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Section 3 – Sickness
Contents
Sick Leave (Incorporating Illness and Injury) With Pay .................... 1
Policy ................................................................................................................ 1
Annual Entitlement................................................................................................................ 1
Criteria/Definition .................................................................................................................. 1
Debiting Paid Sick Leave ...................................................................................................... 1
Full-time Teachers.............................................................................................................1
Part-time Teachers............................................................................................................ 1
Eligibility................................................................................................................................ 1
Entitlements .......................................................................................................................... 2
Accumulation of Paid Sick Leave ...................................................................................... 2
On Appointment ................................................................................................................ 2
Sickness During Currency of Long Service Leave ............................................................ 2
Exit Students in First Two Years of Permanent Teaching Appointment................................ 2
Leave Without Pay – Absence Without Approval.................................................................. 2
Making Up Time.................................................................................................................... 2
Medical Certificates and Reasonable Grounds..................................................................... 3
Monitoring Health.................................................................................................................. 4
Public Holidays ..................................................................................................................... 4
Qualifying for Paid Sick Leave While on Leave Without Pay ................................................ 5
A New Entitlement Accrues............................................................................................... 5
Maternity Leave................................................................................................................. 5
Source of Policy.................................................................................................................... 5
War Service Disability Special Sick Leave............................................................................ 5
When Paid Sick Leave Entitlements are Exhausted ............................................................. 5
Workers’ Compensation and Reinstatement of Paid Sick Leave Entitlements ..................... 6
Principal’s Delegated Responsibility.............................................................. 6
Action Required .................................................................................................................... 6
Applying on Behalf of a Teacher........................................................................................... 7
Reason for Absence Not Notified.......................................................................................... 7
Teacher’s Responsibility ................................................................................. 7
Sick Leave (Incorporating Illness and Injury) Without Pay .............. 8
Policy ................................................................................................................ 8
Criteria/Definition .................................................................................................................. 8
Debiting Sick Leave Without Pay.......................................................................................... 8
Full-time Teachers.............................................................................................................8
Part-time Teachers............................................................................................................ 8
Eligibility................................................................................................................................ 9
Impact on Entitlement ........................................................................................................... 9
Leave Without Pay – Absence Without Approval.................................................................. 9
Medical Certificates and Reasonable Grounds..................................................................... 9
Qualifying for Paid Sick Leave While on Leave Without Pay .............................................. 10
A New Entitlement Accrues............................................................................................. 10
Maternity Leave............................................................................................................... 10
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Source of Policy.................................................................................................................. 11
When Paid Sick Leave Entitlements are Exhausted ........................................................... 11
Principal’s Delegated Responsibility............................................................ 11
Action Required .................................................................................................................. 11
Applying on Behalf of a Teacher......................................................................................... 12
Reason for Absence Not Notified........................................................................................ 13
Teacher’s Responsibility ............................................................................... 13
Criteria/Definition
Paid sick leave will only be granted if the teacher was unfit for work because of the
teacher’s own illness or injury. Eligible teachers can use credited entitlements as
required at any time, and in particular, during the first 12 months of permanent service.
Full-time Teachers
· For full-time teachers, paid sick leave is to be applied for and debited in
days or half days.
Part-time Teachers
· For part-time teachers, paid sick leave can only be applied for and
granted in whole days. They are credited with 10 whole working days
of sick leave entitlement each year, rather than a pro rata fraction and
must therefore claim the total number of working days, each
counted as a whole day, for which they are absent, whether or not
they are timetabled or required to be on duty.
Examples
A part-time teacher is timetabled to teach for parts of Monday, Tuesday,
Thursday and Friday of each school week:
Eligibility
Permanent, limited tenure and contract teachers are eligible for paid sick leave.
Entitlements
On Appointment
Ten working days for both full-time and part-time teachers on permanent
appointment.
Both full-time and part-time contract and limited tenure teachers are
credited with 1 day of paid sick leave entitlement for every completed 20
duty days of the contract or 2.5 days of paid sick leave for every complete
term included in the contract.
Sick leave entitlements for both full-time and part-time contract and limited
tenure teachers who are appointed to successive contracts with a break of
no more than 30 duty days – or receive an extension to a contract period –
are credited on the basis of the total period worked.
Repeated occurrences would leave the teacher liable to disciplinary action (see
Education Act, section 26).
