Prohibition on cashing-in of accumulated sick leave
27 Prohibition on cashing-in of accumulated sick leave
An award must not allow or require an employee to cash-in the employee’s accumulated sick leave.
Accumulated sick leave is cashed-in if the leave is not taken and a payment is made by the employer to or on behalf of the employee of the amount of remuneration for the period of accumulated leave or of any other amount calculated by reference to that period.
It is immaterial when the accumulated sick leave is to be cashed-in, including on termination of employment (whether by resignation, retirement, death or otherwise) or during the period of employment.
A provision of an award, whether made before or after the commencement of this section, does not have any effect to the extent that the provision contravenes this section.
In this section, award includes—
a former industrial agreement, and
a public sector industrial agreement.
Note.
The above section does not apply to the cashing-in of sick leave under an enterprise agreement. Clause 14 of Schedule 4 preserves the cashing-in under an existing award of accumulated sick leave accrued before 15 February 1993, the date of commencement of section 99A of the Industrial Relations Act 1991 which was the predecessor of the above section.
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