“Sick Leave” is now also known as “Personal Leave – injury and sickness”.

12 working days Sick Leave is credited to each full-time employee on 1 July of each year (pro-rata for part-time employees). Casual employees receive a casual loading of 20% in lieu of sick leave, recreational leave and paid public holidays.

Unused Sick Leave accrues each financial year.

Paid Sick Leave must be granted on the application of the employee if they are unable to perform their duties because of illness.

The employee should advise their manager as soon as “reasonably practical” of their absence.

For absences exceeding five working days, the certificate of a legally qualified Medical Practitioner is required to support the excess period.

If the absence exceeds 3 working days, then for the fourth and fifth days, a certificate from a registered Health Practitioner is required for the excess days. A Health Practitioner includes a Chiropractor, Dentist, Optician, Occupational Therapist, Physiotherapist, Podiatrist, Psychologist or Speech Pathologist as well as a Medical Practitioner.

For absences of three days or less, a medical certificate is not required, except where a Chief Executive (CE) specifically requires an individual employee to present a medical certificate. This would only occur after the following:

• The CE is firstly concerned at the pattern of absenteeism of an individual employee;

• This is then discussed with the employee;

• The employee is counselled;

• The decision is made to ask for a certificate for absences of 3 days or less;

• The employee is advised of the CE's requirement in writing;

The requirement is for a specific period, not exceeding 12 months. Any decision of a CE affecting an employee can be appealed by the employee.

If an employee becomes sick whilst on Recreation Leave or Long Service Leave, for at least three consecutive days, the employee will be considered to be on Sick Leave on the production of a medical certificate covering the period of illness. The Recreation Leave or Long Service Leave for that period will then be credited back to the employee.

An employee is entitled to ten days Family Carer's Leave (personal leave to care for a sick family member) to care for and support a member of the employee's family due to their sickness or personal injury. This leave is also available to care for a member of the employee's household.

Family Carer's Leave comes out of the employee's Sick Leave entitlement.

However Special Leave With Pay may be available prior to accessing Sick Leave for Family Carer's Leave. The South Australian Government Wages Parity (Salaried) Enterprise Agreement 2006 at Clause 9.4.3 states “the ability to access [Family Carer's] Leave does not in any way limit an employee's right to apply for special leave in accordance with arrangements provided elsewhere.” The employee should therefore apply for the Special Leave first. This could be what was previously known as “Special Leave Caring for a Sick Child” (up to three days) or “Urgent and Pressing Necessity” for caring and supporting another family member (up to 3 days).

If all paid sick leave has been exhausted, then with the production of a medical certificate the employee is on unpaid sick leave. If Long Service Leave or Recreational Leave are available the employee can chose to use these forms of paid leave. During the period of Unpaid Sick Leave, service, for the purpose of accumulating Sick Leave and Recreational Leave entitlements, continues to apply.

For Family Carer's Leave where sick leave has been exhausted, and the applicable special leave with pay has been taken, or more than the ten days carer's leave has been taken the employee is able to take unpaid leave or Recreation Leave.

Special conditions apply to employees recruited to work in the country. These employees, should they need to travel to another location to obtain medical or dental treatment (for themselves or a dependent), are entitled to have such absences from work in paid time. Additionally they are entitled to be reimbursed by their employer for travel and accommodation costs reasonably incurred. A referral by a Medical Practitioner is required prior to attending an appointment with a Psychologist, Optometrist, Podiatrist and Physiotherapist, but not for a Dentist nor Chiropractor. These special conditions do not apply to employees who resided locally at the time they were recruited.

The South Australian State Government allows for Sick Leave credits, as well as Recreational and Long Service Leave credits, to be transferable between all public sector agencies including from other states and the Commonwealth, and some other employees including Universities. This applies if the employee resigns and is re-employed within three months.

PSA members are covered by the PSA “Journey Accident Cover” insurance policy if they lose time from work due to injury sustained whilst travelling to or from work or during a break. This payment is in addition to any sick leave payments received.

For enquiries regarding the contents of this Brief please contact PSA Industrial Officer

Ian D. Peak by email ian@cpsu.asn.au or phone 8205 3294.

21 November 2007