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  1. #1
    Join Date
    Jan 2015
    Posts
    2

    Default Sick leave - surgery

    My daughter is going in for elective surgery to have her wisdom teeth removed. She has been told that with a Drs certificate she can be paid sick leave for the required days after the surgery but not for the actual day of the surgery ... Can someone please explain to me why this would be?

  2. #2
    Join Date
    Apr 2012
    Posts
    196

    Default

    Personal Carer's Leave covers an employee who due to illness is unable to work. It doesn't actually cover medical appointments where the employee can work before or after the appt. Perhaps this employer considers your daughter is actually able to work that day (or part of that day)??
    However, if surgery is in the morning, ensure the medical certificate is explicit on this and your daughter should be paid for at least some of that day?? Anyone who has had problem wisdom teeth removed knows it is no walk in the park.
    I suggest your daughter challenges her employer and if still unsatisfied, tell her to call Fair Work for a definitive ruling (get reference number and name of FW person she speaks to) and present that to the employer (in writing) to ensure she gets paid.
    Tiger

  3. #3
    Join Date
    Jan 2015
    Posts
    2

    Default

    Thanx Tiger ... She does shift work (middle management Maccas) ... They said they will pay her but from her a/l or til ... I was shocked to hear that so for my benefit I wanted to know the rules ... Appreciate your time

  4. #4
    Join Date
    Aug 2007
    Location
    Melbourne, Australia
    Posts
    456

    Default

    This pedantic interpretation of the Fair Work Act seems absurd and is destined to result in resentment.

    I can't believe this part of The Act was intended to deprive employees of what is essentially paid "sick leave" for the day on which they have wisdom teeth out, or any other surgical procedure for that matter.

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