Hi all,
One of my staff was on annual leave for a week. During her annual leave she was sick. She has a work certificate. So technically she is on leave, so do I need to pay her sick pay rather than her using her annual leave?
Thanks.
If You Are Sick While on Annual Leave, Do You Expect Sick Pay?
Donaldouk on 03/11/2015 - 22:12
Last edited 03/11/2015 - 23:06 by 1 other user
Last edited 03/11/2015 - 23:06 by 1 other user
Poll Options
- 46Yes you should pay her sick leave
- 11No you should make her take annual leave
- 0It's your call, depend on how nice you are
Comments
That's really good to know, I would not have thought that was the case.
Alot if people probably didn't know the rule existed…I sure didn't.
Thanks for that.
If by 'work certificate' you mean a medical certificate, then yes, she is entitled to Personal Leave.
For the number of days which are mentioned in the medical certificate, you'd need to credit her back the same number of Annual Leave days and debit that amount in Personal Leave days.
If they do not have Personal Leave accrued, then the right thing to do would be consulting with your employee and see what they would prefer, namely 1) have their Annual Leave re-credited back and receive no pay for those days; or 2) have Annual Leave debited for those days.
This provision, from my understanding, is authorised by the FWO and also covers those who are ill whilst on LSL.
Either or either they are getting paid. If she has a doctors certificate and has sick days accrued then the number of days she was sick comes off her sick days.
If i was an employee and my boss screwed me over my sick days I would the following year make sure I took all my sick days owing.
Unfortunately for me I'm self employed and I don't know what sick days are.
yes you do, you have insurance to cover you for sickness (or should have).
"If i was an employee and my boss screwed me over my sick days I would the following year make sure I took all my sick days owing." me too.
What use is insurance to cover 'sick' leave, when many self employed people can potentially lose a long term client.
I realise that but there is insurance to cover sickness.
if they are sick, they are sick and should be able to take sick leave and not have to use annual leave even while they are on annual leave. Your poll shouldn't exist because you don't get to choose, the only option you have is the first one.
You are an employer, you should know these rules. Look it up at fair work Australia for the exact rules so the employee gets their full rights and also so you are ripping your self off (or putting you in danger of treating staff unfairly)X 1000 - learn the rules and abide by them or I hope you are caught and reemed by the Ombudsman.
Yep. It's counted as sick and not annual
If a medical certificate is presented then she should have those days credited back to her annual leave entitlement and be paid sick pay for the time recommended on the doctors certificate.
That is how it happened with places where I worked.
Sick leave is sick leave. It doesn't matter whether your intention was originally to work on that day or not. It was a scheduled work day, she was unable to work, she has documented evidence to that fact, that is what sick leave is for.
Annual leave is for leave that isn't sick leave. It can't be both. And you can't choose which one to apply based on which suits you more. If she submits as Annual and it ticks the boxes, then it's Annual. If she submits (or re-submits) as Sick Leave and it ticks the boxes, then it's Sick Leave.
I requested 2 weeks off (Annual Leave) and got sick for a week and a half of it. It was still taken as Annual Leave.
well then you should go back and tell them to correct it.
You've been dudded by your boss. I took 3 weeks annual leave, father-in-law had heart attack right on the 2nd day requiring hospitalization, surgery and care. There went my holiday. My boss took it as personal leave and it wasn't taken off my annual count. So kind. This was not even a spouse or child. But the circumstances required me to forego the break I was supposed to get. It depend son your boss and how compassionate they are.
well get it fixed then. they are not allowed to do that.
sick leave is for when you are sick, even if you are on annual leave. you should then take the extra 1.5 weeks of annual leave at another date.
take to fair work australia about it.
If you are sick during annual leave, you are legally entitled to claim that affected portion as sick leave. You may need to present evidence to your employer.
at our company if you are off on annual leave and you are sick if you can provide a doctors cert for the time you were sick you can get your annual leave refunded
She choose to take annual leave so…no it's still classed as leave and paid accordingly.
Edit: Wait found this
https://www.fairwork.gov.au/leave/annual-leave/payment-for-a…