What does “personal leave” mean
Full time and part time employees (including those on fixed or maximum term arrangement) are entitled to paid personal leave. This entitlement is set out in the National Employment Standards (NES). Many employers and employees struggle with understanding what is covered by personal leave and how to account for the leave utilised.
Types of personal leave include sick leave and carers leave. Any unused personal leave is carried over to the following year. Personal leave accruals not taken are not payable upon termination of employment.
Implementing or maintaining a personal leave or leave policy, is about establishing legitimate and fair ground rules with guidance for all employees. It is also about protecting your business from the very real financial burden that can occur when personal leave is abused.
Employers should have clear policies in place to address the misuse of sick leave. Common issues include employees taking sick leave for non-medical reasons or using sick leave excessively. Employers should educate employees about proper sick leave usage and set expectations around transparency (such as requesting medical certificates for extended absences).
In cases where abuse is suspected, employers can take corrective actions, ranging from informal discussions to more formal warnings. It’s important for employers to maintain a balance between protecting employee health and ensuring that sick leave isn’t misused.
Key to remember is that ALL employees are entitled to personal leave when they are sick, injured or need to care for someone (that is sick, injured or there is an unexpected emergency), and they should feel that they can access the time needed to recover so they can be fit and well for all aspects of their lives.
Navigating employee entitlement and managing absenteeism can be challenging. If you have any questions or require any assistance with these or other matters, please do not hesitate to contact us at [email protected] or 1300 720 004.
Full time and part time employees are eligible for paid sick leave if they are unable to work due to personal illness or injury. Full time employees receive 10 days of sick leave annually, while part-time employees receive a pro-rata amount.
Full time and part time employees are eligible for paid carer’s leave. This leave can be used to care for a family member or household member who requires support due to:
- personal illness,
- injury, or
- an unexpected emergency.
Casual employees are entitled to 2 days of unpaid carer’s leave per occasion. If full time and part time employees have exhausted their paid sick or carer’s leave, they can take unpaid carer’s leave.
Employers are often disappointed when and employee notifies them of their absence from work, late. Although this can be frustrating often it can’t be helped. It can lead to angst about making arrangements to cover the employee’s absence.
An employee must let their employer know that they are going to take personal leave (sick or carers leave. However, the employee can notify as soon as possible, and it can be after the leave has started. Given the reason for personal leave is often unexpected and or maybe an unexpected emergency, the notice and evidence requirements are fit for the type of leave.
Employers may ask employees to provide evidence showing they took leave, for any and every occurrence (even as short as one day or less), because they:
- Were unable to work due to illness or injury.
- Needed to care for or support an immediate family or household member due to illness, injury, or an unexpected emergency.
Employees who do not provide the requested evidence may not be entitled to paid (or unpaid) sick or carer’s leave. The leave may also be recorded as unapproved leave or leave without pay (rather than personal leave).
Awards or registered agreements may also specify when and what type of evidence employees must provide. The evidence requested must always be reasonable given the circumstances.
Employers have the right to require a medical certificate from employees when they access personal leave. Recently, there has been an increase in online and telehealth services offering medical certificates. Employers often question whether they must accept these certificates.
Online medical certificates when issued by a registered Australian doctor using a secure and reputable online platform are valid and legitimate. In recent years, telehealth has emerged as a convenient and accessible alternative for seeking medical care.
Medical certificates are valid only if they meet the criteria and guidelines set by the Medical Board of Australia and the Royal Australian College of General Practitioners (RACGP). Key requirements include:
- The certificate must be signed by a doctor currently registered to practice medicine in Australia and registered with the Australian Health Practitioner Regulation Agency (AHPRA).
- The consultation must adhere to professional standards for telehealth assessments, including taking a full and complete medical history.
- Informed clinical judgments must be based on comprehensive medical history and current information.
- Online consultations must involve real-time communication via phone or video to facilitate a comprehensive assessment.
To ensure the expectation is understood, it is advisable to explicitly define what constitutes an acceptable medical certificate within your personal leave (leave) policy. This will ensure all employees are aware of the requirements. Due to the number of non-compliant services in the market, updating your personal leave policy should be a priority as we are seeing increased usage of such services.
Pharmacists can legally issue medical certificates or absence from work certificates. These certificates can only be issued if the illness falls within the scope of a pharmacist’s assessment ability (mostly minor ailments by nature). In some cases, they may refer the employee to a doctor.
Certificates can be issued for short-term leave, up to two days and cannot be backdated.
Pharmacy certificates are:
- Not available for compassionate leave or pregnancy-related absences (except minor ailments during pregnancy).
- Cannot state fitness to return to work.
- Cannot extend an existing Medical Certificate.
You should also note that an employee has the right to provide a signed and correctly validated statutory declaration in lieu of a medical certificate and this must be accepted. From a Fair Work / employment legislation perspective, for a medical certificate to be accepted it must satisfy a reasonable person of its validity. A statutory declaration is a legal document also, so this is also likely to most often satisfy the ‘reasonableness’ test.
One key area of misunderstanding regarding personal leave is whether it can be accessed for appointments. This includes visits to physiotherapists, doctors, or specialists for ongoing treatment, obtaining prescriptions, or investigating health concerns. These types of appointments are not covered by personal leave.
Personal leave is intended for use where an employee is unable to attend work due to illness or injury, or when they need to care for an immediate family or household member who is unwell or injured. For example, if an employee is off sick with bronchitis and needs to see a doctor, personal leave applies. However, if they have a minor cough and are still able to work, an appointment during business hours does not qualify for personal leave.
Employees may use annual leave, accrued time in lieu, take leave without pay, or make up the time later (where this provision exists), but personal leave entitlements are not for regular appointments.
While it is challenging to secure appointments with GPs and specialists, offering flexibility and enabling employees to access necessary medical support can foster loyalty and a positive workplace culture. Employers are not obligated to allow personal leave for appointments unrelated to an employee’s inability to work on that day.
