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INDUSTRIAL RELATIONS ACT 1996 - SECT 27
Prohibition on cashing-in of accumulated sick leave
27 Prohibition on cashing-in of accumulated sick leave
(1) An award must not allow or require an employee to cash-in the employee's
accumulated sick leave.
(2) Accumulated sick leave is cashed-in if the leave
is not taken and a payment is made by the employer to or on behalf of the
employee of the amount of remuneration for the period of accumulated leave or
of any other amount calculated by reference to that period.
(3) It is
immaterial when the accumulated sick leave is to be cashed-in, including on
termination of employment (whether by resignation, retirement, death or
otherwise) or during the period of employment.
(4) A provision of an award,
whether made before or after the commencement of this section, does not have
any effect to the extent that the provision contravenes this section.
(5) In
this section,
"award" includes-- (a) a former industrial agreement, and
(b) a public sector
industrial agreement.
Note : The above section does not apply to the
cashing-in of sick leave under an enterprise agreement. Clause 14 of Schedule
4 preserves the cashing-in under an existing award of accumulated sick leave
accrued before 15 February 1993, the date of commencement of section 99A of
the Industrial Relations Act 1991 which was the predecessor of the above
section.
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