Clause 17.9: sick leave

17.9.1 If the Secretary is satisfied that a permanent or long-term temporary employee is unable to perform duty because of the employee’s illness or the illness of a member of their family, the Secretary:

(i) must grant to the employee sick leave on full pay; and

(ii) may grant to the employee sick leave without pay if the absence exceeds the entitlement of the employee under this award to sick leave on full pay.

17.9.2 Payment for sick leave is subject to the employee:

(i) informing their principal as soon as reasonably practicable that they are unable to perform duty because of illness. This must be done as close to the employee’s starting time as possible; and

(ii) providing evidence of illness as soon as practicable if required by subclause 17.10 of this clause.

17.9.3 The Secretary may direct an employee to participate in a return to work program if the employee has been absent on a long period of sick leave.

17.9.4 The Secretary may direct an employee to take sick leave if they are satisfied that, due to the employee’s illness, the employee:

(i) is unable to carry out their duties without distress; or

(ii) risks further impairment of their health by reporting for duty; or

(iii) is a risk to the health, wellbeing or safety of other employees, Departmental clients or members of the public.

17.9.5 Entitlements. An employee appointed from the date of the commencement of this award variation will immediately commence accruing sick leave in accordance with this clause. Employees at the time of this award variation will accrue sick leave in accordance with this clause from the beginning of the 2011 school year.

(i) At the commencement of employment with the Department, a full time employee is granted an accrual of five days sick leave.

(ii) After the first four months of employment, the employee accrues sick leave at the rate of ten working days per year for the balance of the first year of service.

(iii) After the first year of service, the employee accrues sick leave day to day at the rate of 15 working days per year of service.

(iv) All continuous service as a permanent or long-term temporary employee is taken into account for the purpose of calculating sick leave due. Where the service is not continuous, previous periods of service are taken into account for the purpose of calculating sick leave due if the previous sick leave records are available.

(v) Sick leave without pay counts as service for the accrual of recreation leave and paid sick leave.

(vi) When determining the amount of sick leave accrued, sick leave granted on less than full pay is converted to its full pay equivalent.

17.9.6 Paid sick leave which may be granted to a permanent and long-term temporary employee in the first three months of service is limited to five days' paid sick leave, unless the Secretary approves otherwise. Paid sick leave in excess of five days granted in the first three months of service must be supported by a satisfactory medical certificate.

17.9.7 No paid sick leave is to be granted to short-term temporary employees.

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