sec.197Illness during long service leave

sec.197 Illness during long service leave

This section applies if, for a period of at least 1 week while an employee is on long service leave, the employee could not, if the employee had not been on leave, have performed the employee’s normal duties because of illness or injury. The employer must approve the granting of sick leave instead of long service leave for the period of the inability to perform normal duties if— the employee makes written application for the leave; and the employee produces a medical certificate from a doctor stating the employee, if the employee had not been on leave, could not have performed the employee’s normal duties because of illness or injury; and the entire period mentioned in subsection (1) is covered by the medical certificate produced; and sick leave is available to the employee. Subsection (2) may apply to more than 1 period of sick leave if subsection (2) is complied with for each period. The period of sick leave granted instead of long service leave under subsection (2) (the adjusted period ) is the period for which the employee would have been absent on sick leave had the employee not been on long service leave. If an employee is granted a period of sick leave under subsection (2) — the day the employee is to resume duties after the long service leave is not affected; and the adjusted period is added to the employee’s entitlement to long service leave. As soon as practicable after being granted a period of sick leave under subsection (2) , the employee may ask the employer for an extension of the period for which the employee is currently absent on long service leave. If the employer agrees to the request— the period for which the employee is currently absent on long service leave is extended by the adjusted period; and the employee’s entitlement to long service leave is not affected. This section applies despite section 189 but subject to section 195 . (sec.197-ssec.1) This section applies if, for a period of at least 1 week while an employee is on long service leave, the employee could not, if the employee had not been on leave, have performed the employee’s normal duties because of illness or injury. (sec.197-ssec.2) The employer must approve the granting of sick leave instead of long service leave for the period of the inability to perform normal duties if— the employee makes written application for the leave; and the employee produces a medical certificate from a doctor stating the employee, if the employee had not been on leave, could not have performed the employee’s normal duties because of illness or injury; and the entire period mentioned in subsection (1) is covered by the medical certificate produced; and sick leave is available to the employee. (sec.197-ssec.3) Subsection (2) may apply to more than 1 period of sick leave if subsection (2) is complied with for each period. (sec.197-ssec.4) The period of sick leave granted instead of long service leave under subsection (2) (the adjusted period ) is the period for which the employee would have been absent on sick leave had the employee not been on long service leave. (sec.197-ssec.5) If an employee is granted a period of sick leave under subsection (2) — the day the employee is to resume duties after the long service leave is not affected; and the adjusted period is added to the employee’s entitlement to long service leave. (sec.197-ssec.6) As soon as practicable after being granted a period of sick leave under subsection (2) , the employee may ask the employer for an extension of the period for which the employee is currently absent on long service leave. (sec.197-ssec.7) If the employer agrees to the request— the period for which the employee is currently absent on long service leave is extended by the adjusted period; and the employee’s entitlement to long service leave is not affected. (sec.197-ssec.8) This section applies despite section 189 but subject to section 195 .