AT825520 - Australian Workers’ Union Construction and Maintenance (Western Australia) Award 2003 [Transitional]
24.1 Weekly hired employees
24.1.1 After four weeks' service an employee engaged by the week who is absent from work on account of personal illness or on account of injury by accident for which he/she is not entitled to workers' compensation shall, on production (within 48 hours of the commencement of such absence) of evidence of his/her illness or injury satisfactory to the employer, be entitled to leave of absence on his/her prescribed rate of pay as detailed hereunder:
24.1.2 Eight days' sick leave in the first year of employment and ten days' sick leave in the second and subsequent years of employment with that employer.
24.2 Hourly hired employees
24.2.1 An employee engaged on hourly hire who is absent from work on account of personal illness or on account of injury by accident for which he/she is not entitled to workers' compensation shall, on production (within 48 hours of the commencement of such absence) of evidence of his/her illness or injury satisfactory to the employer, be entitled to leave of absence on his/her prescribed rate of pay as detailed hereunder:
24.2.2 Five days' sick leave in the first year of employment and ten days' sick leave in the second and subsequent years of employment.
Provided however, that during the first year of service an employee shall accrue sick leave entitlements at the rate of three hours twenty minutes per month.
24.3 Such sick leave shall accumulate from year to year so that any balance of the period specified in 24.1 which has in any year not been allowed to an employee by an employer as paid sick leave may be claimed by the employee and subject to the conditions hereinbefore prescribed, shall be allowed by that employer in any subsequent year without diminution of the sick leave prescribed in respect of that year.
24.4 Bereavement leave
24.4.1 An employee on the death of:
24.4.1(a) Spouse or de facto spouse;
24.4.1(b) Child, step child or child-in-law;
24.4.1(c) Parent, step parent or parent-in-law;
24.4.1(d) Sibling, step sibling or sibling-in-law;
24.4.1(e) Grandparent or step grandparent;
24.4.1(f) Any person, who immediately before that person's death, lived with the employee as a member of the employee's family,
is entitled to paid bereavement leave of up to three days normal pay. For distant work these days shall be exclusive of travel days.
24.4.2 Evident of entitlement to bereavement leave that would satisfy a reasonable person is to be furnished to the employer.
24.5 Family carers leave
24.5.1 Use of sick leave
24.5.1(a) 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 subclause, any sick leave entitlement for absences to provide care and support for such persons when they are ill. Such leave shall not exceed five days in any calendar year and is not cumulative.
24.5.1(b) The employee shall, if required, provide a written statement as to the fact of illness of the person for whom the care and support is required.
24.5.1(c) The entitlement to use sick leave is subject to:
24.5.1(c)(i) The employee being responsible for the care of the person concerned; and
24.5.1(c)(ii) The person concerned being either a member of the employee’s immediate family or a member of the employee’s household.
24.5.1(c)(iii) The term immediate family includes:
24.5.1(d) The employee shall, wherever 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, 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 shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
24.5.2 Use of unpaid leave
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.
