AP839843 - Health Services Union of Australia (NSW/ACT Private Medical Imaging) Award 2004
The provisions of this clause apply to full-time and regular part-time and job share employees, but do not apply to casual employees.
15.1 Amount of paid personal leave
15.1.1 Paid personal leave is available to an employee when they are absent due to:
15.1.2 The amount of personal leave to which an employee is entitled depends on how long they have worked for the employer and accrues as follows:
Length of time worked for the employer |
Personal leave days |
Less than 3 months |
0 |
3 months to less than 12 months after 1 July 2004 |
8 |
Each year thereafter after 30 November 1998 |
8 |
Maximum accumulation of untaken sick leave |
56 |
15.1.3 In any year unused personal leave accrues by the lesser of:
15.1.3(a) eight days in any year after 30 November 1998, less the total amount of sick leave and carer’s leave taken during the year; or
15.1.3(b) the balance of the year’s unused personal leave.
15.1.4 Personal leave may accumulate to a maximum of 56 days.
15.2 Immediate family or household
15.2.1 The entitlement to carer’s or bereavement leave is subject to the person in respect of whom the leave is taken being either:
15.2.1(a) a member of the employee’s immediate family; or
15.2.1(b) a member of the employee’s household.
15.2.2 The term immediate family includes:
15.2.2(a) 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 their husband or wife on a bona fide domestic basis; and
15.2.2(b) 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.
15.3 Sick leave
15.3.1 Definition
Sick leave is leave to which an employee other than a casual is entitled without loss of pay because of their personal illness or injury.
15.3.2 Entitlement
15.3.2(a) The amount of personal leave an employee may take as sick leave depends on how long they have worked for the employer and accrues as follows:
Length of time worked for the employer |
Rate of accrual of sick leave |
Less than 3 months |
0 |
3 months to less than 12 months after 1 July 2004 |
8 |
Each year thereafter after 30 November 1998 |
8 |
Maximum accumulation of untaken sick leave |
56 |
15.3.2(b) After the first three months of service an employee must be paid for any sick leave to which they were not entitled, due to insufficient service during the first three months up to a maximum of 38 hours and up to a total of eight days during the first year of service.
15.3.2(c) Accumulated personal leave may be used as sick leave if the current sick leave entitlement is exhausted.
15.3.3 Employee must give notice
15.3.3(a) Before taking sick leave, an employee must give at least two hour’s notice before their next rostered starting time, unless they had a good reason for not doing so.
15.3.3(b) The notice must include:
15.3.3(c) If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone at the first opportunity.
15.3.4 Evidence supporting claim
The employee must, if required by the employer, establish by production of a medical certificate issued by a registered medical practitioner or statutory declaration that the employee was unable to work because of injury or personal illness.
15.3.5 Effect of workers’ compensation
If an employee is receiving workers’ compensation payments, they are not entitled to sick leave.
15.4 Bereavement leave
15.4.1 Paid leave entitlement
An employee other than a casual is entitled to use up to 12 hours personal leave as bereavement leave on any occasion on which a member of the employee’s immediate family or household dies.
15.4.2 Unpaid leave entitlement
Where an employee has exhausted all personal leave entitlements, including accumulated leave entitlements, they are entitled to take unpaid bereavement leave. The employer and the employee are to agree on the length of the unpaid leave. In the absence of agreement, the employee is entitled to take up to 12 hours unpaid leave.
15.4.3 Evidence supporting claim
The employer may require the employee to provide satisfactory evidence of the death of the member of the employee’s immediate family or household.
15.5 Carer’s leave
15.5.1 Paid leave entitlement
An employee other than a casual is entitled to use up to 40 hours personal leave each year to care for members of their immediate family or household who are sick and require care and support. This entitlement 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 carer’s leave where another person has taken leave to care for the same person.
15.5.2 Notice required
15.5.2(a) Before taking carer’s leave, an employee must give at least two hours notice before his or her next rostered starting time, unless he or she has a good reason for not doing so.
15.5.2(b) Notice must include:
15.5.2(c) If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone at the first opportunity.
15.5.3 Evidence supporting claim
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 the illness is such as to require care by another.
15.5.4 Unpaid leave
An employee may take unpaid carer’s leave by agreement with the employer.
