Source: XpertHR P&D Date: 05/02/2008 Publisher: XpertHR

Sickness and sick pay: Contractual sick pay entitlement contract clause (contract clause)

TOPICS:
pay and benefits pay levels and awards
terms, conditions and employee rights working time and leave
contracts of employment terms of employment

AUTHOR: Lynda Macdonald


Clause wording: The Employer operates the following policy in relation to employees' eligibility for contractual sick pay.

An employee will not be entitled to contractual sick pay if:

  • the employee has not yet been employed for a continuous period of at least six months and has not worked normally for at least one month prior to the commencement of any incapacity to work;
  • the employee fails to comply with the notification and certification requirements imposed by the Employer from time to time;
  • the employee refuses to attend a medical examination at the reasonable request of the Employer;
  • the employee's incapacity has been caused by participation in dangerous sports or activities;
  • the employee makes or produces any misleading or untrue statement or document concerning his/her fitness to work;
  • disciplinary proceedings are pending against the employee.

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