CHP Magazines CHP Magazines Spring 2019 #16 | Page 71

Katrina Murphy – Talking about
Industrial Relations
In this regular column, our resident industrial
relations expert, Katrina Murphy will answer
questions on employment, employee relations and
Industrial Relations topics.
In this article, we look at frequently asked
questions about sick leave.
Everyone wants to enjoy the huge benefits of
a healthy, fulfilling lifestyle. Even so, sick leave
can be a very difficult topic in many workplaces.
On the one hand, eligibility for paid sick leave
when an employee is too sick to attend work is a
valuable entitlement for permanent employees.
On the other hand, an erratic attendance record
is costly and inconvenient for employers.
Here are some frequently asked questions on
sick leave from the employer’s and the employee’s
perspectives.
What is An Employer Allowed to Do to Try and
Reduce Sick Leave?
Q: Am I able to lawfully publish the sick leave
record of individual staff members on a bulletin
board to motivate them to take fewer sick leave
days, by competing with each other? I would be
prepared to give a prize to the person who has the
fewest sick leave days every quarter.
A: No, you should not do this. As an employer, you
risk a general protections/adverse action claim or
bullying claim if you take such action.
Q: Am I able to insist that my employees must
telephone their manager personally rather than
text in if they are sick?
A: Yes, an employer can make this sort of
notification rule, provided you make the rule part
of a well communicated policy and/or part of their
employment agreement. You must enforce the
rule consistently.
Q: Can an employer issue a warning to an
employee for taking too much of their sick leave
accrual?
A: No, provided the employee has followed the
company’s rules on notifying each absence and
that these rules are reasonable.
Medical Certificates
Q: Is it correct that an employer can only ask for a
medical certificate if an employee has been away
for more than two days in a row or away for more
than three single days in any one year?
A: No, this is not correct. Fair Work Act allows an
employer to require a medical certificate for any
absence for which paid sick leave would apply.
An employer can also for a medical certificate
before they authorize sick leave without pay. Some
Companies and organizations decide to have
enterprise agreements or policies which offer the
benefit of restricting the requirement for a medical
certificate.
Sick Leave to Attend a School Event
Q: Can personal leave be used for any personal
purpose such as attending a child’s school
assembly?
A: No, it cannot. Personal leave can only be used
for time off if you are ill or injured in some way
(including to attend essential medical/health
check-ups on on-going medical conditions.)
Carer’s leave can be used to look after a sick child
or close family member, but only if they are ill or
injured.
Sick Leave Accrual Information
Q: Does my unused personal leave accrual have to
appear on my pay slip?
A: No, it does not.
Q: If I ask my employer how much sick I have
accrued, are they required to tell me?
A: Yes, the employer is required to tell you this
information within a reasonable timeframe (which
is not immediately.)
By Katrina Murphy. Managing Director Katrina Murphy
Industrial Relations Pty Ltd.
Spring 2019 71