Making Up Time
A teacher may not make up time lost through sickness.
Principals can require individual teachers to provide satisfactory medical certificates for
periods of absence of 3 duty days or less if they have reasonable grounds for doing so.
Reasonable grounds would be deemed to exist if the principal believes or has reason to
believe that the teacher seeking paid sick leave was not unfit for work based upon an
understanding obtained from:
· personal observation of the teacher before and after the absence, possibly
supplemented by questioning;
Other factors which can be taken into account in establishing reasonable grounds for
requesting a medical certificate include:
· comments made in advance and attributed to the teacher that he/she was planning
to be absent on a particular day.
If the principal has reasonable grounds for believing that the teacher was not “unfit for
work for the period claimed due to the teacher’s own illness or injury” when paid sick
leave is sought, then the issue should be discussed promptly and empathetically with
the teacher. The teacher may then decide to submit an amended leave form. If the
principal considers that the teacher has not demonstrated that the absence meets the
criteria, an oral caution should be given to the teacher and documented.
If this situation is repeated, a written warning should be given to the teacher and a
written acknowledgment of its receipt obtained.
If any incident shows blatant and deliberate disregard of the leave procedures by the
teacher (eg the teacher boasts about claiming paid sick leave when not sick), the above
process can be shortened. (Refer to “Leave Without Pay – Absence Without Approval”
in this Section.)
Monitoring Health
All persons in leadership positions are expected to maintain an appropriate level of
awareness of the health and well-being of the employees who report to them. This
monitoring should be supportive and non-intrusive. It is good personnel management
practice and helps to maintain staff morale when done well.
Periodically it may be advisable to discuss health issues in a general manner with staff.
In specific instances, it may be advisable to suggest an individual staff member seek
medical advice or the advice of one of the department’s personnel counsellors. On
occasion, it may be appropriate for the principal to arrange for an ambulance to call at
the school in the case of injury or suggest that a teacher goes home on the grounds of
sickness. If the health issues for an individual are ongoing, the principal should
establish and implement – in consultation with the individual and with medical advice –
a health management plan for that teacher.
Principals and other school leaders have a duty of care for all students in the school and
so must try and be aware of events or circumstances which may mean a teacher’s
capacity to care for students’ well-being is significantly impaired. Principals especially
have a responsibility to maintain (as far as is reasonably practical) a safe working
environment and at times this requires some intervention in health matters. At times, a
principal may request (or require) a medical certificate to provide evidence as to the
health status of a teacher. For example, a teacher who has suffered from an infectious
disease must provide a medical clearance from a medical practitioner before returning
to work.
Further advice on these matters is available from a number of specialist officers in the
Human Resources Directorate.
Every teacher also has a personal responsibility to safeguard their own health and
capacity to carry out their duties effectively.
Public Holidays
A public holiday immediately before or after paid sick leave is taken will not affect the
amount of paid sick leave debited. When a public holiday (duty day) falls between
working days, only the number of absent working days need be claimed (see ED154
and ED154A). A satisfactory medical certificate will be still be required if the number of
duty days absent exceeds 3.
Maternity Leave
Where a teacher on maternity leave suffers a sickness or injury that is, in
the opinion of the Chief Executive:
the teacher must be granted sick leave with pay for the medically certified
period not exceeding the period, if any, standing to the credit of the teacher.
Source of Policy
Education Act Section 24; Education Regulations 15, 16, 21, 22, 24 and 28.
· approve leave without pay for a period of less than, but not equal to, one school
term; and/or
· recommend approval of a longer period of leave without pay, long service leave or,
where applicable, country incentive leave on the grounds of sickness to the
Superintendent, Human Resources.
Where the teacher is unlikely to return to work for a significant period, he/she may be
able to access a “temporary invalidity benefit” through Super SA for up to 18 months.
Where the teacher is unlikely to return to work in the foreseeable future because of
ongoing ill health, advice is to be sought from the Superintendent, Human Resources
whether action to retire the teacher on the grounds of invalidity should be commenced
before approving leave.
