Getting Value out of Sick Leave When Quitting Job

I have been working at the same company for the last 3 years.

I have barely taken any sick leave, or even much annual leave. I have more sick leave than actual leave!

I am really getting sick of the low wage growth. Plus a dead end job with not much development. Also, the company has significant downside for the foreseeable future.

This is my first job, and I think I have clearly failed to manage my sick leave balance optimally. That is, I should have been taking it as it accured, regardless of whether I was actually sick.

I have not done much research, but I think sick leave is not paid out on resignation. If this is the case, then that is a significant loss to workers ( now employers have a huge incentive to treat loyal workers like shit with no wage growth - so they leave and it extinguishes their liability).

I guess I can claim all the interview appointments as sick days, but it will look at bit dodgy for the line manager, and I will still lose significant value

closed Comments

  • +38

    That is, I should have been taking it as it accured, regardless of whether I was actually sick.

    So you should have been lying?

    I guess I can claim all the interview appointments as sick days

    That would be lying.

      • +56

        Its my benefit.

        The sick leave allowance is made for the benefit of people who fall sick.

        You were not sick.

        Everything else is a deflection.

          • +11

            @random12:

            Ah yes it was. I would have been paid more all else equal.

            Equal to what? Lying about being sick?

            Let me guess. You are the same type that will cheer a CEO getting more than their base pay in bonus while either giving their employees no raise or even cutting their pay?

            What does a CEO's pay or my cheers have to do with trying to claim sick leave when not actually sick?

          • +40

            @random12: You're attempting to compare your personal moral standards and a violation of ethics against executive remuneration pay scales?

            Do you intend to claim bereavement leave as well as any other leave entitlements available to you? Or is sick leave the only one you think you can get away with?

            It's clear from your one-sided replies that you are set on practising unethical behaviour and you really only posted on here to seek positive reinforcement from the OzBargain community to either justify your actions or seek to be absolved from acts which you know are morally wrong.

        • +8

          He's "sick" of the job

          legit reason for taking leave

        • -2

          Tshow, R u saying u never lie at work?

          Never opened ozbargain, Facebook, email, etc. Always focused, working 9-5?

          The only difference is one at home, and the other at work. But neither are working.

          • @[Deactivated]: I do. I never claim otherwise

            I also own the computer and the desk it sits on. And the building it sits in. And the business it is there for.

            But when I'm actively working, my concentration is unwavering.

            • @[Deactivated]: self-employed? that's not the same as OP is it?

              I call BS for employed people that they always work as they are intended to be. That they never once attended their personal matters, phone calls, text, facebook, games, ozbargain, etc.

              • @[Deactivated]: I would hope I have nothing to be compared with the OP.

                I'm a business owner that employs a dozen people and contracts far more.

                • @[Deactivated]: With all due respect sir, but I do not think you have the right to share your view with OP, since you have a biased point of view and do not have any emphaty to share op's view.

                  Especially given that you own a small business, every employee's sick leave hurts your budget and performance directly.

      • +44

        It didn't "cost" you anything. You didn't pay for anything. It wasn't yours.

      • +23

        Two scenarios:

        1: You work 150 weeks. You take no sick leave, and you don't get the 6 weeks of sick leave paid out at the end. You get 150 weeks worth of pay.
        2: over the same period, you take a sick day every now and then. You use up your six weeks of your paid leave. So you get 144 weeks of regular pay, and 6 weeks of sick leave paid out - total of 150 weeks worth of pay.

        You have lost no income by not taking sick leave. Why would you be paid extra for not getting sick?

        • +17

          You have lost no income by not taking sick leave

          Indeed, but another way some look at it is
          Getting paid to go to beach, to do own hobby, for doing nothing or additional income to the second Income/job.

          Time is money, so in a way, it is being paid extra. Chucking a sicky isn't an uncommon thing in Australia, but probably something no one admits.

        • all being equal though /S

    • +69

      Hmmm. I'm female. Does this mean if I quit my job I should somehow try to get my maternity leave entitlement although I'm not pregnant? It's my benefit after all. ;)

      • +5

        Don't forget the sexual harassment shush money.

        • +9

          That's true - I WILL be made redundant while on mat leave thereby leaving the door wide open for a Fair Work claim so feasibly: mat leave entitlement + redundancy payout + fairwork payout. Think big. 😎

          • +4

            @MessyG: The bigger the victim, the bigger the payout! Maybe claim compensation also for stress induced by the saga.

