STATUTORY RULES.
1940. No. 274.
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REGULATIONS UNDER THE WAR SERVICE HOMES ACT 1918-1937.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the War Service Homes Act 1918-1937.
Dated this fourth day of December, 1940.
Governor-General.
By His Excellency’s Command,
for Minister of State for Repatriation.
Amendment of the War Service Homes (Staff) Regulations.†
Regulation 102 of the War Service Homes (Staff) Regulations is repealed and the following regulation inserted in its stead:—
Sick leave to temporary employees.
“102.—(1.) Temporary employees who are returned soldiers may be granted leave of absence on account of illness, subject to the following conditions:—
(a) Application for leave shall be made in writing stating the cause of absence;
(b) Where the employee has not completed twenty-six working days’ actual duty the Deputy Commissioner may grant the employee leave of absence without pay if he is satisfied that the absence is due to illness;
(c) Where the employee has completed twenty-six days’ actual duty, the Deputy Commissioner may, if he is satisfied that the absence arises from illness due to causes beyond the employee’s own control, grant leave of absence as follows:—
(i) With pay, at the rate of one day for each twenty-six days of service in respect of which no sick leave with pay has been previously granted; and
(ii) Without pay, at the rate of two days for each twenty-six days of service, except during the first twelve months of service, when leave not exceeding twenty-four days may be granted; and
* Notified in the Commonwealth Gazette on , 1940.
† Statutory Rules 1938, No. 64, as amended by Statutory Rules 1939, Nos. 32 and 136; and 1940, No. 47.
7231.—6/20.11.1940.—Price 3d.
Provided that, where the employee produces satisfactory medical evidence that his illness originated from active service and he has exhausted the sick leave with pay for which he is eligible under the provisions of this paragraph, the Deputy Commissioner may grant additional sick leave on half-pay or at the rate of seven shillings per day, whichever is the greater, to the extent of six days (including holidays but excluding Sundays) in any twelve months.
(d) The grant of leave of absence with pay shall be subject to the production of a medical certificate where the absence exceeds one day or the employee has been previously absent for one day with pay on two or more occasions in any twelve months:
Provided that an employee who has completed at least two years’ service without break, except by authorized leave, may be granted leave of absence with pay without production of a medical certificate to the extent of three days in the aggregate in any twelve months, subject to any continuous period so granted not exceeding two days.
“(2.) Leave allowable under the last preceding sub-regulation which is not availed of by an employee during the period in which it accrues shall be allowed to accumulate.
“(3.) Temporary employees who are not returned soldiers may be granted leave of absence on account of illness if the Deputy Commissioner is satisfied that the absence arises from illness due to causes beyond the employee’s own control, subject to the following conditions
(a) Application for leave shall be made in writing stating the cause of absence;
(b) Where the employee has not completed fifty-two days’ actual duty, the leave of absence shall be without pay;
(c) After completion of fifty-two days’ actual duty the leave granted shall be at the rate of one day with pay and two days without pay for every twenty-six days’ service, but not more than six days with pay and twenty-four days without pay shall be granted in respect of any twelve months’ service;
(d) The grant of leave of absence with pay shall be subject to the production of a medical certificate where the absence exceeds one day or the employee has been previously absent for one day with pay on two or more occasions in any twelve months:
Provided that an employee who has completed at least two years’ service without break, except by authorized leave, may be granted leave of absence with pay without production of a medical certificate to the extent of three days in the aggregate in any twelve months, subject to any continuous period so granted not exceeding two days.
“(4.) Leave allowable under the last preceding sub-regulation which is not availed of by an employee during the period in which it accrues shall be allowed to accumulate.
“(5.) Notwithstanding anything contained in this regulation—
(a) temporary employees who, at the date of commencement of this regulation, have been continuously employed for a period of twelve months immediately preceding that date shall, as from that date, and so long as they are continuously employed, be eligible for sick leave as though they had been permanently appointed at the commencement of that period of twelve months:
Provided that—
(i) there shall be added to the credits of sick leave for which they become eligible under this sub-regulation any accumulated sick leave with pay standing to their credit at the commencement of that period of twelve months; and
(ii) there shall be deducted from those credits any sick leave with pay granted during that period of twelve months; and
(b) temporary employees who, at the date of commencement of this regulation, had not been continuously employed for a period of twelve months and who, after the date of such commencement, complete a period of twelve months continuous employment shall, as from the date of completion of that period, and so long as they are continuously employed, be eligible for sick leave as though they had been permanently appointed at the commencement of such period of twelve months, subject to deduction from the sick leave for which they thereby become eligible of any sick leave with pay granted during that period.
“(6.) For the purposes of this regulation, continuity of employment shall not be deemed to be broken where, in a period of fourteen months, there is employment for not less than twelve months, and any breaks in employment have been due to the requirements of the service.
“(7.) Notwithstanding anything contained in this regulation, where a temporary employee sustains physical injury while on duty, or in circumstances in which the action of the employee is regarded by the Deputy Commissioner as being so meritorious in the public interest as to warrant special consideration, the Commissioner may determine from time to time the period of leave of absence on account of such injury which may be granted to that employee and the conditions under which the leave may be granted.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.