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WA No Sick Leave Paid

Discussion in 'Employment Law Forum' started by JB6106, 19 May 2015.

  1. JB6106

    JB6106 Active Member

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    Hi. The company I work for recently introduced a Company Policy which all of the employees signed, in it, it states that a Medical Certificate must be supplied regardless of the number of sick days taken as sick leave.

    One of the employees has taken a sick day and did not bring in a Medical Certificate. Can the employer refuse to pay him for that day, either out of sick leave entitlements or annual leave entitlements? The day would in effect become a LWOP.

    What are the employers legal obligations to the employee under employment law?
     
  2. Tracy B

    Tracy B Well-Known Member

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    Hi there,

    I am not too familiar with employment law and the minimum statutory requirements.

    Is this employee a full-time or part-time employee (or casual)? The requirements will differ depending on employment type.

    I suggest you get this person to contact the Fair Work Ombudsman to enquire specifically about their situation. Further, you can read the following Ombudsman's information pages:
     
  3. Ivy

    Ivy Well-Known Member

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    Hi there,

    Under the National Employment Standards, employers are allowed to make their own policy regarding when evidence is needed for personal (sick) leave. As such, the employer is allowed to ask employees to provide a medical certificate after just one day off from work.

    If the employee hasn't provided that evidence, they may discuss with their employer having the sick day come out of their annual leave, however that is at the discretion of the employer.

    From the information you have provided, it doesn't sound as though the employer has done anything wrong, in particular because they were upfront and transparent in their personal leave policy.
     
    Tracy B and JB6106 like this.
  4. JB6106

    JB6106 Active Member

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    Thank you Ivy
     
  5. JB6106

    JB6106 Active Member

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    Thank you Tracy, I'm sure the employee, who is a full time permanent employee, will take it further if they disagree, but since they signed the company policy, I thought that it was within the employers rights to action this clause. I just wanted to see if anyone else out there had a similar situation and what the consequences had been.
     
    Tracy B likes this.
  6. Tracy B

    Tracy B Well-Known Member

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    You're welcome JB6106. Like you and Ivy said, sounds like the Employer was within its right to exercise this clause. Probably best for the employee to have a chat with their supervisor/employer and discuss why, in this event, they did not go to a doctor or obtain a medical certificate.
     

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