EXHAUSTION OF SICK LEAVE ENTITLEMENT (CREDIT. If an employee has no sick leave credit, a chief executive, agency head or delegate may, subject to clause 6 of Schedule 1 of the PS Act, permit an employee to take sick leave in anticipation of the leave accruing to the employee, provided that if such employee ceases for any reason to be an employee then the sum equal to the sum paid to the employee in respect of that leave is payable to the public sector agency and is to be deducted from any amount payable to the employee on cessation of employment (see section 70 of the PS Act). Where there are insufficient funds to meet the relevant amount from monies payable to the employee on cessation of their employment, the debt is to be otherwise recovered pursuant to Treasurer’s Instruction No. 5 as a civil debt or overpayment of wages. Alternatively, a chief executive, agency head or delegate may approve an application by an employee for recreation leave, long service leave or retention leave for an absence when the employee claims to be unable to perform their duties due to illness or injury, subject to the relevant accrued entitlement being available and the provision of an appropriate medical certificate or other approved certification. A chief executive, agency head or delegate may approve an application by an employee for leave without pay for absences where the employee claims to be unable to perform their duties due to illness or injury up to a maximum period (per application) of 12 months, subject to the provision of an appropriate medical certificate or other approved certification. Note: A chief executive, agency head or delegate may also approve an application by an employee for leave without pay due to illness or injury, subject to the provision of an appropriate medical certificate or other approved certification, without requiring the employee to exhaust their sick leave credit. Before granting leave without pay in respect of the absence from duty by an employee as a result of illness or injury, a chief executive, agency head or delegate must be satisfied that the employee will be able to resume duty in the foreseeable future. If this is not the case, the chief executive should have regard to the PS Act section 56 ‘Power to require medical examination’ and/or seek Human Resources or legal advice. Effect of leave without pay (due to illness or injury) on accrual of leave entitlements Where a period/s of absence on leave without pay by an employee does/do not exceed the equivalent of one calendar mo...
