AP817693 - Kmart Australia Ltd Award 2002
[21 Sick leave title changed and substituted by PR968607 ppc 09Dec05
21.1 Personal leave for personal injury and sickness
21.1.1 Kmart and the union are committed to ensuring that personal leave is to be used only in cases of genuine need. An employee who misuses personal leave will be subject to counselling.
21.1.2 The quantum and rate of accrual of personal leave for full time employees will be as follows with part-time employees receiving pro rata entitlements.
21.1.2(a) New South Wales and Victoria
Full-time: 38 hours upon commencement and thereafter 61 hours upon the anniversary of each year of continuous service.
21.1.2(b) Queensland
Full-time: 61 hours upon commencement and thereafter upon the anniversary of each year of continuous service.
21.1.2(c) South Australia, Tasmania, ACT and Western Australia
Full-time:76 hours upon commencement and thereafter upon the anniversary of each year of continuous service.
21.1.2(d) Northern Territory
Full-time 64 hours upon commencement and thereafter 76 hours upon the anniversary of each year of continuous service.
21.1.3 The payment for any absence on personal 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 payment shall be made.
21.1.4 If the full period of personal leave as prescribed is not taken in any year, such amount that is not taken shall be cumulative from year to year, provided that the employee remains in the service of Kmart.
21.1.5 An employee may take up to two days personal leave for personal injury and sickness in any one year without a medical certificate or a statutory declaration. Upon prior written notice by Kmart other claims for personal leave for personal injury and sickness may need to be supported by a medical certificate or a statutory declaration.
21.1.6 Notification
21.1.6(a) Entitlement for all personal leave for personal injury and sickness claimed will be dependent on notification to the Store Manager as soon as reasonably practicable, indicating the nature of illness or injury and the possible recommencement time.
21.1.6(b) Upon reporting back to work after personal leave for personal injury and sickness the employee will report to their line manager.
21.2 Personal leave to care for immediate family or a household member
21.2.1 An employee is entitled to use up to 10 days personal leave, including accrued leave, referred to in 21.1.2, each year 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, subject to the conditions set out in this clause.
21.2.2 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 21.2.1, beyond the limit set out in 21.2.1. In such circumstances, the employer and the employee shall agree upon the additional amount that may be accessed.
21.2.3 Employee must give notice
The employee must, where practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee (where applicable), the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone of such absence at the first opportunity on the day of absence.
21.2.4 Evidence supporting claim
The employee shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned. 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.
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) per occasion, provided the requirements of 21.2.3 and 21.2.4 are met.
