Ask an expert - Leave in probation period

[ 22-Jul-2012 ]

Q:
One of our staff commenced 5 Mar12 and is on 6months probation has taken 1 sick day on 5 Jun12 2 sick days 28 and 29 Jun 12 2 Annual Leave days 2 and 3 July 12 No Annual leave accrued so I know I do not have to pay Annual Leave but what are my obligations to pay sick Leave when still within 6months probation period.

A:
Under the NES full time employees are entitled to 10 days paid personal/carer’s leave  & 20 days annual leave per year. These accruals are pro-rated for PT employees based on the number of hours they work. Employees are entitled to take paid leave as soon as they have accumulated it, irrespective of a probation period. There is no qualifying  period.

Consequently, in your scenario, the employee should be paid for the 3 “sick” days and the 2 days annual leave.

For clarity; a full-time employee would accrue (and be eligible to take) 5 days personal/carer’s leave & 10 days annual leave across a six month probation.

Chris Biddle
Director of Training and Consulting

Aussiepay


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