É«ÀÇÉçÇøadvice on sick leave
2 October 2020
The É«ÀÇÉçÇøhas received enquiries from members in regard to evidence requirements for sick leave. The É«ÀÇÉçÇøis aware some managers have given advice that is not necessarily consistent with the Award. Under the Award, members are entitled to five non-consecutive days of sick leave in a calendar year without a medical certificate. If sick leave is for more than two days in a row, then a certificate is to be produced. The full Award provisions in relation to Evidence of Illness are below.
- Sick Leave – Requirements for Evidence of Illness
80.1ÌýÌýÌýÌýÌýÌýÌý A staff member absent from duty for more than 2 consecutive working days because of illness must furnish evidence of illness to the Department Head in respect of the absence.
80.2ÌýÌýÌýÌýÌýÌýÌý In addition to the requirements under subclause 79.2 of clause 79, Sick Leave of this award, a staff member may absent themselves for a total of 5 working days due to illness without the provision of evidence of illness to the Department Head.Ìý Staff members who absent themselves in excess of 5 working days in a calendar year may be required to furnish evidence of illness to the Department Head for each occasion absent for the balance of the calendar year.
80.3ÌýÌýÌýÌýÌýÌýÌý As a general practice backdated medical certificates will not be accepted.Ìý However if a staff member provides evidence of illness that only covers the latter part of the absence, they can be granted sick leave for the whole period if the Department Head is satisfied that the reason for the absence is genuine.
80.4ÌýÌýÌýÌýÌýÌýÌý If a staff member is required to provide evidence of illness for an absence of 2 consecutive working days or less, the Department Head will advise them in advance.
80.5ÌýÌýÌýÌýÌýÌýÌý If the Department Head is concerned about the diagnosis described in the evidence of illness produced by the staff member, after discussion with the staff member, the evidence provided and the staff member’s application for leave can be referred to HealthQuest for advice.
80.5.1ÌýÌýÌý The type of leave granted to the staff member will be determined by the Department Head based on HealthQuest’s advice.
80.5.2ÌýÌýÌý If sick leave is not granted, the Department Head will, as far as practicable, take into account the wishes of the staff member when determining the type of leave granted.
80.6ÌýÌýÌýÌýÌýÌýÌý The granting of paid sick leave shall be subject to the staff member providing evidence which indicates the nature of illness or injury and the estimated duration of the absence.Ìý If a staff member is concerned about disclosing the nature of the illness to their manager they may elect to have the application for sick leave dealt with confidentially by an alternate manager or the human resources section of the Department.
80.7ÌýÌýÌýÌýÌýÌýÌý The reference in this clause to evidence of illness shall apply, as appropriate:
80.7.1ÌýÌýÌý up to one week may be provided by a registered dentist, optometrist, chiropractor, osteopath, physiotherapist, oral and maxillo facial surgeon or, at the Department Head’s discretion, another registered health services provider, or
80.7.2ÌýÌýÌý where the absence exceeds one week, and unless the health provider listed in paragraph 80.7.1 of this subclause is also a registered medical practitioner, applications for any further sick leave must be supported by evidence of illness from a registered medical practitioner, or
80.7.3ÌýÌýÌý at the Department Head’s discretion, other forms of evidence that satisfy that a staff member had a genuine illness.
80.8ÌýÌýÌýÌýÌýÌýÌý If a staff member who is absent on recreation leave or extended leave, furnishes to the Department HeadÌý satisfactory evidence of illness in respect of an illness which occurred during the leave, the Department Head may, subject to the provisions of this clause, grant sick leave to the staff member as follows:
80.8.1ÌýÌýÌý In respect of recreation leave, the period set out in the evidence of illness;
80.8.2ÌýÌýÌý In respect of extended leave, the period set out in the evidence of illness if such period is 5 working days or more.
80.9ÌýÌýÌýÌýÌýÌýÌý Subclause 80.8 of this clause applies to all staff members other than those on leave prior to resignation or termination of services, unless the resignation or termination of services amounts to a retirement.
If member have further queries, please call the É«ÀÇÉçÇøon 1800 772 679.
Your É«ÀÇÉçÇøstaff
Alex Sala Organiser
Monika Wunderlin Industrial Officer Ìý
What can you do?
Encourage your colleagues to join the É«ÀÇÉçÇøonline at