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 contact our Employment Law team.