NSW Is Offering Incentive System for Not Taking Sick Leave Appropriate?

[Derek R]

Is it appropriate to offer an incentive system based on employees not taking sick leave over a prescribed period under employment law?

 

[Rod]

Seems OK to me, as long as there is no penalty for taking sick leave.

 

[Tim W]

Appropriate?
I'm not even sure that it's lawful.

 

[Rod]

Question is whether it is not lawful. I'm not aware of anything that makes it unlawful, but also note I'm not an expert

If the scheme penalises absence for any reason I can see how that is against the FWA, but otherwise I cannot point to anything saying you can't have this kind of incentive scheme.

 

[Tim W]

If nothing else, a scheme that provides a financial incentive
for sick people to come to work when they are not fit to do so
could be inconsistent with the PCBU's WHS obligations.

 

[Rod]

I can see how that can be so.

A scheme though that encourages and rewards people staying fit and healthy will be seen as supporting their WHS obligations.

Much will depend on the detail of the actual implementation.