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?

A full-time Staff Specialist is entitled to ten working days for each year of continuous service less any sick leave on full pay already taken. Paid sick leave is cumulative and there is no limit to the total accumulation.

Can sick leave be cashed out?

No. The monetary value of accumulated paid sick leave is not payable on termination.

When can a Staff Specialist access their sick leave?

A Staff Specialist is not entitled to sick leave until after 3 months' continuous service. If a Staff Specialist is sick in their first three months of employment, they can take sick leave without pay.

What happens to sick leave when a Staff Specialist is on worker’s compensation?

A Staff Specialist shall not be entitled to sick leave on full pay for any period in respect of which such Staff Specialist is entitled to workers' compensation; provided, however, that the Employer shall pay to a Staff Specialist who has a sick leave entitlement the difference between the amount received as workers' compensation and full pay.

What happens to your sick leave if you move to another public health organisation?

A Staff Specialist will not lose any accrued and untaken sick leave as long as they cease employment in one public health organisation and within two months of the last day of service commence employment in 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?

It is unlawful to terminate a Staff Specialist while on paid 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?

Under all Awards the employer may require a medical certificate or other evidence of the illness causing the absence from work.

Does Sick Leave apply for rostered overtime shifts for CMOs & JMOS?

No, sick leave does not apply for rostered overtime shifts.

 

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