This action includes checking required medical certificates are provided and are
“satisfactory”, ie they certify that the teacher was “unfit for work due to the teacher’s own
illness or injury”. He/she can be required to provide a satisfactory medical certificate
regardless of the length of time absent (see “Medical Certificates and Reasonable
Grounds”).
v if the application is for up to 5 consecutive duty days, approve paid sick leave and
forward the completed ED154A together with the satisfactory medical certificate
(where applicable) to Payroll Services; or
v if the application is for more than 5 consecutive duty days, recommend paid sick
leave and forward the completed ED154 together with the satisfactory medical
certificate (where applicable) to the Superintendent, Human Resources;
or
· in the event of a required medical certificate not being provided, record the absence
as “leave without pay – absent without approval” on either ED154 or ED154A as
follows:
v if the application is for more than 5 consecutive duty days, forward the above
recommendation on ED154 to the Superintendent, Human Resources.
· inform the teacher as soon as possible if Payroll Services advises that the teacher
has exhausted his/her paid sick leave entitlement or is not eligible for paid sick leave;
· where the total of absences in a year exceeds 7 working days and, where
appropriate:
Leave_Man_Tch_Sickness.doc 2/04/02 Section 3 - Page 6
Leave Management in Schools – Teachers Sickness
v provide support for the teacher in relation to any personal difficulties that may
exist;
· consider the effect of any existing monitoring program on the application or vice
versa;
· recommend to the Chief Executive, where special circumstances exist, that the
teacher undergo a departmental medical examination to ascertain whether the
absence was for reason of illness or injury. Generally time constraints make this
impractical and it would normally be more useful to require that for a specified period
all absences be supported by satisfactory medical certificates.
If a teacher refuses or is unwilling to submit an application for paid sick leave, then
the principal should pursue disciplinary action (Section 26(1) Education Act).
Teacher’s Responsibility
A sick or injured teacher is to:
· notify the school’s nominee of inability to attend work and the likely duration of absence
as a matter of urgency so that satisfactory supervision of students can be provided;
· where possible, regularly keep that person informed of the likely return date and of
tasks which need to be carried out during the absence;
· inform the principal as soon as possible if it is likely that the absence will exceed
current entitlements;
v complete ED154A
for absences up to 5 consecutive duty days, attach a satisfactory medical certificate
if required (see below) and forward to the principal for approval as soon as
practicable upon resumption of work; or
v complete ED154
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Leave Management in Schools – Teachers Sickness
· if applying for paid sick leave, provide a satisfactory medical certificate as follows:
v for all absences which are longer than 3 consecutive duty days;
v when instructed by the principal, for absences of 3 consecutive duty days or less;
Full-time Teachers
· For full-time teachers, leave without pay for sickness is to be applied for
and debited in days or half days;
Part-time Teachers
· For part-time teachers on leave without pay for sickness, absence for full
weeks will be treated according to the fraction of time employed. For
part weeks, leave without pay can only be applied for and granted in
whole days. The period of leave applied for must cover all duty days,
each counted as a whole day, whether or not the teachers are timetabled
or required on duty.
Examples
A part-time teacher on 0.6 fraction of time is timetabled to teach for
parts of Monday, Tuesday, Thursday and Friday of each school week:
The teacher will be debited one tenth of his/her usual fortnightly salary
per day of leave without pay. This equates to 0.06 of the equivalent full-
time fortnightly salary per day of absence on leave without pay.
Eligibility
Permanent, limited tenure and contract teachers are eligible for sick leave without pay.
Impact on Entitlement
Paid sick leave entitlements credited each year on January 1st are reduced by 1 day for
every 20 aggregated duty days absent on leave without pay in the previous school year
up to a maximum of 10.
Repeated occurrences would leave the teacher liable to disciplinary action (see
Education Act, Section 26).
Principals can require individual teachers to provide satisfactory medical certificates for
periods of absence of 3 duty days or less if they have reasonable grounds for doing so.
Reasonable grounds would be deemed to exist if the principal believes or has reason to
believe that the teacher seeking paid sick leave was not unfit for work based upon an
understanding obtained from:
· personal observation of the teacher before and after the absence, possibly
supplemented by questioning;
Other factors which can be taken into account in establishing reasonable grounds for
requesting a medical certificate include:
· comments made in advance and attributed to the teacher that he/she was planning
to be absent on a particular day.
