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View Full Version : Does anyone know anything about sick day policys



Kaileysmum
25-02-2009, 12:41
Hi
My DF had monday and tuesday at home this week as he was sick. He has never had to get a doctor certificate before so he didnt go to the doctor, as it would have been a waste of money as he only had gastro.

Now he has gone back to work and his boss said that he needs to go get a doctors certificate and he wont get paid those 2 days until he gets one. His work have no policys and procedure documents etc for their workers.

How can you go to the doctor and get a certificate after you are sick?

Shouldnt his boss have said that he needed one while sick?

Has anyone got any thoughts on this? 2days of his pay is worth like $400 to us.

bada
25-02-2009, 12:48
Doctor's can't legally back date a certificate as far as I know.
Did he sign an employment contract when he started there? If he did it should outline the company guidelines for sick leave. Mostly they do say you need a certificate for 2 consecutive days or more. If it was in his contract, the boss doesn't need to tell him to see a doctor when he is sick.
If there is no employment contract, contact the Workplace Authority 1300 363 264 http://www.workplaceauthority.gov.au (http://www.workplaceauthority.gov.au/)

bigglet
25-02-2009, 12:50
It can differ between work places especially within smaller businesses.

Some workplaces have limited number of days that you can take sick leave without a certificate - others do say that if you take 2 or more consecutive days off then you need a certificate.
This should all be stated within their HR policies.

MsMummy
25-02-2009, 12:51
Not sure what state you're in and what type of employment or whether it's covered by federal or state awards, agreements etc, if in Queensland perhaps try Wageline to start.

If not in Qld or if in Qld and Wageline can't help you, phone your local department of industrial relations and they should either help you or refer you on.

Sorry, it's a bit vague as i've never had to do it but I've known of other people who have.

ETA: just read Amy's advice re Workplace Authority. That sounds like a better place to start!

[Mod] Nomsie
25-02-2009, 12:51
My DP once ran out of sick days, but was sick again- sick enough to not go to work, but like your DF not sick enough to go to the dr's. He returned to work and was told he needed a certificate.

Long story short, he was allowed to get a stat dec stating that he had indeed been sick and got a chemist to sign it. (But it can be signed by any of the relevant people.)

Maybe look into seeing if a statutory declaration would suffice instead of a certificate?

WorkingClassMum
25-02-2009, 12:51
A generalisation;

Certificates are needed if Personal leave is taken on a Monday or Friday, the day before or after a public holiday or if more than one day is taken or after three single event days are taken.

If you ring your Dr/GP and tell them why you need an appointment they are quite understanding.

Hubby should have been given a copy of the policy, but what I've notated is generally policy in most workplaces and considered to be general knowledge

Good Luck - ring the Dr anyhow and tell them and maybe they could give you a back dated cert.

Lukie
25-02-2009, 13:15
I hate this stupid rule- why do you have to go to the doctor only to tell them you have the flu or gastro, and for them to tell you to keep up your fluids. Mind you, you have to get out of bed and get dressed, drive to the doctors, wait for hours in the waiting room with all the sick people, just for a piece of paper. Makes no sense, and shows lack of trust for your employees.

Having said all of that- if it's stipulated in his contract, then so it must be... Good luck!

Kaileysmum
25-02-2009, 13:16
His work has no policy documents, he has never been told he has to have one for 2 days off etc. We live in TAS and this is what I found of the Tasmania Workplace standards site:


<H1>Leave Entitlements


Sick Leave

Sick Leave allows an employee to be absent from work due to illness or accident without loss of pay. The usual amount of sick leave allowable is 10 days per year (part-time employees proportionate), and unused sick leave accumulates. Some awards may limit the amount of sick leave available during the early months of employment.
There is usually a requirement for the employee to provide as much notice as possible that they cannot attend work and to provide their employer with proof of their illness in the form of a medical certificate or statutory declaration. It is generally up to the employer to set the rules as to when they require a medical certificate this should be made clear to the employee when they start work.
</H1>

What do you guys reakon is his boss in the wrong?

bada
25-02-2009, 13:19
I hate this stupid rule- why do you have to go to the doctor only to tell them you have the flu or gastro, and for them to tell you to keep up your fluids. Mind you, you have to get out of bed and get dressed, drive to the doctors, wait for hours in the waiting room with all the sick people, just for a piece of paper. Makes no sense, and shows lack of trust for your employees.

Having said all of that- if it's stipulated in his contract, then so it must be... Good luck!
:iagree: Good luck waiting in a doctor's waiting room with gastro too!
This is why there was talk of enabling Chemists to write certificates last year, but unfortunately the idea must have been turned down.

Jakois
25-02-2009, 13:34
I hate this stupid rule- why do you have to go to the doctor only to tell them you have the flu or gastro, and for them to tell you to keep up your fluids. Mind you, you have to get out of bed and get dressed, drive to the doctors, wait for hours in the waiting room with all the sick people, just for a piece of paper. Makes no sense, and shows lack of trust for your employees.

Having said all of that- if it's stipulated in his contract, then so it must be... Good luck!

Makes perfect sense to me considering the amount of money employers have had to fork out to people pulling sickies.

OP, as WCM stated that a cert would be required for two consecutive sick days.

Looshkin
25-02-2009, 13:49
If there is no agreement in place, your DF doesn't need to provide anything.

If it went to court - your DF wouldn't be in the wrong as there is no contract he has signed that outlines the companies sickleave policy.

Every company I have worked at has had different policies.
One has unlimited sickleave.. was awesome because I needed surgery and they paid for 2 months sick leave.
The next year it rolled over and I didn't owe anything.
I worked at another small dodge company that tried to change the rules after I negotiated my contract to include 14 days sick leave, they tried to say it was 7 and thought I would just have chucked away my contract - so I had to bring it in and "prove it"

Problem is, it's so not worth it to rock the boat and most employers will just pay you and then hold a grudge than go to court - I mean if they are that stingy they would ask for a cert for 2 days off when they have already been informed that he was sick and they were informed when he would return..
Well I would be just asking the dr to backdate a med certificate.

It isn't meant to be done, but most will do it if it's in the last couple of days if you explain you were actually too sick to get to the doctors..and were not notified BEFORE when you called in sick as the employer needs to legally inform you that they will need a med cert when you call in sick on the second day if thats the case.

PunkyDiva
25-02-2009, 13:57
Is your partner a Permanent Employee ?

I agree pretty mandatory across the board that you have a certificate for more then one day off work. We usually call the on call GP for a house call when it's stuff like gastro. They also usually bulkbill.

Just Add Water
25-02-2009, 14:49
I have never actually looked at my agreements in regards to this as I assumed it was standard practice - 1st day off is fine, more than 1 consecutive day then you require a medical certificate. We run our own business and this is a known expectation with our employees as well (we're in the ACT), though we do have it outlined in our procedures. I have never had a problem getting a cert if I was ill for 2 days or more. If by the end of day 1 I was still feeling ill then I would go to my doctor (or a medical centre if I couldn't get in) and get a cert then. If I felt fine on the 2nd day then I would not use it.