Sick Leave allows an employee to be absent from work due to illness or accident without loss of pay. The usual amount of sick leave allowable is 10 days per year (part-time employees proportionate), and unused sick leave accumulates. Some awards may limit the amount of sick leave available during the early months of employment.
There is usually a requirement for the employee to provide as much notice as possible that they cannot attend work and to provide their employer with proof of their illness in the form of a medical certificate or statutory declaration. It is generally up to the employer to set the rules as to when they require a medical certificate – this should be made clear to the employee when they start work.
Most awards/agreements allow full time employees a period of 4 weeks paid leave and may make provision for "leave loading" to be paid during the period of leave. Part-time employees would receive Annual Leave on a proportionate basis. Unused annual leave is usually paid out on termination, but the leave loading is usually not applicable to this payment – again, awards have different provisions so it is important to check the relevant document.
All awards have a set of standard parental leave provisions that encompass maternity leave, paternity leave and adoption leave. In the main there is an entitlement to 12 months unpaid leave subject to certain notice provisions. There are also provisions dealing with the return to work of the parent on a full time or part time basis. This clause is fairly lengthy so should be read carefully – if in doubt contact the Helpline for assistance.
This type of leave may be allowed for the purpose of attending the funeral of a close family member and is usually limited to 3 days up to and including the day of the funeral. The award will define what family relationships are covered.
Carer’s leave is usually part of the sick leave entitlement allowing the employee to take time off to care for a close family member who requires their care and support while ill.
It is worth noting that many awards now extend carer’s leave (unpaid) and parental leave to casual employees.
Long Service Leave is a leave entitlement granted to employees for "long service" to an employer. Entitlements are contained in either state legislation or in federal awards or agreements. In Tasmania, the main legislation covering employees in the private sector is the Long Service Leave Act 1976.
If you require assistance or additional information you can contact the Helpline.
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