      • +1

        Hahaha, Gold!

      • +3

        Ypu need any help getting knocked up? Split the baby bonus with you

        • +6

          don't forget to claim your paternity leave

          • +1

            @kaitoivan: I never got to use any compassionate leave… Damn people not dying!

      • I can 1 up you, I'm male but i will certainly identify as a woman to get maternity leave just before i leave ;)

  • +10

    I have 6 weeks of accured sick leave ..

    In your contract, is it called sick leave or is it called personal leave?

    I believe personal leave covers a number of scenarios, not just sickness. So you may have reason to take it.

    • +5

      Regardless of what the contract says, the NES refers to this entitlement as personal leave.

    • +27

      A doctor writing a medical certificate for a condition that was fabricated by the patient for the sole purpose of exhausting sick leave is categorically fraud.

        • +44

          Will my income make the above scenario any less fraudulent?

            • +24

              @random12: Don't lie and don't be a fraud.

              Asking me about my income, my job title, how much something that isn't rightfully yours costs you, a CEO's pay… None of that makes a lie into a truth nor fraud any less fraudulent.

            • +5

              @random12: I earn way less then 200k and not even close to being a senior exec nor do I plan on it and completely agree with tshow. Sick leave is a great thing to help us when we are sick if you don't need to use it count yourself as lucky, not like you have been snubbed of something.

            • +8

              @random12: People are treating you like crap because you are in fact, acting like a piece of s…

              Here's another idea, instead of whining about your low paying job, why not uplift your skills and get a higher paying job. Save everybody the trouble.

      • Don't they get around that by saying they are unfit for work (covering Mondayitis).

        • Technicalities can be exploited.

          It doesn't change the intention.

          Legally, it may not be possible nor have enough evidence to make a verdict but it doesn't change the intent to oneself.

      • With all these ridiculous white bread goody two shoe most likely hypocritical replies op probably now does have stress and could easily get the certificate. Hell. Tickle in your throat? Slight headache? Jesus. Not sure why everyone is on the corporations side but c'mon. If it weren't for people abusing it we'd all still get sick pay paid out.
        I say go for it take the days. I've encouraged my partner to as he's up to 8 weeks sick and is planning on quitting in 6 months. Use it or lose it.

        • +2

          Not sure why everyone is on the corporations side but c'mon.

          There are no sides here.

          Calling in sick when not sick is categorically a lie!

          This is the typical "fight the power" BS. It starts with "here's how much money I want". Ironic that this is exactly how the corporates collectively think.

          This isn't even "becoming the evil you seek to destroy". This is "hating the player cause they play the game better".

          • -6

            @[Deactivated]: Okay. So it's a lie. And?
            Are we really that juvenile, that overly moral, for real, seriously for real, that we don't lie to get ahead? Ever? At all? Do we not participate in price errors that either do pay out or don't and we get free credit plus refund? Do other certain members have that no tracking rule where the claim everything without tracking didn't arrive? Do we not ignore being under charged? Did noone ever return a scratched disc to blockbuster instead of buying a new one?
            If your morals are that high you don't take sickies good for you. I think very highly of you. Buy I'm real. And I have one life to live, and that's for my happiness and wealth. Not my bosses..even if I do go out of my way for him, but that's not the point. I like him. He deserves it.
            I'm just saying c'mon. It's not murder. Not even close to a real crime in my eyes. Let's put it into perspective. Seriously.

            • +9

              @lette:

              Okay. So it's a lie.

              Finally.

              Do we not participate in price errors that either do pay out or don't and we get free credit plus refund?

              1. Price error is a business's error. No lies or fraud.

              2. Free credit plus refund - I have no idea what this is. Again, unlikely that there's lying and fraud involved.

              Do other certain members have that no tracking rule where the claim everything without tracking didn't arrive?

              That is fraud. It doesn't make sick leave fraud any less fraudulent.

              Do we not ignore being under charged?

              There is no lying and fraud involved. And personally, I'd correct the mistake if I'm there in person. I don't expect to greatly inconvenience myself to rectify another's mistake as I have done no wrong.

              Did noone ever return a scratched disc to blockbuster instead of buying a new one?

              I don't know the rules for blockbuster but if damaged goods are meant to be declared, your scenario would be lying by omission.

              I'm just saying c'mon. It's not murder. Not even close to a real crime in my eyes. Let's put it into perspective. Seriously.

              So it's less horrible than murder so that's okay?

