South Australian Numbered Acts

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INDUSTRIAL LAW REFORM (FAIR WORK) ACT 2005 (NO 3 OF 2005) - SECT 77

77—Amendment of Schedule 3

        (1)         Schedule 3, section 4—after subsection (4) insert:

        (5)         An employee may take sick leave for a part of a day in a block of 1 or more hours.

        (6)         The following provisions apply in connection with subsection (5):

            (a)         if a period of sick leave exceeds 1 hour but does not equal a whole number of hours, the fraction of an hour will be taken to be a whole hour; and

            (b)         when the number of hours taken as sick leave under subsection (5) equals the number of hours usually worked by the employee in a day, then the employee will be taken to have taken 1 day's sick leave.

        (2)         Schedule 3—after section 5 insert:

6—Carer's leave

        (1)         An employee with an accrued entitlement to sick leave under a preceding section may use up to 5 days of that entitlement in each year to care for and support members of the employee's family when they are sick.

        (2)         The employee must, if practicable before taking leave under this section, give the employer notice of—

            (a)         the employee's intention to take the leave; and

            (b)         the reason for the leave; and

            (c)         the name of the person requiring the care and that person's relationship to the employee; and

            (d)         the time the employee expects to be absent,

but if it is not possible to give the notice before commencing the leave, the employee must give the notice as soon as practicable in the circumstances.

        (3)         The employee must, if required by the employer, produce reasonable evidence of the sickness and the need for the employee's care.

        (4)         An employee is, while taking leave under this section, entitled to pay at the same rate as if he or she was on sick leave.



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