Posted by: Anonymous | 2009/07/03


Hi, if one of my staff members takes off a sick day on a Friday, Monday or the day before or after a public holiday, without a Doctors note, can the company take it as Annual leave? That is what my HR department wants to do (based on this being in their letters of appointment, leave policy) and advise the person of accordingly. I have read different on a labour web site. Also, should HR not have to advise this as the experts? Thanks

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Our expert says:
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The company can only take sick leave without a doctors note as annual leave if it is done by agreement, otherwise it is merely unpaid. I presume that you have an agreement with the staff as part of your conditions of service that they must bring a medical certificate on a Monday or Friday before or after a public holiday. If there is no agreement then staff can take sick leave on a one day basis without a doctors certificate and insist on payment.

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Posted by: Anonymous | 2013/08/15

I must disagree with the above (Regardless what clause you put into your contract the law is the law and you can not change that) What you can do is request a sick note only if the employee has been off for more than 2 days or if an employee has been off for more than once in an 8 week cycle. Please go and check out the basic employment conditions on the government web site.

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