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Payment for sick leave

Payment for sick leave should be at the rate the employee would ordinarily be paid on the day leave is taken (relevant daily pay) or their average daily pay where applicable. For example, an employee who normally works eight hours Tuesday to Friday is sick on Tuesday, a payment of eight hours would be due under relevant daily pay.

Where relevant daily pay is used as the basis of calculation (see the ‘Definitions' box) the payment can include overtime when overtime would have been worked on the day. For example, if the employment agreement specifies an hour for lunch but the employee, at the employer’s request, usually takes only half an hour for lunch, the employee’s sick leave payment would include the extra half hour normally paid for.

If the employee normally works eight hours Tuesday to Friday and four hours on Saturday and is sick on Saturday, the employer may choose to pay the employee their relevant daily pay or average daily pay for the sick day.

Where the employee would have been working on a public holiday but is sick, the day would be treated as a paid, unworked public holiday. Therefore:

Where the employee works continuously but to an irregular pattern, sick leave would be payable if the employee was rostered to work on the particular day leave is taken, or could have expected to be rostered. The sick leave would be paid at the employee’s relevant daily pay or average daily pay. Payment for sick leave is made in the normal pay cycle.