Entitlement to sick leave and bereavement leave

63 Entitlement to sick leave and bereavement leave

(1)

An employee is entitled to sick leave and bereavement leave in accordance with this subpart—

(a)

after the employee has completed 6 months’ current continuous employment with the employer; or

(b)

if, in the case of an employee to whom subsection (1)(a) does not apply, the employee has, over a period of 6 months, worked for the employer for—

(i)

at least an average of 10 hours a week during that period; and

(ii)

no less than 1 hour in every week during that period or no less than 40 hours in every month during that period.

(2)

Sick leave and bereavement leave must be provided—

(a)

to an employee to whom subsection (1)(a) applies, for—

(i)

the 12-month period of continuous employment beginning at the end of the 6-month period specified in that subsection; and

(ii)

each subsequent 12 months of current continuous employment:

(b)

to an employee to whom subsection (1)(b) applies, for—

(i)

the 12-month period of employment beginning at the end of the 6-month period specified in that subsection; and

(ii)

each subsequent 12-month period of employment as long as the circumstances referred to in subparagraphs (i) and (ii) of that subsection continue to apply.

(3)

However, an employer and employee may agree that—

(a)

the employee may take sick leave or bereavement leave in advance; and

(b)

in the case of sick leave taken in advance, the amount of leave taken is to be deducted from the employee’s entitlement under this section.

Compare: 1981 No 15 s 30A(1)