              It's troubling that you cannot differentiate what's basically opportunistic behaviour and what's categorically fraud.

            • +4

              @lette: Um, no I haven't done any of the deceitful things you've listed. How is that juvenile? By your logic if enough people do something wrong that makes it ok and you should encourage others to do the same.

              • +6

                @Pynylopy: .
                .
                .
                .
                —-murder—-
                (You must be at least this tall to ride the crime train).
                .
                .
                .
                .

            • @lette: taking 8 weeks sick leave in 6 months without docs cert will be difficult. (unless you just make up the med cert).

          • +11

            @[Deactivated]: What constitutes as sick these days isn't even clear. A car ran over me while I was legally crossing the road and I was injured enough not to be able to type on a keyboard for at least 2 weeks. The accident happened during my work hours so my boss saw my injuries, all the blood yet he called me later to ask me to be at work the next day for some shitty meeting. In the meeting he made sure to increase the work pressure on me as I was the only developer on the project. He was even worried I was going to claim worker's insurance. I needed the job, so I copped it and didn't take a single day of leave. 3 years later the company was paying me less than half the market rate, for doing more work than anyone else in my team. They made sure they hired a full time lawyer too when one of the developers was punched by another during an argument and the victim decided to try legal proceedings. Imagine the work culture.

            If corporations can treat employees like this and most of the times get away with it isn't that "fraud" too? In my case I'd say I was pressured into giving up my right to sick leave. And I'm sure you will blame me for it.

            So there is absolutely good reason to stick it to the man and use the accrued sick leave one way or another, especially if the company really has treated you badly.

            • @alikazi: Here is what I read.

              An analogy set up to make an employer look bad. True or false, is irrelevant.

              Highlights justification to lie.

              If the employer is really so horrible, why don't just leave and leave on the shortest notice period. This is playing by the same rulebook and still causing immense inconvenience.

              That's sticking it to the man. The other is just being a coward and doing what's most convenient.

              • +2

                @[Deactivated]: You read all that and missed this?

                I needed the job, so I copped it

                Do you think as an Engineer I don't have the brain capacity to simply leave if I could? I am probably even more educated than you. I couldn't leave, I needed the work experience, they'd sponsored my visa which took 2 years to process so I was stuck, I needed the stability of the job. You read all that missed the fact that employers are highly immoral and unethical.

                From the way you talk about this issue I can only assume you've never even worked in the real world. You have holier than thou attitude. Enjoy your Princess lifestyle till it lasts. If you have a bleeding scrapped arm and you have to report to work next day you will crumble under pressure.

                Watch this and learn what employers are. Watch how people cop it because they need the job.
                https://youtu.be/OwTCasINIvk

                • +3

                  @alikazi: Just because you were exploited by your manager/company doesn't mean all are the same. Yes it was unfair and they did it knowing your disadvantage! May be they considered it as a favour giving you visa for the hardwork - still unjust!

                  If everyone starts to misuse sick leave, there is a high chance to lose it and those who really need it will be disadvantaged! This is why many companies now enforce doctors certificate for sick leave, especially if more than 1 day. Imagine having a flu, there is no medicine, but you still need to go and wait 1-2 hrs in a clinic just to get the certificate!

                  Finally it boils down to your integrity and professionalism as an individual! You may have education and brain, but you seem to have an attitude problem ;-)

                  Btw, I have worked in real corporate world as a developer for last 20 years :-)

                  • +1

                    @bobz79:

                    If everyone starts to misuse sick leave, there is a high chance to lose it and those who really need it will be disadvantaged!

                    Just curious, how can we lose it? Sick leave is not a company policy, it's a legal right for permanent staff. Companies can't just say "no more sick leave for anyone!".

                    At worst, companies will demand sick certificates for all sick leave taken.

                    • @Ughhh: Yes companies are already demanding certificates for sick leave. In many countries they don't ask if only couple of days.

                      But because of high misuse in Australia, companies ask even if just one day, especially around weekend. More enforcement = sick leave is less useful for what is intended. When you are really sick you don't want to bother getting a certificate!

                      Companies can lobby government to change law :-)

                      • @bobz79:

                        Companies can lobby government to change law :-)

                        They can lobby all they like, but I would say that Fairwork works in favour of employees. Just look at how difficult it is to get rid of a sort of bad employee without getting an unfair dismissal claim.

                        • @Ughhh: .. and we wonder why big multinational companies scale down development in Australia and retain only basic sales :-) Even support is moved to other countries in closer time zone like China, Philippines, India etc

                        • @Ughhh: Yes but they did manage to get workchoices through for a little while before the backlash was too great.

