Fair Work Act helps fix Sick Leave Anomaly
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There are some overall positives arising out of the introduction of the Fair Work Act and the NES in particular.
Author: Steve Champion
Date Published: 16/12/2009
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I have an employee who
I have an employee who phoned in mid morning to say that she could not come to work as she was too tired absolutely exhausted. Her shift was 1.33 - 5.30 pm. She was told that she would need a doctors certificate. She did not produce one during the week so did not get paid. She then carried on that she did not get paid and said she was not told to get a medical certificate. this was the second monday off in three weeks - the first she got a certificate four days later and was paid. Now she has come forward with a photocopy signed by a JP of a Stat Dec to say she was feeling sick because she was too tired. Do we have to legally pay her or not as we believe it is a game and is being put on. I will see if the document is legal tender in the mean time. Thks
Editor -
New rules under the NES came into effect on 1 January 2010. The employee must, if required by the employer, give the employer evidence that would satisfy a reasonable person that they were in fact unable to attend for work due to the illness, injury or other allowable reason for taking leave. Being tired or even exhausted doesn't sound like any of those to us, unless of course they have chronic fatigue syndrome or similar, in which case the employee should go to a doctor to get properly diagnosed in any event!
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