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8.11 Sick Leave

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Last amended 
15 August 2017

A person may access their civilian sick leave entitlement as a result of their accepted condition. The use of this leave entitlement is considered to be a loss and may be compensated.  

To compensate a person for the loss of their sick leave entitlement the amount of the paid sick leave earnings should be excluded from AE. This situation is similar to a situation in which a person, rather than making use of their leave entitlement during the absence, instead takes a reduction in their earnings in order to pay for the absence (the only difference is the method by which the client pays for the absence i.e. a reduction in earnings in one instance; a reduction in leave entitlement in the other). 

The AE of the person will be equal to the gross earnings minus the value of the leave taken as a result of the accepted condition. The hours of paid sick leave should also be excluded from calculations. There must be medical evidence to substantiate the person’s claim that the sick leave was due to the accepted condition.

If a person accesses sick leave for a condition for any other non-accepted condition, the earnings and hours of that leave continue to be held in calculations.

This policy also applies to those former members who are working in the Public Service. Any concern that removing the paid leave from gross earnings in order to calculate AE will result in a 'doubling up' of Government payments is misplaced. The Commonwealth does not pay for the leave taken by this person. Rather, the person himself pays for this leave by making use of his leave entitlement. By taking the leave for his accepted condition, the person is unable to use this leave for anything else. So it is an actual loss with a dollar value - and the person should be compensated for this loss. If the agency the person is employed by had paid for the person's absence without this affecting their leave entitlement, then there would be a 'doubling up' of payments from the Commonwealth.