                • +1

                  @alikazi: So, you needed a Visa and the company sponsored you.

                  You needed a stable job and the employer kept you.

                  What a horrible boss. Better defraud him/her/them. Such moral superiority. Much holier than thou.

                  You know nothing of me because I offered nothing to you. You on the other hand offered an insight to your morality of convenience.

                  Also a lot of assumptions of convenience.

              • +5

                @[Deactivated]: You missed the Forrest for the trees in alikazi's comment.

                It's a case of, if you are playing by the rules and everyone is breaking them. Then by virtue you are at a disadvantage. You can then make the case that something bad isn't "as bad" or it's even "good". That is the moral dilemma, and you cannot just handwave it away.

                Remember morality is a collective ideal, what you are thinking is rationality, on an individual scale.

                The highest virtue would be someone who sees their own injustices, takes it without complaining/suffers in silence, is tempered by it, rises above it to sharpen their skillset and moving to greener pastures. At least when thinking through Utopian lenses.

                • +2

                  @Kangal: So many philosophies to try to turn a lie into truth.

                  I can miss the forest, I can miss the trees but I can tell what a lie is and that's what I'm calling out.

          • +2

            @[Deactivated]: Mate you're not very Australian, are you? Chucking a sickie is the Aussie way. You should go back to where ya came from with your ethical bullshit.

            • @Munki: Aside from the fact that the vast majority of people I know generally don't fraudulently take sick leave, there's a HUGE difference between sneakily taking it and arguing that it's a moral thing to do.

          • +5

            @[Deactivated]: Ops going to moral hell for taking sick leave lmfao this is hilarious.

  • +7

    Don't get too negative or you will grow old early. I did the whole sick day martyr act at my first job, too. My bad. Let it go.

  • +34

    Sick leave is not an entitlement. It is a benefit to cover your ass just in case. So not being paid out for it when you leave is quite reasonable.

      • +4

        What if it wasn't called a sick day and there was not a measurement for it.

        Instead, it was a situation where if you turned up to work obviously sick, they would have compassion, send you home and still pay you so you have money for food and rent.

      • +3

        Maybe look inwards before you look outwards. Maybe you’re not getting higher income because you’re, well, not that good at your job?

  • +13

    In the immortal words of Elsa: "let it go, let it goooo"

      • +39

        Law was changed to give us sick leave, and bereavement pay, and all sorts. Unions were able to achieve that for our benefit, and now you just wanna shit all over that?

        The word "entitled" gets thrown around a lot, but it's very fitting here 😂

          • +11

            @random12: Because if every employer had to pay out your unused sick leave, they'd just pay you less each year to compensate for it

            Are you really telling us you've worked for a company for 3 years, and you're only just now thinking about the sick leave?

            3 years…?

            Someone must have really pissed you off at work today 😂

      • +5

        Law should be changed to stop this scam from companies.

        The only scam here is the one where you try to get the employer to pay you for something you lied about.

  • +31

    TLDR

    Wants to be paid for unused sick leave. Thinks it's an entitlement. Interchangeable concept of rights, entitlement, benefit and expectation.

    Caution - reading this post and subsequent comments by OP may cause loss of neg votes.

      • +10

        Apologies for contributing net amount and proportionately more towards the common fund.

        • You should be! We don't need your kind round these parts!!!

          /s ofc

      • +15

        Why do you keep asking this irrelevant question?

        Tshow is spot on.

        Do you need a med cert to take sick leave?

        Can you take a day without med cert?

        I think it’s fine to take a day if you have a headache or had a bad days sleep. Go for it. But can’t take weeks off without a med cert and certainly wouldn’t lie to a dr to get one

    • -4

      Geez, listen to yourself. Do you think you're jv?

      Would love for you to post something personal so we can judge you the same way you've judged others in this post.

      • +4

        What judgement?

        All I did was point out lies and fraud. There is absolutely no subjectivity.

        We're not debating if it's right or wrong with an ethical dilemma. Notice how everyone here with the "stick it to the man" attitude circumvents the use of the words lie and fraud even though they've practically specified the definition of those words through their intended actions.

        This is not a "should I help…" scenario. This is a "should I cheat to gain financially". Are people actually missing the point that this is to the financial gain of OP that is to be achieved by lying?

        • Have a read of your posts, they come off quite high and mighty.

