sec.1093Declaration about sick leave being exclusive of public holidays

### sec.1093 Declaration about sick leave being exclusive of public holidays To remove any doubt, it is declared that sick leave under section 40 is, and always has been, exclusive of a public holiday that falls during the leave. Section 40, as in force from the commencement, and subsection (1) do not affect an existing industrial instrument, or a replacement industrial instrument, to the extent the instrument provides for the effect on an employee’s entitlement to sick leave if a public holiday falls during a period of sick leave taken by the employee. An existing industrial instrument is an industrial instrument— in effect before the commencement; and that provides for the effect on an employee’s entitlement to sick leave if a public holiday falls during a period of sick leave taken by the employee. A replacement industrial instrument , in relation to an existing industrial instrument, is an industrial instrument— made after the commencement; and that covers the same, or substantially the same, employees as the existing industrial instrument; and that provides for the effect on an employee’s entitlement to sick leave if a public holiday falls during a period of sick leave taken by the employee to be the same, or substantially the same, as under the existing industrial instrument. s 1093 ins 2022 No. 27 s 62 (sec.1093-ssec.1) To remove any doubt, it is declared that sick leave under section 40 is, and always has been, exclusive of a public holiday that falls during the leave. (sec.1093-ssec.2) Section 40, as in force from the commencement, and subsection (1) do not affect an existing industrial instrument, or a replacement industrial instrument, to the extent the instrument provides for the effect on an employee’s entitlement to sick leave if a public holiday falls during a period of sick leave taken by the employee. (sec.1093-ssec.3) An existing industrial instrument is an industrial instrument— in effect before the commencement; and that provides for the effect on an employee’s entitlement to sick leave if a public holiday falls during a period of sick leave taken by the employee. (sec.1093-ssec.4) A replacement industrial instrument , in relation to an existing industrial instrument, is an industrial instrument— made after the commencement; and that covers the same, or substantially the same, employees as the existing industrial instrument; and that provides for the effect on an employee’s entitlement to sick leave if a public holiday falls during a period of sick leave taken by the employee to be the same, or substantially the same, as under the existing industrial instrument. - (a) in effect before the commencement; and - (b) that provides for the effect on an employee’s entitlement to sick leave if a public holiday falls during a period of sick leave taken by the employee. - (a) made after the commencement; and - (b) that covers the same, or substantially the same, employees as the existing industrial instrument; and - (c) that provides for the effect on an employee’s entitlement to sick leave if a public holiday falls during a period of sick leave taken by the employee to be the same, or substantially the same, as under the existing industrial instrument.