Victorian Government Schools Agreement (VGSA) 2008 - Australian ...

of agreement, the employeeis entitled to not be availableto attend work for up to 48hours (ie two days) per occasion.The casual employee isnot entitled to any payment forthe period of non-attendance.(c) The Employer must not failto re-engage a casual employeebecause the employeeaccessed the entitlementsprovided for in this subclause.The rights of an Employer toengage or not to engage acasual employee are otherwisenot affected.(11) (a) Where the Employer reasonablybelieves that an employee’sstate of health maymake him or her a danger toother employees or persons atthe workplace, the Employermay require the employee toabsent himself or herself fromduty on personal leave until amedical practitioner approvedby the Employer examinesthe employee and provides areport to the Employer.(b) If the medical report disclosesthat the employee is unfit forduty, the employee shall begranted such further personalleave as the medical reportindicates is necessary.(c) If the medical report disclosesthat the employee is fit for duty,the personal leave debited as aresult of a direction under thisclause shall be restored and theemployee repaid any salary orwages lost as a result of thedirection under subclause (a).War service sick leave(12) (a) For the purposes of this subclause;(i) “accepted war-causeddisability” means acceptedby the Department ofVeterans Affairs as being awar caused disability;(ii) “served in the war” unlessthe context otherwise indicatesmeans service in warlikeoperations in Vietnamafter 31 July 1962.(b) An employee who served inthe war and who has an acceptedwar-caused disability,shall, apart from any personalleave which may be standingto his or her credit, be creditedwith 114 hours (15 days fora full time employee) warservice sick leave in respect ofeach year of service from andinclusive of 1 August 1962 upto a maximum credit of 760hours (100 days for a full timeemployee).(c) Where the Employer is satisfiedthat the illness of anemployee with at least sixmonths’ service is directlyrelated to, or is aggravatedby, an accepted war-causeddisability that employee shallbe granted war service sickleave to the extent credited inaccordance with subclause (b).Accident compensation leave(13) (a) If an employee sustains personalinjury arising out of or inthe course of, the employee’semployment in circumstanceswhich under the AccidentCompensation Act 1985 (Vic)requires the Employer to notifythe Accident CompensationCommission of such injury,and the Employer or Commissionadmits liability to makeweekly payments for injuryor the Accident CompensationCommission or Tribunalorders that weekly paymentsbe made, such employee shall,apart from any personal leavewhich may be standing to hisor her credit, be granted leaveon full pay, less the amountpaid by way of weekly compensationunder the AccidentCompensation Act 1985 (Vic)during the incapacity.(b) Except where the Employerapproves, no leave shall begranted under this clausewhich is:(i) in excess of a continuousperiod of 52 weeksinclusive of any other leavewhich may be granted withpay; or(ii) in excess of an aggregateof 52 weeks in respectof a particular injury orincapacity.(c) An employee shall not beentitled to personal leave withpay during any period he orshe is in receipt of weeklycompensation payments underthe Accident CompensationAct 1985 (Vic).Infectious Diseases(14) (a) Where a medical practitionerapproved by the Employercertifies that an employeehas contracted an illness as adirect result of exposure to aprescribed infectious disease(other than poliomyelitis, orpulmonary tuberculosis orinfectious hepatitis) duringthe course of the employee’sduties, the employee may begranted up to three monthsleave with full pay withoutdeduction from the employee’spersonal leave credits for theperiod the employee is unfitfor duty.(b) Where a medical practitionerapproved by the Employercertifies that an employeehas contracted poliomyelitis,pulmonary tuberculosis orinfectious hepatitis as a directresult of exposure duringthe course of the employee’sduties, the employee may begranted up to six months leavewith full pay and six monthsleave on half pay. Any leave sogranted in excess of the employee’spersonal leave creditsshall not be regarded as adebit against the employee.On resumption of duty, suchemployee shall be entitled to atotal initial sick leave credit ofnot less than 182.4 hours (24days for a full time employee).(c) If an employee’s duties exposehim or her to the risk of contractingan infectious diseaseand a medical practitionerapproved by the Employercertifies that by reason ofcontact with a person sufferingfrom an infectious disease68 69