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

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Derek R

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14 December 2016
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Is it appropriate to offer an incentive system based on employees not taking sick leave over a prescribed period under employment law?
 

Rod

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

Tim W

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

Rod

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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

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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

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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.