13. Sick Leave

c. The formula for calculation of annual sick leave in the Western Division is as follows:

13.2 Transitional Provisions

1. During 2001 only, a temporary teacher who had an accrued sick leave entitlement as a 100 day casual school teacher at the end of the 2000 school year may access that accrued entitlement if the full and half pay annual sick leave entitlement under their temporary engagement is exhausted.
2. A maximum of 11 days accrued sick leave may be accessed under these transitional provisions.

13.3 Cumulative Sick Leave

a) Sick leave accrues on average at the rate of ten days for each year of completed service as shown in the scale below. A temporary teacher's entitlement based on this scale is calculated by determining the maximum benefit in accordance with a temporary teacher's completed years of service and deducting from this figure, the total number of all days paid sick leave previously granted to the temporary teacher. Note: The determination of this entitlement is subject to the provisions of section 3.2 b).

b) When processing an application for sick leave, the Department will determine whichever leave category (ie annual or cumulative) is financially more advantageous for the period applied for, and grant leave accordingly.

c) Where cumulative sick leave is granted, a temporary teacher may be granted further sick leave on half pay for the number of days if any, required to make the total sick leave granted to a full time temporary teacher the equivalent to 33 days sick leave on full pay in any period of twelve months, or in the case of part time temporary teachers, their maximum annual entitlement as a pro rata amount of 33 days in any period of 12 months.

13.5 Maximum Entitlement During Service

Unless specially approved, the maximum amount of sick leave that may be granted during a temporary teacher's service cannot exceed 410 days.

13.6 Sick Leave for Ex-service Personnel

1. Temporary teachers who are ex-service personnel and who have an accepted war caused disability may be granted a pro rata amount of the annual entitlement of 40 days sick leave.
2. The temporary teacher entitlement under a) is calculated based on the expected length of the temporary engagement and the days worked per week.
3. This provision does not apply, if, during a temporary teacher's service, they have been granted sick leave at full pay exceeding twice the amount for which a temporary teacher is eligible under the cumulative scale.
4. Provision also exists for ex-service personnel who have exhausted all available full pay sick leave, and who are in receipt of a war disability pension and/or war disability sustenance allowance, to be granted additional leave with pay. Payment for this leave is the difference between the pension and/or allowance and normal salary on the following basis:

13.9 Calculation of Service

13.10 Application and Medical Certificates

1. To be eligible for sick leave a temporary teacher must have signed a temporary engagement notice. Sick leave will only granted during a period of temporary engagement.
2. Where a temporary teacher applies for a period of sick leave of three days or less it is generally not necessary to state the nature of the illness. When completing the leave form, temporary teachers may state "sick" in the appropriate section.
3. Applications for sick leave exceeding three days must be supported by a medical certificate stating the nature of the illness and the period of unfitness for duty.
4. The Director-General may require a medical certificate for a period of absence of less than three days.
5. In cases where a temporary teacher's leave record is considered to be unsatisfactory medical certificates may be required for every absence.
6. Should a temporary teacher wish to keep the nature of the illness confidential, the medical certificate should be submitted to Teacher Services in a sealed envelope and marked "Confidential - HealthQuest only". A signed statement authorising HealthQuest to contact the temporary teacher's medical practitioner, if necessary, should accompany the medical certificate. The statement and medical certificate will be forwarded to HealthQuest who will make a recommendation regarding the grant of sick leave.
7. Temporary teachers who are absent on long periods of sick leave or who have a limited sick leave entitlement should ensure that a leave form complete with doctor's certificate is submitted promptly.

This will reduce the likelihood of a serious overpayment occurring. Where an absence is ongoing, leave forms and doctor's certificates should be submitted on a regular basis. Advising the school by telephone is not sufficient to avoid overpayments.

To avoid overpayments in these circumstances, principals must advise Payroll Services immediately a temporary teacher's leave form, complete with appropriate medical certificates is received.

13.11 Sick Leave and Vacation Leave Entitlements

a) A temporary teacher's vacation leave entitlement is not affected where a temporary teacher is absent on paid sick leave.

b) All paid sick leave accrues full vacation leave entitlements.

c) Sick leave without pay not exceeding four normal working weeks (as aggregated in any school year) does not affect vacation leave entitlements, irrespective of when the four weeks sick leave without pay is taken.

d) Sick leave without pay in excess of four normal working weeks in a school year reduces vacation leave entitlement on a pro rata basis.

13.12 Sick Leave While on Long Service Leave

a) A temporary teacher who becomes ill while on long service leave and who has sick leave to credit, may apply to have the long service leave recredited. To be eligible for a recredit of long service leave a full time temporary teacher must have been ill for at least a period of five continuous working days or for a part time temporary teacher, for a period equivalent to one week under the terms of their engagement. The five day/one week period must occur during the long service leave.

b) The application must be accompanied by a medical certificate stating the nature and duration of the illness.

13.13 Sick Leave Prior to Maternity Leave

a) A temporary teacher may be granted paid sick leave to credit, sick leave without pay or long service leave if, because of a complication associated with the pregnancy including a history of miscarriages or other illness, the temporary teacher is unable to continue to work.

b) If a temporary teacher is entitled to paid maternity leave, sick leaves ceases six weeks prior to the anticipated date of birth.

c) If a temporary teacher is not entitled to paid maternity leave, sick leave to credit may be granted until the anticipated date of birth.

13.14 Sick Leave for Dental and Other Health Treatments

a) Application for sick leave for dental purposes and for treatments by registered chiropractors, osteopaths and physiotherapists are covered by sick leave and dealt with in the usual manner where the absence does not exceed three days.

b) Should a temporary teacher apply for sick leave in excess of three days and the application is supported by a certificate from a registered dentist, chiropractor, osteopath or physiotherapist, sick leave may only be granted for one week and then only where special circumstances are indicated in the certificate. In respect of absences in excess of one week, the application must be supported by a certificate from a registered medical practitioner.

c) Appointments for normal treatment by a dentist, chiropractor, osteopath, or physiotherapist should be made outside school hours. Sick leave will only be granted for an absence during school hours where urgent treatment is required to relieve pain.

d) Sick leave for optometrical attention may be granted where attention is urgently required or cannot be obtained outside school hours.

13.15 Sick Leave to Attend Invitro Fertilisation Programs

Sick leave in accordance with a temporary teacher's entitlement is available in circumstances where, as a result of treatment administered under an Invitro Fertilisation Program, the temporary teacher is unable to attend work. An application for leave in these circumstances should be supported by a medical certificate.

13.16 Workers' Compensation

An application for workers' compensation must be accompanied by an application for sick leave and irrespective of the period of absence must be supported by a WorkCover medical certificate.

13.17 Damages and Compensation Claims - Other Than Workers' Compensation

Where the circumstances of an injury or illness may give right to a claim for damages or compensation not under the Workers Compensation Act 1987, a temporary teacher may be granted sick leave on condition that they sign an undertaking to reimburse the Department the monetary value of any sick leave granted in the event that the action is successful.