Know Your Rights: Sick Leave
21-Apr-2017
Sick Leave
Individual Awards and enterprise agreements must be consulted to determine the amount of paid sick leave available.
The table below sets out the current entitlements in various Awards:
Award |
Entitlement |
Staff Specialists (State) Award |
10 working days per year of continuous service |
Public Hospital Medical Superintendents (State) Award |
10 days per year of continuous service |
Public Hospital (Medical Officers) Award |
76 ordinary hours per year of continuous service |
Public Hospital (Career Medical Officers) (State) Award |
76 rostered ordinary hours per year of continuous service |
We now take a look at the specific provisions of the Staff Specialist (State) Award:
How many days of sick leave are Staff Specialists covered by the Staff Specialist (State) Award entitled to?
Can sick leave be cashed out?
When can a Staff Specialist access their sick leave?
What happens to sick leave when a Staff Specialist is on worker’s compensation?
What happens to your sick leave if you move to another public health organisation?
NB: It is important to note that if a Staff Specialist takes up a VMO position even though it is at public hospital they are no longer categorised as an employee and unless there are extenuating circumstances this will cause the Staff Specialist to lose their sick leave if their break in service as an employee is longer than two months. Therefore, we recommend that before taking up a new position or signing a new contract our members contact our office to have their contract checked before you sign it. We can provide you with advice on what will happen to your accrued entitlements including TESL, long service leave, sick leave.
Can the employer terminate a Staff Specialist while on sick leave?
The only exception to this could be if an agreed independent registered medical practitioner certifies that they are fit to resume duty and the Staff Specialist refuses to return, or on the grounds of serious misconduct for another matter.
Termination of an employee while on sick leave could amount to discrimination or unfair dismissal and would be taken very seriously by ASMOF.
Can an employer require a Medical Certificate?
Does Sick Leave apply for rostered overtime shifts for CMOs & JMOS?
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