Managing personal leave can be complex, especially when it comes to evidence requirements, extended leave absences and balancing entitlements.
Here, our employee relations experts answer some of the most common personal leave questions raised by CCIWA Members recently.
As a CCIWA Member, you get unlimited access to our Employee Relations Helpline. Our specialists are here to help you manage your employee relations needs. This includes prompt advice on your circumstances, consulting, documents such as kits and guides and up-to-date industrial relations information.
Q: Can a business request medical evidence for an employee who needs to access personal leave?
A: An employee who needs to access personal leave is required to comply with notice and evidence requirements. An employer may require an employee to produce evidence that would satisfy a reasonable person, examples of which may include a medical certificate from a registered health practitioner, a statutory declaration or other evidence that would satisfy a reasonable person.
If an employee does not comply with notice or evidence requirements, disciplinary action may be taken.
Q: Is there a cap on how much personal leave an employee can take at one time?
A: There is no cap on how much personal leave an employee can take. An employee can utilise their paid personal leave they have accrued with no restrictions on the duration. Once an employee has exhausted their balance of paid personal leave, the leave will become a period of unpaid personal leave.
If the employer requires evidence for the employee’s absence, they should request it at the time they receive the notification. This will give the employee the chance to obtain the evidence, which may include visiting a doctor. It is also recommended that businesses have a leave policy, which outlines when evidence is required, such as after a public holiday or leave surrounding a weekend.
Q: What should a business do if they are suspicious of a medical certificate provided by an employee?
A: If an employer believes an employee has provided a fraudulent or invalid medical certificate, the employer can contact the practice that issued the medical certificate. The employer can ask the practice to confirm that the medical certificate was issued by the practice but no further clarification about the employee’s condition should be sought.
Medical certificates issued via online platforms can still be seen as evidence that would satisfy a reasonable person. Many online medical certificates are issued by medical practitioners. A business should make sure that a medical certificate has a provider number from the issuing healthcare professional.
Q: Can an employee apply for annual leave if paid personal leave is exhausted?
A: If an employee exhausts their paid personal leave entitlement but are still unfit to return to work, the leave will become unpaid personal leave. Sometimes, an employee will have annual leave accrued and may request to use their annual leave entitlement. An employee does not have an entitlement to use annual leave when personal leave has been exhausted, however, the employee can still make the request. It is at the business’ discretion as to whether the employee can use their annual leave in this instance, providing the employer has not unreasonably refused such request. If a business has a leave policy, this should also be reviewed in conjunction with the request.
More resources
- Employment Lifecycle Kit: information and templates on personal leave, including a template leave policy and leave application form.
- Who’s entitled to personal/carer’s leave?
- Personal leave: the rules and what a leave policy should include
- Sick/carer’s leave for state system employers
Q: Can we discipline an employee for taking an extended period of personal leave?
A: Disciplining an employee for using paid or unpaid personal leave can carry risks such as general protections risks or unfair dismissal risks. Providing an employee is complying with notice and evidence requirements, an employer should not discipline an employee from using this entitlement.
If an employee has been on personal leave for an extended period of time, assessments may be required to ascertain an employee’s ability to perform the role going forward.
If you need assistance with or have questions about personal leave, contact our Employee Relations Helpline on (08) 9365 7660 or at [email protected].
