With the winter season on us, the frequency of employees taking sick leave tends to increase. It is crucial for both employees and employers to understand the fundamental legal rights and obligations related to sick leave. While legislation sets the baseline for these entitlements, individual or collective
employment agreements may provide additional benefits.
10 DAYS OF PAID SICK LEAVE PER ANNUM
According to the Holidays Act 2003, all employees, including those working part-time or on a casual basis, are entitled to 10 days of paid sick leave annually. This entitlement kicks in after an employee has completed six months of continuous employment or has averaged at least 10 hours of work per week over a six-month period.
There have been recent talks that the Government is contemplating reforms to align leave entitlements more closely with the number of hours worked – but nothing yet confirmed.
SICK LEAVE CALCULATED IN FULL DAYS
At present, sick leave is calculated in full days. If you work part of the day and then leave due to illness, it may count as a full day of sick leave. However, employers can choose to calculate sick leave in hours or part-days. For instance, if you work half a day and then go home sick, your employer might only deduct half a day from your sick leave balance.
You are entitled to paid sick leave only for days you would have normally worked, known as “otherwise working days.” If you fall ill on a day you were not scheduled to work, such as during unpaid leave or a non-working day, you are not eligible for paid sick leave.
CARRYING OVER UNUSED SICK LEAVE UP TO 20 DAYS
Employees have the option to carry over any unused sick leave from one year to the next, up to a cap of 20 days. However, through mutual agreements or workplace policies, employers and employees can agree to accumulate more than the standard 20 days.
NO ENTITLEMENT TO CASH OUT SICK LEAVE
It is important to note that there is no legislative entitlement for unused sick leave to be cashed out to employees nor does it form part of the final payout when an employee departs from the company.
EMPLOYERS RIGHT TO REQUEST MEDICAL CERTIFICATE
Employers have the right to request a medical certificate for sick leave, particularly if the leave extends beyond three days.
However, they cannot insist on specific health details.
Employers may also request a medical examination if they suspect an employee is unwell or if there are ongoing healthrelated absenteeism issues. However, they cannot force the employee to undergo the examination. In certain limited cases, refusal might lead to suspension. It’s crucial for employers to understand their legal rights in these more complex situations.
COST OF OBTAINING PROOF OF SICKNESS
If the absence is less than three days, the employer must cover the cost of obtaining proof. For absences of three days or more, the employee bears this cost.
CONVERTING SICK LEAVE DURING HOLIDAYS
If an employee or a family member becomes ill before or during a scheduled annual leave, the employee may convert the leave to sick leave, provided they are entitled to it and have the employer’s consent.
ONGOING ABSENTEEISM DUE TO SICKNESS
Managing frequent absences due to health issues requires balancing employer needs with employee recovery rights. Employers must act in good faith, thoroughly investigate the medical situation, and allow reasonable recovery time before considering termination for medical incapacity.
GET IN TOUCH
For any inquiries regarding sick leave entitlements and obligations, please reach out to Blackwood Montagna for expert guidance and support.
