South Australian Current Regulations South Australian Current Regulations22—Sick leave (section 51 of Act—Schedule 1
clause 6)
(1) Subject to this
clause and the determinations of the Commissioner under Schedule 1
clause 1 of the Act, sick leave may only be granted to an employee of a
public sector agency if—
(a) the
employee, as soon as reasonably practicable, notifies the public sector agency
of the employee's unfitness to work due to illness or injury and of the
probable duration of the employee's absence; and
(b) the
employee has made an application to the agency in a form approved by the
agency; and
(c) in
the case of an absence for a continuous period of more than 3 working
days or if required by the public sector agency, the employee has supported
the application by furnishing a medical or other certificate or certificates
in accordance with this regulation.
(2) A public sector
agency may refuse an employee's application for sick leave if the agency is
satisfied on the basis of evidence that has come to its notice that the
employee was or is not in fact unfit for work due to sickness or injury for
the period for which the leave has been claimed.
(3) A public sector
agency may grant sick leave otherwise than in accordance with
subregulation (1) if the agency determines that it is appropriate to do
so.
(4) If an absence of
an employee of a public sector agency is claimed by the employee to be or have
been due to sickness or injury, the public sector agency may—
(a) if
satisfied that there are circumstances justifying such action, require the
employee to submit to a medical examination by a medical practitioner selected
by the employee from a panel of medical practitioners nominated by the agency;
and
(b) if
the employee refuses or fails to submit to such an examination, refuse to
grant sick leave in respect of the absence.
(5) The public sector
agency must furnish the employee with a copy of any report on the results of a
medical examination required under subregulation (4).
(6) A medical
certificate referred to in subregulation (1) must—
(a) be
signed—
(i)
by a medical practitioner; or
(ii)
in the case of sickness or injury that gives rise to an
absence for a continuous period of not more than 5 working days, by a
person (other than a medical practitioner) of a kind approved under the
determinations of the Commissioner; and
(b)
certify as to—
(i)
the period (specifying its commencing and concluding
days) for which the employee has been or will be unfit for work as a result of
sickness or injury; and
(ii)
if the employee is suffering from a sickness of a
contagious or infectious character, the date on which the employee's presence
at work would no longer create any risk of contagion or infection.
(7) If an employee is
absent for a continuous period exceeding 1 working week, the employee
must for the purposes of subregulation (1), if so required by the public
sector agency, furnish medical certificates in respect of each working week
and part of a working week for which the employee is absent.
(8) An employee's sick
leave entitlement must be debited according to the length of time (counted to
the nearest quarter of an hour) for which the employee is absent on sick
leave.
(9) In this
regulation—
"working week" of an employee means the number of working days on which the
employee is required to work in a week.