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  1. #1
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    Default Can I take sick leave?

    I've had a bit of a rough pregnancy and my ob has been wanting me to finish work to rest. Today I ended up in hospital unwell and he said he definitely wants me to finish work now. I'm 34 weeks and I didn't plan on finishing work for 3 more weeks. My workplace does not offer any paid maternity leave so I will just be entitled to the government PPL once bub is born. Am I within my rights to ask for sick leave? My ob is happy to write a letter to say that I must stop work due to medical issues. Just not sure what my rights are.. TIA!

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    Attachment 73135

    Pulled this from the fair work website. If your doctors writes you a certificate then yes your employer has to pay your s/l up to the date that you originally said your were going to finish up.

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    Bubintummy  (01-09-2015)

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    I can't see the fair work item, but at my place of employment we need medical clearance to work within 6 weeks of due date ( so from 34 weeks ).
    In situations where there will be an absence like yours due to illness that is pregnancy related then we must use maternity or annual leave.
    If we had a non pregnancy related illness then sick leave applies

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    Bubintummy  (01-09-2015)

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    I used sick leave to finish a week early at 35 weeks. My coordinator seemed to think I couldn't, but hr said it was fine with a med cert.

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    As long as you're actually sick, you can use personal / carers leave. But if it's just exhaustion, etc. then really they don't have to grant it.

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    Bubintummy  (01-09-2015)

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    If u have a certificate from a doctor saying u are unfit for work then your employer can't deny it! Doesn't matter if it is because of pregnancy or not they don't need to know the reason. For my first pregnancy my doctor said I shouldn't work fulltime so I was able to use my sick leave one day a week and my employer couldn't and didn't deny me this.

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    Bubintummy  (01-09-2015)

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    Thanks for all of the replies!! It looks like I have a UTI (culture not back yet but blood tests and dipstick suggestive) and it is making me actually sick so I'm not just exhausted from being pregnant. It's definitely a factor but not the reason I've been told I absolutely must stop. Have also had TPL and have a history of prem babies so he wants me to rest to give Bub the best chance of staying put a bit longer, especially because it looks like the UTI is causing me to have more contractions. Hopefully my employer is happy to just let me take sick leave but it wouldn't surprise me if I needed to back myself up a bit so thank you all!!!

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    Default Can I take sick leave?

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    You can totally get a letter/certificate from your OB saying you are unfit for work. Your workplace does not need to know the details if you have a medical certificate. It would be a pretty rude workplace to even try to argue (which they can't).

    Your can apply for sick leave - obviously if you don't have enough sick leave accrued you may need to request annual leave on top of this, or unpaid leave. Best to check with your workplace policy as this may answer these questions too.

    Some workplaces actually require a certificate to say you are fit for work if you wish to work past 34 weeks! So what your asking is absolutely not unreasonable, sick or otherwise!

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    Bubintummy  (01-09-2015)

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    You can definitely take it as sick leave. However, if you don't want to take paid leave, and you don't want to shorten your time with bub by starting mat leave early, there is special maternity leave. Just Google it or check the Fair Work website. It's unpaid leave granted prior to the birth of your child if you are unfit for work due to pregnancy related illness (or injury, I guess), and this is supported with a letter from your doctor. Just something to think about

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