Understanding sick leave
Sick leave in Australia is part of the broader personal leave entitlement under the National Employment Standards. It provides financial protection when employees are too unwell to work.
When to use sick leave
- Personal illness (cold, flu, etc.)
- Injury preventing work
- Medical appointments
- Mental health concerns
What employers need
- Notice as soon as practicable
- Expected duration of absence
- Evidence if requested
- Contact details if needed
Sick leave entitlements
The NES provides minimum sick leave entitlements for all permanent employees:
Minimum entitlements
Taking sick leave
When taking sick leave, employees must:
- Notify promptly: Let employer know as soon as practicable
- State the reason: That they're unwell (not detailed diagnosis)
- Estimate duration: How long they expect to be absent
- Provide evidence: If requested by the employer
Medical certificate requirements
Evidence requirements
Employers can request evidence for sick leave, but must be reasonable. The Fair Work Act allows medical certificates or statutory declarations as evidence. Check your award for specific requirements.
Acceptable evidence
- Medical certificate from GP
- Statutory declaration
- Certificate from health practitioner
- Pharmacy certificate (if accepted)
When to require evidence
- Extended absences (2+ days)
- Pattern of absences
- As per award requirements
- Consistent with policy
Common sick leave mistakes
Requiring diagnosis details
Employers cannot require employees to disclose their specific medical condition. A certificate stating they're unfit for work is sufficient.
Denying legitimate sick leave
If an employee has accrued sick leave and is genuinely unwell, employers cannot refuse to allow them to use it.
Pressuring employees to work sick
Pressuring employees to come in when sick can breach WHS obligations and may constitute adverse action.
Key takeaways
Sick leave is an important protection for employees and helps maintain workplace health by allowing unwell staff to recover without financial penalty. Employers must manage sick leave fairly and consistently.
RosterElf's leave management helps you track sick leave balances, process absence notifications, and quickly adjust rosters when staff call in sick.
