Industrial Relations Act 1996 No 17
27 Prohibition on cashing-in of accumulated sick
(1) An award must not allow or require an employee to cash-in the
employee’s accumulated sick leave.
(2) Accumulated sick leave is cashed-in if the leave is not taken and
a payment is made by the employer to or on behalf of the employee of the
amount of remuneration for the period of accumulated leave or of any other
amount calculated by reference to that period.
(3) It is immaterial when the accumulated sick leave is to be
cashed-in, including on termination of employment (whether by resignation,
retirement, death or otherwise) or during the period of
(4) A provision of an award, whether made before or after the
commencement of this section, does not have any effect to the extent that the
provision contravenes this section.
(5) In this section, award includes:
(a) a former industrial agreement, and
(b) a public sector industrial agreement.
Note. The above section does not apply to the cashing-in of sick leave
under an enterprise agreement. Clause 14 of Schedule 4 preserves the
cashing-in under an existing award of accumulated sick leave accrued before 15
February 1993, the date of commencement of section 99A of the
Industrial Relations Act 1991 which was the
predecessor of the above section.