If the principal has reasonable grounds for believing that the teacher was not “unfit for
work for the period claimed due to the teacher’s own illness or injury” when paid sick
leave is sought, then the issue should be discussed promptly and empathetically with
the teacher. The teacher may then decide to submit an amended leave form. If the
principal considers that the teacher has not demonstrated that the absence meets the
criteria, an oral caution should be given to the teacher and documented.
If this situation is repeated, a written warning should be given to the teacher and a
written acknowledgment of its receipt obtained.
If any incident shows blatant and deliberate disregard of the leave procedures by the
teacher (eg the teacher boasts about claiming paid sick leave when not sick), the above
process can be shortened. (Refer to “Leave Without Pay – Absence Without Approval”
in this Section.)
Maternity Leave
Where a teacher on maternity leave suffers a sickness or injury that is, in
the opinion of the Chief Executive:
the teacher must be granted sick leave with pay for the medically certified
period not exceeding the period, if any, standing to the credit of the teacher.
Source of Policy
DETE Policy “Special Leave”
Education Regulations 16(5), (6), (7) and 20.
· approve leave without pay for a period of less than, but not equal to, one school
term; and/or
· recommend approval of a longer period of leave without pay, long service leave or,
where applicable, country incentive leave on the grounds of sickness to the
Superintendent, Human Resources.
Where the teacher is unlikely to return to work for a significant period, he/she may be
able to access a “temporary invalidity benefit” through Super SA for up to 18 months.
Where the teacher is unlikely to return to work in the foreseeable future because of
ongoing ill health, advice is to be sought from the Superintendent, Human Resources
whether action to retire the teacher on the grounds of invalidity should be commenced
before approving leave.
This action includes checking required medical certificates are provided and are
“satisfactory”, ie they certify that the teacher was “unfit for work due to the teacher’s own
illness or injury”. He/she can be required to provide a satisfactory medical certificate
regardless of the length of time absent (see “Medical Certificates and Reasonable
Grounds”).
v if the application is for less than, but not equal to, one school term, approve leave
without pay for sickness for the period covered by the medical certificate (where
applicable) and forward the completed ED154A together with the satisfactory
medical certificate (where applicable) to Payroll Services; or
v if the application and medical certificate is for one school term or more,
recommend leave without pay for sickness and forward the completed ED154
together with the satisfactory medical certificate (where applicable) to the
Superintendent, Human Resources;
or
· in the event of a required medical certificate not being provided, record the absence
as “leave without pay – absent without approval” on either ED154 or ED154A as
follows:
v if the application is for more than 5 consecutive duty days, forward the above
recommendation on ED154 to the Superintendent, Human Resources.
· discuss accessing other leave provisions with the teacher, if necessary (see “When
Paid Sick Leave Entitlements are Exhausted” in this Section);
· where the total of absences in a year exceeds 7 working days and, where
appropriate:
v provide support for the teacher in relation to any personal difficulties that may
exist;
· consider the effect of any existing monitoring program on the application or vice
versa;
· recommend to the Chief Executive, where special circumstances exist, that the
teacher undergo a departmental medical examination to ascertain whether the
absence was for reason of illness or injury. Generally time constraints make this
impractical and it would normally be more useful to require that for a specified period
all absences be supported by satisfactory medical certificates.
If a teacher refuses or is unwilling to submit an application for sick leave without pay,
then the principal should pursue disciplinary action (Section 26(1) Education Act).
Teacher’s Responsibility
A sick or injured teacher is to:
· notify the school’s nominee of inability to attend work and the likely duration of absence
as a matter of urgency so that satisfactory supervision of students can be provided;
· where possible, regularly keep that person informed of the likely return date and of
tasks which need to be carried out during the absence;
· inform the principal as soon as possible if it is likely that the absence will exceed
current entitlements;
v complete ED154A
for absences up to 5 consecutive duty days without pay, attach a satisfactory
medical certificate if required (see below) and forward to the principal for approval
as soon as practicable upon resumption of work; or
v complete ED154
for absences exceeding 5 consecutive duty days without pay, attach a satisfactory
medical certificate and forward through the principal for recommendation and
departmental approval as soon as practicable upon resumption of work; or
Each application must include adequate details of why leave without pay is sought and
for what period.
· If applying for sick leave without pay, provide a satisfactory medical certificate as
follows:
v for all absences which are longer than 3 consecutive duty days;
v when instructed by the principal, for absences of 3 consecutive duty days or less;