SA Employer wants to know medical info after 1 day sick leave

[SthAussie]

Hi there,
I have looked everywhere for an answer to this situation. I work for a large organisation that has multiple worksites across the country. I work under and EBA which specifies that 2 single days sick leave my be taken per annum without the requirement of a medical certificate.

A young colleague (who isn’t known for taking sickies) was called upstairs after having a single sick day, and confronted by 3 members of the leadership team, who then asked her to, disclose what was wrong with her and, to fill out a form which specified this information. The worker felt quite intimidated.

Apparently this is now policy and is justified under duty of care.

The appropriate Union’s response was to ask for a copy of the form and they would investigate.

I have the following issues with this situation:

1. The obvious issue is privacy regarding the worker’s health
2. 3 people for this meeting seems a little confrontational over a single sick day. This seems like intimidation.
3. As a “policy” this seems designed to prevent people from taking sick leave, as many would think twice if they knew they would be faced with an unpleasant interview upon their return. The alternative is to refuse and presumably not get paid?

Would appreciate some thoughts on this, cheers

 

[Rod]

Employers do have a duty of care, however it does not extend to knowing your medical conditions. It is for a worker's doctor to make the call on whether someone is fit for work, not the employer.

A worker is under no obligation to give sensitive medical information to an employer - in most situations. Note that some occupations may require a greater disclosure than others.

Employers who unilaterally impose unrealistic, and potential illegal, policies will face penalties if action is taken against employees as a result of poor policies.

 

[SthAussie]

Hi Rod,
Thank you for your reply. We’re talking about retail here, so not, I would have thought, an occupation that would require greater disclosure.

I’ve found plenty of references to non disclosure of medical condition when having a certificate, but cannot find anything relating to the situation where a certificate is not required.

Do you know of a reference?

I’m following this up here because the EBA is of course, union negotiated. I guess they get paid for that negotiation, so am wary of how independent or persistent they would be about investigating. Thought if I had the appropriate reference(s) I can check, cheers

Employers do have a duty of care, however it does not extend to knowing your medical conditions. It is for a worker's doctor to make the call on whether someone is fit for work, not the employer.

A worker is under no obligation to give sensitive medical information to an employer - in most situations. Note that some occupations may require a greater disclosure than others.

Employers who unilaterally impose unrealistic, and potential illegal, policies will face penalties if action is taken against employees as a result of poor policies.

 

[Rod]

The Fair Work Act says the type of evidence needed is usually specified in the award or EBA. Look at your EBA and if it is not clear or not stated, then no evidence is needed for one day's sick leave.

 

[Clancy]

When it comes to sick leave, there is no shortage of employers who are idiots and sabotage their own business productivity as a result. I worked at such a place years ago.... their policy was to immediately fire any casual who took a sick day, doctors certificate or not. So what do you think was the result of that ingenious policy? Yep, all the casual workers come in sick and spread all the sickness throughout the workplace! I have never been sick so many times in all my life! after about 5 weeks i quit that pathetic job.

It just boggles the mind how these employers can be so F dumb??

 

[GC.]

So what do you think was the result of that ingenious policy? Yep, all the casual workers come in sick and spread all the sickness throughout the workplace! I have never been sick so many times in all my life! after about 5 weeks i quit that pathetic job.

I worked in a place where one of the other departments had a policy of rewarding people who didn't take sick leave for a year. It also resulted in more people coming in sick. At the time, I was recovering from cancer treatment and was more susceptible to illness than normal, and I ended up getting sick a few times. I always wondered what would have happened if I had tried to put it in as a workers comp claim!

Does anyone know if this sort of thing get through under workers comp?

 

[Rod]

Does anyone know if this sort of thing get through under workers comp?

Proving you contracted a cold or flu because of work will be hard. The onus is on you to prove it came from work and was due to work. Next to impossible to prove.

 

[Clancy]

Proving you contracted a cold or flu because of work will be hard. The onus is on you to prove it came from work and was due to work. Next to impossible to prove.

You can prove policy though. But i have not heard that carrot or stick policies to pressure people to come to work sick are strictly illegal?

The government went a long way to fixing the problem by making all unused sick leave roll over from one year to the next, but it is not totally fixed. They need to make sick leave a fixed employee benefit that has to be either used or paid out when leaving the job - leaving under any 'ANY' circumstance, - Thus removing all incentive for employers to play these games.