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  1. #1
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    Default Does anyone know anything about sick day policys

    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.

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    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


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    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.
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    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!

  5. #5
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    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?
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    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.
    "Free speech does not give you a free pass to say incorrect things and not be criticised for it."

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    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!
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    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?

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    Quote Originally Posted by Lukie View Post
    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!
    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.


  10. #10
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    Quote Originally Posted by Lukie View Post
    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.
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