Sick Notice And Medical Certificates

The following article provides information on How Much Sick Leave For Full-Time Employers, When Evidence Has To Be Given, Types Of Evidence Needed For Sick Leave, Can An Employer Deny Your Sick Leave Request, and more.

When taking sick leave, you need to let your employer know as soon as possible. You should also specify how long you will be off work.

How Much Sick Leave For Full-Time Employers?

Full-time employees in Australia are entitled to 10 days of paid sick leave per year. This leave accumulates progressively from the first day of employment, and unused sick leave can be carried over to the next year.

When Evidence Has To Be Given

An employer can ask you to give evidence that shows you:

weren’t able to work because of an illness or injury

Your employer can ask to provide evidence for as little as 1 day or less off work. If you don't give evidence, you may not be entitled to be paid for your sick leave.

Types Of Evidence Needed For Sick Leave

Medical certificates or statutory declarations are examples of acceptable forms of evidence. While there are no strict rules on what type of evidence needs to be given, the evidence has to convince a reasonable person that you are genuinely entitled to sick leave.

Can An Employer Deny Your Sick Leave Request?

Employer can’t deny sick leave. The most they can do is ask you to provide evidence.

Furthermore, denying your entitlements, such as sick leave, whether it be through misrepresentation, coercion, or intimidation, is considered injurious and a breach of workplace health and safety.

Under the Fair Work Act: “Adverse action is unlawful if it’s taken for a prohibited reason or reasons."

Adverse action includes doing, threatening, or organising to do any of the following:

injuring an employee in their employment (for example, not giving an employee their legal entitlements, such as pay or leave)”

In Australia, several laws and protections are in place to ensure that you are not forced to work when you are sick:

Fair Work Act 2009

Workplace Rights: Employees have the right to take sick leave and must be allowed to use it as needed. It's illegal for employers to take adverse action against employees for exercising this right.

Work Health and Safety (WHS) Laws

Duty of Care: Employers are required to provide a safe working environment. If an employee is unwell, especially if they have a contagious illness, employers must allow them to stay home to prevent spreading illness to others.

Sick Leave Entitlements

Paid Personal Leave: Full-time employees are entitled to 10 days of paid personal leave per year, which can be used for sick leave. Part-time employees receive a pro-rata amount.

General Protections

Protection Against Adverse Action: It's unlawful for an employer to take adverse action against an employee for taking sick leave, such as demotion or unfair dismissal.

You should feel empowered to take the necessary leave when sick, without fear of negative repercussions from your employer. If you face issues, consider seeking advice from organizations like the Fair Work Ombudsman.