Sick leave entitlements: understandings your rights and obligations

Unfortunately, we’ve all been there. Your employee has called in sick. You’ve managed to cover their shift and work around their absence. But later, you discover that the sick day might not be legitimate.

This can be frustrating for businesses that find their employees calling in sick with some very fortunate timing. Understanding your rights as an employer and your employees’ sick leave entitlements in these situations is essential.

When can an employee take personal/carer’s leave?

Under the Fair Work Act 2009 (Cth) (‘the Act’), permanent employees are entitled to paid personal/carer’s leave, commonly referred to as paid sick leave, if they’re unfit for work due to illness or injury. They’re also entitled to this leave when required to care for or support an immediate family or household member dealing with an illness, injury, or emergency. The Act provides unpaid personal/carer’s leave to casual employees and permanent employees who have used all of their accrued paid personal leave in the same circumstances.

The Act requires employees to give notice of their inability to work as soon as possible, along with information as to how much leave they will require. If they fail to do this, they may not be entitled to paid personal/carer’s leave.

What can employers do if you suspect the sick day is illegitimate?

If you suspect an employee isn’t being truthful about their sick leave, you are well within your rights to request a medical certificate to support their claim.

It’s worth noting that many online services now allow employees to obtain medical certificates without leaving their homes. If you receive a certificate from one of these online services, be sure to review it carefully. Unfortunately, fraudulent medical certificates aren’t uncommon. However, if the certificate is issued and signed by a registered medical practitioner, it will be regarded as sufficient proof.

Taking any kind of adverse action against an employee for taking personal/carer’s leave is prohibited. Doing so may leave you vulnerable to a General Protections claim, as taking this leave according to the Act constitutes exercising a workplace right.

How can I prepare for sickies?

You can prepare for the long weekend by making sure all of the above requirements are clear to your employees. Consider developing a leave policy or conducting a refresher on your policies and employees’ obligations when calling in sick may be a good deterrent for employees thinking about taking a sickie.

Managing sick leave can be tricky for employers to navigate and getting it wrong can cost your business more than just money. We know that business owners wear many hats every day and mistakes aren’t intentional, but they can and do happen – this is where Citation HR can help. We’ll complete a thorough HR Compliance Audit for your business and help identify any risks before they become problems – and the best part – this service is included in our monthly, cost-effective HR Software subscription that’s designed to protect your business from costly risks.

If any of this information has raised questions about sick leave or you have another workplace matter, please reach out to our friendly team of workplace relations experts via our HR Advice Line.

Not a Citation HR client? Want to learn more about how Citation HR can help protect your business? Contact our friendly team today.