          I think what you're trying to point out has been done many times, why keep it going? We get it, OP is attempting to lie to achieve financial gain.

          • +3

            @magic8ballgag: Where?

            And OP clearly doesn't get it. Look at his comment to reports of other people who have defrauded their employers.

    • +4

      Based off OP's comments in this thread, I'd say he's bat**** crazy and could ironically be entitled to a few weeks off work to recover from insanity.

  • +23

    Op complains about lack of pay-rise, growth in the company…

    Methinks op is very average at their job, and if this attitude is a reflection then I think I'm on point!

    • +7

      I’d give OP the benefit of the doubt. A lot of workplaces have bad management and leadership, which is very unfortunate, and it’s hard to know until you’ve experienced good ones. I’d like to think that OP just needs a bit of direction.

    • +6

      plus

      This is my first job,

      some life lessons are in order

  • +5

    I think the main issue is that you’re unhappy at your current workplace, otherwise you wouldn’t be thinking about “getting value” out of sick leave.

    Suggest you take some time off to gain fresh perspective and ask if this is the right workplace for you. If you’re unhappy about management, don’t waste another day being somewhere you’re not happy at and start focusing on looking for a new job instead. The saying goes that people leave managers, not companies.

  • +14

    When i decided i was taking redundamcy, i immediately went sick. Took all my remaining sick days off, 42 and went in on the next working day and signed my papers and walked out with the cheque so to speak. I just said to my doctor i was not mentally able to work due to the stress.

    As Did a heap of others.

    PS: work also paid for the last 2 weeks as they couldn't have people hanging around accessing information systems knowing they were leaving.

    So i ended up with 90 weeks pay.

    • -1

      Lol, nice

    • +2

      Took all my remaining sick days off, 42… I just said to my doctor i was not mentally able to work due to the stress.

      Is this one doctor that signed off a 42 day medical certificate on presumably a patient's unverified claim or did you have to lie to multiple doctors?

      The only ethical dilemma here is whether a doctor who writes such a certificate is intellectually and/or morally capable of being a doctor, or lying to many doctors so you can defraud the employer?

      Only a morally bankrupt person could think that your behaviour is anything but deplorable.

      Ps. With such flexible moral standards, why not just blackmail the doctor that wrote a 42 day MC. That'll get them suspended and put on a permanently restricted license for sure.

      • I wouldn't blame the doctor - it's not exactly difficult to fake (probably why those actually suffering with it are often dismissed…).

      • @tshow any relation to thevoda? @askme69 just stated what he did, all the rest is yours.

    • +10

      So much this. Do this. Screw the holier than thou answers which probably don't work for you at all. This is what I'm currently trying to encourage my very corporate partner to do as he's quitting in six months either way. You only get one life, don't live it for your boss(es)

      • You only get one life, don't live it for your boss(es)

        Yes defraud them! Screw the bosses because you have one life.

        Screw Centrelink

        Screw the banks

        Screw anyone where you stand to benefit. The system is cruel, selfish, greedy…

        Screw everyone if you stand to personally gain. (Don't forget to paint yourself the victim first).

      • +1

        Typical selfish thinking. Probably the same kind of people who don’t pick up after their dogs, or out their own rubbish away. Why bother yea? Waste of time when someone else will do it, or it will just flush into the gutter.

        If you believe sick leave is something you ar entitled to keep be a contractor, you typically get loading in lieu of entitlements as such. But then don’t complain about all the downsides of of not being employed permanently

    • +1

      Boy I would have loved to sack you for doing so and save on the redundancy package too. Fraud is a legitimate reason for sacking.

      It is a specialist who should assess if you are clinically stressed and unfit for work, not you. Probably not even your run of the mill GP.

    • Why are people applauding this and hating on the OP?

      • Probably because they aren't acting like it's their moral right.

  • +15

    Use it as a positive point in future job interviews….. I have a great track record of not chucking sickies.

    • That’s some really good advise after long, long replies above. Was already feeling like sick.

    • How would this work, exactly?

      Saying something like, "I don't take many sick days" in an interview would be bizarre. Who says that? Why would anyone highlight it?

      Just saying that would have the interviewer/panel immediately suspect the reason it was raised by the interviewee.

      And it's not as if the claim can be proven. Such information is absolutely protected by privacy laws, so could not be verified.

      I would put making a comment like this in an interview on a par with commenting on the attractiveness of the putative new employer's daughter. Or an off-the-cuff remark about one's Klan subscription being due.

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