Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

INDUSTRIAL RELATIONS ACT 1999 - SECT 10

10 Entitlement

(1) This section does not apply to—

(a) casual employees; or
(b) pieceworkers; or
(c) school-based apprentices or trainees.

(2) An employee is entitled to—

(a) at least 8 days sick leave on full pay for each completed year of employment with an employer; and
(b) for each completed period of employment of less than a year—at least 1 day's sick leave on full pay for each completed 6 weeks of employment with an employer.

(3) However, the employee's entitlement is conditional on—

(a) the employee promptly notifying the employer of—
(i) any illness that will cause the employee to be absent from work; and
(ii) the approximate period for which the employee will be absent; and
(b) if the employee is absent for more than 2 days—
(i) the employee giving the employer a doctor's certificate about the nature of the illness and the approximate period for which the employee will be absent; or
(ii) the employee giving the employer other evidence of the illness to the employer's satisfaction.

(4) Subsection (3) does not apply if—

(a) an industrial instrument provides otherwise; or
(b) the employee and employer agree otherwise.

(5) Sick leave may be taken for part of a day.

Examples—
1 An employee is ordinarily required to work for 8 hours on a particular day and on that day becomes sick after working 3 hours. The employee may take sick leave for the remaining 5 hours that the employee is unable to work because of the sickness.
2 An employee is ordinarily required to perform work for 40 hours a week over 5 days, but has come to an arrangement with the employer to work 10 hours a day for 4 days a week. If the employee is unable to work because of sickness on a day, the employee may take 10 hours sick leave, which equates to 11/4 days sick leave.

(6) Sick leave accumulates, unless an industrial instrument provides otherwise.

(7) This section does not operate to confer an entitlement or an additional entitlement in relation to employment before the commencement of this section.

(8) If this section applies to an employee, without limiting the section, its provisions are taken to be terms of an industrial instrument applicable to the employee.

(9) In subsections (2) and (5)—

day, for an employee who is paid on the basis of the number of hours worked, means—

(a) for an employee for whom an industrial instrument provides sick leave—a day within the meaning of the industrial instrument so far as it relates to sick leave; or
(b) otherwise—one-fifth of the number of ordinary hours that the employee would ordinarily have been required to work in a week, averaged over each completed 6 weeks of employment with the employer.


[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]