absence of agreement, the employee is entitled to take up to two days (up to a maximum of 16 hours) of unpaid leave per occasion, provided the requirements of 6.2.6 and 6.2.7 are met.
6.2.9 Casual employees
Casual employees are entitled to not be available to attend work in certain circumstances as set out in subclause 3.2.3.
6.2.10 Personal illness while on annual leave
If a full time or part time employee is ill while on annual leave and provides a medical certificate certified by a legally qualified medical practitioner showing that for a period of not less than three consecutive days, the employee would have been unable to attend or remain in the workplace, will be granted by the employer paid leave not exceeding the sick leave credit of the employee. Leave granted in this way will not be counted as annual leave and will be debited from the employee’s sick leave credit.
6.2.11. Bereavement leave
The provisions of this clause apply to full-time and regular part-time employees (on a pro rata basis) but do not apply to casual employees. The entitlements of casual employees are set out in clause 3.2.
6.2.11.1 Paid leave entitlement
6.2.11.1(a) An employee is entitled to up to 2 days bereavement leave on each occasion of the death in Australia of either a member of the employee’s immediate family or household.
Proof of such death must be given by the employee to the satisfaction of the employer if so requested.
6.2.11.1(b) Unpaid bereavement leave
An employee may take unpaid bereavement leave by agreement with the employer.
