NSW Employee on Negative Balance - Legal Not to Pay Sick Leave?

[Lillian]

One of our employees is on negative balance on sick leave of 9 days. It takes nearly one year to recover. Would it be legal under Employment Law to not pay her sick leave until the balance comes to at least 0, or off set against the holiday leave.

 

[Sophea]

Hi Lilian,

Employers may pay sick leave in advance of the employee accruing it, but are not required to do so. So yes I would say you are well within your rights to require the employee to either take unpaid leave or annual leave if they need to have a sick day. Since you have already advanced them 9 days sick leave, though, you would need to get their permission to apply their annual leave to bring their balance to 0.

 

[Lillian]

Hi Lilian,

Employers may pay sick leave in advance of the employee accruing it, but are not required to do so. So yes I would say you are well within your rights to require the employee to either take unpaid leave or annual leave if they need to have a sick day. Since you have already advanced them 9 days sick leave though, you would need to get their permission to apply their annual leave to bring their balance to 0.

Hi Sophea,

Thank you very much for the answer.