Employees thinking they can get away with “a sickie” and receive sick pay without submitting the necessary documentation to prove their absence may find themselves docked a day’s pay.
Employees need to understand they must adhere to the basic requirements when taking paid personal leave due to illness or injury or they may be treated as taking unpaid leave, warns leading national boutique law firm, Parke Lawyers.
Employees who do not meet the notice requirements or the evidence requirements under the Fair Work Act 2009 may not qualify for paid personal leave unless a Modern Award or enterprise agreement provides for different entitlements.
Parke Lawyers special counsel, Roland Müller, an experienced advocate and accredited specialist in commercial litigation, says: “Under the Act, employees are required to notify their employer that they are taking leave, the type of leave and its expected duration. They are also required to provide evidence that the leave is being taken for the reason claimed. If they provide a medical certificate, this needs to be signed by a medical practitioner.
“The Fair Work Act is clear. There is no entitlement under the Act to paid or unpaid personal, carer’s or compassionate leave unless the notice and evidence requirements are met.”
While some flexibility may be good for morale and workplace relations, being able to apply the strict requirements under the Act can be useful where employees take an entitled or cavali