Employees are entitled to change their leave from annual to sick leave...

Written on the 28th of April 2011 by Gavin Hanrahan

One such issue that you may not be aware of is that if one of your employee’s becomes ill while on annual leave, they’re entitled to change their leave from annual to sick leave - this is provided for in the Fair Work Act. Of course the employee has to provide evidence that would satisfy a reasonable person that they were unfit for work during the relevant period. For example, this evidence may be provided by way of a medical certificate or a statutory declaration.

If this issue arises, you must credit your employee’s annual leave balance for the period of the sick leave and deduct the equivalent sum from their personal leave balance.

If you have any questions, don’t hesitate to call or email me.











Disclaimer - This article is offered for general information purposes only. It is not offered as and does not constitute specific legal advice or opinion. The accuracy of the information is not guaranteed. You should not act or rely upon any of the information contained within this article without seeking the advice of a qualified solicitor who specialises in the particular area of expertise and jurisdiction that you require.