Registered User
Sick leave 'payout'
I heard on the grapevine today that one of our staff is planning on leaving - however also planning on calling in sick for the rest of the week so she can claim her sick leave before she is gone.
My question is - does anyone know - if she does not return to work for another shift are we entitled to pay?? Wouldn't her last day be then calculated as the last day worked and not the four days of sick leave she is trying to claim?
I am looking up the award but it hurts my eyes and i thought someone might have an idea already.
BellyBelly Life Subscriber
Sick leave 'payout'
Hmmm, if the person 'leaving' has a medical certificate for their sick leave they are entitled to that leave.
However, when resigning from a position it is preferrable to give x weeks notice (depending on the circumstances and policy of the workplace).
Registered User
I left work recently with four weeks notice... with those four weeks being spent on sick leave. Only possible because my GP was happy to write medical certificates for me, and in the end my employer didn't even ask for the one that covered the final two weeks, they just paid me anyway.
Sick leave doesn't get paid if it's not used, but she would need medical certificates to be able to do what she's planning.
BW
Registered User
Thank you for your replies. It is what I had thought however my DH argued differently!
BellyBelly Life Subscriber
I think sick leave entitlement depends on the award. I know for nurses we are not required to provide a medical certificate unless we are taking more than three consecutive sick days. If she is required to support her sick leave and she cannot do so, then I imagine you would not be required to pay it, and to either give her leave without pay, or bring forward her termination date to the last day worked.
Registered User
I think it depends on the employer. Either way, its gonna look suss when she quits, they're gonna realise she wasn't actually sick. The other thing is that if she hasn't given notice, they're allowed to dock her pay in lieu, depending on how long she's worked there, so it may not be worth it for her to take the sick leave.
Registered User
what are the terms for your workplace? I know at my work we had to provide a medical certificate if we took more than 2 days sick leave.
I know I tried to use up most of my sick days before I went on maternity leave...but that was one day every week or so
Registered User
I would approach her on the rumours. I would say if she has a valid certificate that there isn't much you could do. However i would think a good detailed reference from you would be more important than taking those days off to get her 'entitled' sick leave. Although you apparently can't write anything bad in a reference you don't have to write anything too detailed especially if she has let you and herself down in that last week... the old saying goes "if you can't say anything nice don't say anything at all'.. On the other hand it may be better for you to not have her there anyway if thats her attitude, she may bring everyone else down...another old saying applies here too "good riddance to bad ..." enjoy
Registered User
Childare it is two days - these type of employess are frustrating....
Registered User
Sure are aren't they ...
Thanks for all of your responses I think it seems as long as she provides the certificate we pay her the leave.
If anyone is wonder, no it isn't me asking in disguise
Registered User
Maybe you could ask her and come to some kind of arrangement. Tell her you know of her plans and offer her a percentage if she doesn't take the week off. In a round-a-bout way suggest that this could affect any references too and you will mention it to any potential new employer.
Seeing as she has been good enough to not use her sick leave for the fun of it (as many many do) she's probably frustrated that it's going to go to waste. I have been in the same boat and my DH walked away from about $35,000 in accumulated sick pay and said he felt like an idiot for always doing the right thing by his former boss!
Registered User
Not everywhere.
Honestly, walking away from sick leave is one of the most wonderful things you can do. It is a LOT better than having to use it.
I once worked with a girl who joked about having 4 months of sick leave accrued, and laughed about how she'd never get to use it. She had a stroke in her late 20s and had well over a year off work. So she got to use her sick leave. It didn't go to waste, but I'm sure she'd much rather have been able to walk and talk and function through that year that she didn't work.
This kind of employee is really annoying, but is there more to it? Does she feel like she deserves it because she feels exploited in some other way?
Registered User
If her final day of work is say 20th July and she rings in on 16th July saying she is sick and has leave enough accrued then you would have to pay her and are entitle to ask for a Dr's Certificate, if she can't supply one you would be able to advise her that it would be leave without pay for the sick leave after the first day or 2nd day depending on what the agreement was when she was employed. On reasonable suspicion employers are entitled to ask for a Dr's Certificate anytime. I work in government and we have to supply a certificate for any sick leave longer than 1 day or if it falls on the day before or after a public holiday and Friday's or Monday's.
It's and absolute PIA for most employers...I work in government. A lady was due to retire and had accrued 6mths sick leave over her years..she all of sudden went on stress leave, they couldn't get her back and she was getting Dr's Certificates. They tried to set up meetings with the HR people to see what they could do to help her...she refused to come in. She came in on her last couple of days before she was due to leave and her leave had run out. Her team were very reluctant to give her the usual 'send off', they did it anyway and needless to say it was not 'the party' you would normally have for retiring.
Registered User
Yeah, it's a bit of a loophole, however there should be some sort of reward for those people - like me and many of my workers, who very rarely take days off - maybe if you have a proven track history, you should get to have half of you accrued leave paid out as a reward.
I currently have enough leave accrued for a month off - my dad when he left a government insitute had close to two years after well over 20 years service.
BellyBelly Member
I thought that most awards state that you aren't allowed to take any kind of leave during your notice period - including annual leave. She can probably take sick leave with a certificate but I thought even to take one day she would need a medical certificate from a doctor. I think the law is to protect the employer and not leave them in the lurch. DH quit his job last year around the time that DD2 was due and had to do his notice period around the time he had off for her birth. His work reluctantly let him do 2 weeks of his notice period before the leave for DD2's birth and 2 weeks of his notice period after. I know that his work place is not unique in this policy and I am fairly sure it it standard under most awards.
BellyBelly Life Subscriber
wow - I didn't know you could accrue sick leave like that?? I thought it 'reset' every year. I thought annual leave was the only thing to accrue like that.I once worked with a girl who joked about having 4 months of sick leave accrued
I agree with the comments about obtaining a dr certificate for any sick leave she takes during the notice period.
Registered User
No it accrues for the length of time you are working with one employer - my father worked for one place for 20 years and had several years of leave accrued at the end of that time- which of course he got nothing for.
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