Sick leave is leave that employees can take when they can’t attend work because they are sick or injured. Sick leave is a type of personal leave under the National Employment Standards (NES).
Under the NES full time employees are entitled to 10 days’ paid personal leave (for sick and paid carer’s leave) per year. Part-time employees receive a pro-rata entitlement to sick leave based on the number of hours they work. Paid personal leave accumulates from year to year. For employees covered by an award or agreement (including transitional award or agreement based instruments), cashing out of paid personal/carer’s leave (such as sick leave) is permitted if all of the following apply:
the award or agreement allows it
there must be a separate agreement in writing on each occasion that leave is cashed out
the employee must retain a balance of at least 15 days of untaken paid personal/carer’s leave
the employee must be paid at least the full amount that would have been payable had the employee taken the leave that the employee has cashed out.
An employer must not exert undue influence or undue pressure on an employee to cash out a period of personal/carer’s leave. An employee not covered by an award or agreement is not able to cash out paid personal/carer’s leave. In Australia, an employer must not dismiss an employee because they have been temporarily absent from work because of illness or injury if:
- they have a doctor’s certificate (or other evidence under regulation 3.01 of the Fair Work Regulations 2009), and
- they are on paid sick leave or they have had less than three months unpaid sick leave in the last year.
This document will aid compliance with your obligations under the employment legislation. It ensures that all employees know the steps they must take if they are absent. It sets out good, honest work ethics and guidance within relevant legislation so that you are not an employer who suffers from unauthorised absence.
This document is addressed to your staff, so that compliance really happens. Of course, some explanation and education is advised. It helps set boundaries within which staff can work efficiently and effectively whilst being fair to all. Most importantly, use it because you have a legal obligation to ensure that eligible staff are paid if they are sick.
Application and features
Publicises your compliance with legal obligations and statutory sick pay legislation;
Spells out to staff, the strict company policy – what is not acceptable;
Helps to protect you from claims that you have been unfair;
Provides both you and your employees with an easy reference as to sickness and absence procedures.
Contents
Outline of company policy;
Entitlement to sick pay depending on period of continuing employment;
Forfeiture of entitlement to sick pay;
Necessary steps an employee must take if they are absent;
Self certification form requirements
Medical certificate requirements
Prolonged or persistent absence;
Other absence