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Question
Posted by: angela | 2011/01/27

sick leave

Good day, in the last 3 years I have taken 62 days sick leave due to emergency operations on my lungs.
For all these I have had medical certificates issued.
On 12th Jan I had emergency laparotomy and been booked off for 6 weeks with a medical certificate.
My company wants to take this as annual or unpaid leave.
Is this allowed since they were emergency medical operations and have valid medical certificates?

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Our expert says:
Expert ImageLabour lawyer

re: Sick Leave

They can give you unpaid leave, there is not much you can do about it even if you have got a medical ceertificate there is a maximum amount of leave.

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2
Our users say:
Posted by: JT.CPT | 2011/01/31

You can never use annual leave to cover for when your sick leave is finished. If you do not have any sick leave left and you need to be off work for 6 weeks I would suggest applying for temp dissability and ask your doctor to motivate the need for this. You can then claim UIF for the six weeks that you are unable to work. I do not think that you can claim UIF or temp dissability after the six weeks though, as I think this process needs to be started when the 6 weeks start. Unfortunately the company does not need to pay you during the 6 weeks you were unable to work as your sick leave benifits are exhausted and they can not use your annual leave for this purpose. You will need to go unpaid for that time you were off.

Reply to JT.CPT
Posted by: Labour Lawyer | 2011/01/31

re: Sick Leave

They can give you unpaid leave, there is not much you can do about it even if you have got a medical ceertificate there is a maximum amount of leave.

Reply to Labour Lawyer

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