Western Australian Numbered Acts Western Australian Numbered Acts Delete section 20
and insert:
20. Entitlement to paid personal leave
(1) For each year of
service, an employee (other than a casual employee) is entitled to paid
personal leave for the number of hours the employee is ordinarily required to
work in a 2-week period during that year, up to a maximum of 76 hours.
(2) An
employee’s entitlement to paid personal leave —
(a)
accrues pro rata on a weekly basis; and
(b) is
cumulative.
(3) For the purposes
of subsection (1), the hours an employee is ordinarily required to work
in relation to a particular year of service must not include a period during
which the employee is or was a compensated employee.
Note for this subsection:
See the
Workers Compensation and Injury Management Act 2023
section 61(2)(d) in relation to a worker accruing entitlements to sick
leave for any period for which the worker is entitled to receive income
compensation.
(4) If the hours a
compensated employee would ordinarily work in a 2-week period in a particular
year of service cannot be determined, the employee’s hours for each week
in that period are the average weekly hours under section 18B(4).
20A. Taking paid personal leave
(1) An employee may
take paid personal leave if the employee is unable to work as a result of
personal circumstances.
Note for this subsection:
See the
Workers Compensation and Injury Management Act 2023
section 61(2)(c) for a limit to a worker’s entitlement to take
personal leave while receiving income compensation.
(2) However, the
employee is not entitled to be paid for any period of absence from work
resulting from personal circumstances involving personal illness or injury
affecting the employee if the circumstances are attributable to either of the
following in the course of the employee’s employment —
(a) the
employee’s serious and wilful misconduct;
(b) the
employee’s gross and wilful neglect.
(3) If, while on paid
personal leave, an employee takes paid family and domestic violence leave, the
employee is taken not to be on paid personal leave for the period of the paid
family and domestic violence leave.
(4) This section is
subject to the Workers Compensation and Injury Management Act 2023
section 61.