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Peoplemakemyday...
19-09-2012, 08:30 PM
Hi I am an manager in NSW and I have an employee saying by law they can use annual leave instead as sick leave if they have used up their sick leave entitlements but I have had advice to the contrary?

Can anyone help please?

Cottoneyes
20-09-2012, 08:46 AM
Annual leave can be used at any time when agreed between the employee and employer. There is nothing that says it can't be used for "sick" leave when all sick leave has been exhausted and it is quite a common practice.

From the companies point of view, it reduces their liability as most have problems with employees having too much leave balance.

HeyPete
20-09-2012, 10:00 AM
In addition to the above comment, companies generally have a policy on Leave without Pay, which ensures employees have exhausted all forms of leave (personal and annual) before taking leave without pay... for the above reason.

desbrooker
20-09-2012, 03:32 PM
I agree as well, but am always reluctant to allow it, as it detracts from the purpose of taking annual leave. It is often a sympton of an 'excessive sick leave taker' and takes away any punitive action (leave without pay) of numerous one day sickies.

Tiger
20-09-2012, 03:41 PM
I too agree - it is ok and best this way due to annual leave liability issues. Remember if a person leaves with an annual leave balance, you have to pay it out. So keep A/L balances to a minimum (ie employees use it) is good.

HeyPete
24-09-2012, 09:38 AM
I agree as well, but am always reluctant to allow it, as it detracts from the purpose of taking annual leave. It is often a sympton of an 'excessive sick leave taker' and takes away any punitive action (leave without pay) of numerous one day sickies.

I think LWOP is just as inflicting to the employer as to the employee.

Basically you have now have a vacant position which you can't cover for. No worker, no salary, no productivity, with a leave liability.