South Australian Consolidated Regulations

EDUCATION REGULATIONS 1997 - REG 16

16—Leave of absence on the ground of illness

        (1)         Subject to this Division the Director-General may grant leave of absence with pay on the ground of illness to a teacher for a period not exceeding the leave standing to the credit of that teacher.

        (2)         Subject to regulation 21 the leave standing to the credit of a teacher, whether appointed before or after the commencement of the Act, shall be—

            (a)         ten school days on appointment; and

            (b)         ten school days on each first day of January succeeding his or her day of appointment,

and in each case deducting from the total so obtained the number of school days in respect of which leave has been taken under this regulation or under the repealed regulations.

        (3)         For the purpose of this regulation where a teacher is retired under section 17 of the Act or any other corresponding enactment and is subsequently reappointed as a teacher, his or her continuous service before retirement and his or her continuous service after reappointment shall be taken into account as though that service was continuous.

        (4)         For the purpose of this regulation where a person, who has previously been in prescribed employment as defined in section 24 of the Act, is appointed a teacher under the Act and his or her service in the prescribed employment is continuous with his or her service as a teacher, the sick leave credit to which he or she shall be entitled under this regulation shall be determined on the basis that his or her service in the prescribed employment is service in the teaching service; provided that where the amount of sick leave taken by the teacher in the prescribed employment is not accurately known, the Minister shall determine the leave to stand to the credit of that teacher.

        (5)         If the period of absence of a teacher on the ground of illness exceeds three days at any time the application for leave shall be accompanied by a medical certificate.

        (6)         Notwithstanding subregulation (5) the Director-General may, if he or she thinks it necessary, require a teacher to produce evidence satisfactory to the Director-General of the existence of the illness of that teacher where his or her leave of absence on the ground of illness is three days or less.

        (7)         Where a medical certificate or other evidence satisfactory to the Director-General is not produced by a teacher as required by this regulation the leave shall be without pay.

        (8)         Where a teacher who is on long-service leave produces a medical certificate satisfactory to the Director-General that he or she has been confined to a residence or to a hospital for a period of at least fourteen days while on that leave he or she may, with the approval of the Director-General, elect to convert that portion of his or her long-service leave during which he or she was so confined to a debit against his or her sick-leave credits; provided that no such conversion shall be granted to a teacher who has received payment for long-service leave on his or her retirement, resignation, retrenchment or termination of services.