AP830035 - Shop Distributive and Allied Employees Association - Domino’s Pizza Australia Consent Award 2003
[32 sick leave title changed and substituted by PR969273 ppc 09Dec05]
32.1 Personal leave for personal injury and sickness
An employee, including a part-time employee, who is unable to attend or remain at his or her place of employment during ordinary hours of work by reason of personal illness or injury shall be entitled to payment during such absence in accordance with the following provisions.
32.2 Amount of paid personal leave
32.2.1 Entitlement to payment shall be 76 hours per annum which shall accrue at the rate of 6.33 hours for each completed month of service with the employer.
32.2.2 If in the first or successive years of service with the employer the employee is absent on the grounds of personal illness or injury for a period longer than his or her entitlement to paid personal leave, payment may be adjusted at the end of that year of service, or at the time the employee’s services terminate, if before the end of that year of service, to the extent that the employee has become entitled to further paid personal leave during that year of service.
32.3 Accumulation of personal leave
The unused portions of the entitlement to paid personal leave in any one year shall accumulate from year to year and subject to this clause may be claimed by the employee if the absence by reason of personal illness or injury exceeds the period for which entitlement has accrued during the year at the time of the absence. Provided that an employee shall not be entitled to claim payment for any period exceeding ten weeks in any one year of service.
32.4 Employee must give notice
To be entitled to payment in accordance with this clause the employee shall as soon as reasonably practicable advise the employer of his or her inability to attend for work, the nature of the illness or injury and the estimated duration of the absence. Provided that such advice, other than in extraordinary circumstances shall be given to the employer within 24 hours of the commencement of the absence.
32.5 Evidence supporting claim
The provisions of this clause do not apply to an employee who fails to produce a certificate from a medical practitioner dated at the time of the absence or who fails to supply such other proof of the illness or injury as the employer may reasonably require provided that the employee shall not be required to produce a certificate from a medical practitioner with respect to absences of two days or less unless after two such absences in any year of service the employer requests in writing that the next and subsequent absences in that year, if any, shall be accompanied by such certificate.
32.6 Illness whilst on annual leave
32.6.1 Subject to the provisions of this paragraph, the provisions of this clause apply to an employee who suffers personal illness or injury during the time when he or she is absent on annual leave and an employee may apply for and the employer shall grant paid personal leave in place of paid annual leave.
32.6.2 Application for replacement shall be made within seven days of resuming work and then only if the employee was confined to his or her place of residence or an hospital as a result of his or her personal illness or injury for a period of seven consecutive days or more and he or she produces a certificate from a registered medical practitioner that he or she was so confined. Provided that the provisions of this paragraph do not relieve the employee of the obligation to advise the employer in accordance with 32.4 if he or she is unable to attend for work on the working day next following the annual leave.
32.6.3 Replacement of paid annual leave by paid personal leave shall not exceed the period of paid personal leave to which the employee was entitled at the time he or she proceeded on annual leave and shall not be made with respect to fractions of a day.
32.6.4 Where paid personal leave has been granted by the employer in accordance with 32.6.1, 32.6.2 and 32.6.3 of this subclause, that portion of the annual leave equivalent to the paid personal leave is hereby replaced by the paid personal leave and the replaced 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 for in accordance with the provisions of 29—Annual leave.
32.6.5 Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in clause 29—Annual leave, shall be deemed to have been paid with respect to the replaced annual leave.
32.7 Exemptions from payment
The provisions of this clause with respect to payment do not apply to employees who are entitled to payment under the relevant state Workers’ Compensation Act nor to employees whose injury or illness is the result of the employee’s own misconduct.
32.8 Personal leave to care for an immediate family member or household member
An employee with responsibilities in relation to either members of their immediate family or members of their household who need their care and support shall be entitled to use, in accordance with this paragraph, any personal leave entitlement for absences to provide care and support for such persons when they are ill or require care due to an unexpected emergency.
32.8.1 Evidence
32.8.1(a) When taking leave to care for members of their immediate family or household who are ill, the employee shall, if required, establish by the production of a medical certificate or a statutory declaration, the illness of the person concerned.
32.8.1(b) 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.
32.8.2 Entitlement
The entitlement to use personal leave in accordance with this subclause is subject to:
32.8.2(a) the employee being responsible for the care of the person concerned; and
32.8.2(b) the person concerned being either:
32.8.2(b)(i) a member of the employee’s immediate family; or
32.8.2(b)(ii) a member of the employee’s household.
32.8.2(c) the term immediate family includes:
32.8.2(c)(i) a spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse, in relation to a person, means a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; and
32.8.2(c)(ii) a 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.
32.8.2(d) The employee shall, wherever practical, 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, the reasons for taking such leave and the estimated length of the absence. If it is not practicable for the employee to give such prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of the absence.
32.8.2(e) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care to a family member who is ill.
32.8.3 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 that notice and evidentiary requirements are met.
32.8.4 Accessing additional accrued personal leave
By agreement between an employer and an individual employee, the employee may access an additional amount of their accrued personal leave for the purposes of caring for members of the employee’s immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. In such circumstances, the employer and the employee shall agree upon the additional amount that may be accessed.
