Sick Pay Leave Entitlement

Bulletin 7 – 2015

To: All RTBU Sydney and NSW Train Members,

It has recently been brought to the unions attention that some managers have misinterpreted the sick leave clauses in the Enterprise Agreements – Clause 27.4 (ii) (NSW Trains EA) and Clause 28.4 (ii) (Sydney Trains EA) and in particular members entitlement to claim sick pay for day(s) taken off sick that precede or follow a public holiday without providing a Doctor’s certificate.

The RTBU raised the issue with Payroll Management and explained that it was our understanding of the Clause(s) that – “unless the employee’s absence includes the public holiday a Doctor’s certificate is not required”.

On the 30^th January we received correspondence which confirmed that that a casual absence is payable without a medical certificate when an employee works the public holiday adjacent to sick leave absence.

Members who have been refused sick pay in these circumstances should resubmit an amended timesheet clearly indicating the day(s) off sick and the days worked. It is not necessary to provide a Doctor’s certificate as this would be covered as an “uncertified absence” (casual) – Clause 27.4 (c) (NSW Trains EA) and Clause 28.4 (c) (Sydney Trains EA).

Members who are still having payroll issues should ensure that they contact their immediate manager to have the issue addressed. If they cannot have their matter rectified by their Manager they should provide information on the issue to their local Delegate or the RTBU Office.