Information about Sick Leave

Sick leave (or sickness pay or sick pay) is an employee benefit in the form of paid leave which can be taken during periods of sickness.

How it works

Sick leave provisions vary by country, state and even industry. Its availability may depend on whether an employee is casually employed or a permanent employee.

Generally, under sick leave provisions, an employee is entitled to certain number of days a year as paid leave for sickness. Conditions may be placed on the leave, such as a medical certificate being required for the period in question.

Under some sick leave provisions, employees can accumulate from leave from year to year.

Procedures on sickness absence reporting

The employee must usually telephone his/her line manager on the first day of absence, before 10.00 am (varies) depending on the employer.

Most employers allow one or two days of sick leave without certificate, however, longer periods usually require a medical certificate.

On return to work - the employer will fill in a sickness absence form and depending on which firm/place they work at they will be asked to attend a return to work/back to work interview which will be done by their line manager.

For hospital treatment/hospital stay whether for treatment/surgery, the employee must inform their line manager about these as well.

Other related forms leave

• Parental leave
• Personal leave
• Family leave
• Bereavement leave

Bereavement leave

Also called compassionate leave is given to an employee whose immediate (close) family member has died. This also includes the day of the funeral. Compassionate leave can also apply if the employee's immediate (close) family member is very ill.

Immediate (close) family members include:

• Parent (mother/father)
• Mother/father in-law
• Brother
• Sister
• Spouse (husband/wife/partner)
• Children (son/daughter) - It can also apply to miscarriage/stillbirth/neonatal death
• Grandparent

Compassionate leave lengths

• Category 1 (Parents, children, spouse) - 3 days (including day of the funeral)
• Category 2 (Siblings, grandparents) - 1 day (day of the funeral)
• Other relatives e.g. aunties, uncles, cousins, great aunties, great uncles and friends - no compassionate leave granted (if you wish to attend the funeral it must be either be taken as annual leave or as a flexi day)

NOTE - The lengths can vary depending on which place or firm you work for.

Additional time off work must be taken as annual leave/flexi day/off sick (check with your line manager to be absolutely sure)

History

Sick leave has its origins in trade union campaigns for its inclusion in industrial agreements. In Australia, it was introduced into "industrial awards" in 1922 [1]

Variation

Casual leave is a variation of sick leave. It is leave from work for reasons other than medical, long service, holiday or family reasons. Casual leave is paid leave for any reasonable reason.

Povisions in Different Countries

Australia

Under the Federal Governments industrial relations legislation ([https://www.workchoices.gov.au/ourplan/publications/html/WorkChoicesandpersonalcarersleave.htm WorkChoices]) eligible employees are entitled to:

• ten days of paid personal/carer’s leave per year (including sick leave and carer’s leave);
• two days of unpaid carer’s leave per occasion; and
• two days of paid compassionate leave per occasion.

Paid personal/carer’s leave can be taken:

• due to personal illness or injury (sick leave); or
• to provide care or support for a member of the employee’s immediate family or household who requires care or support due to personal illness or injury, or an unexpected emergency (carer’s leave).

Up to ten days of paid personal/carer’s leave in any given year can be used as carer’s leave and personal/carer’s leave is cumulative^[1]

United Kingdom

The Department for Work and Pensions (DWP) specifies that all employees who are sick for a period longer than 4 consecutive days but less than 28 days are eligible to Statutory Sick Pay (SSP) paid by their employer^[2]. There are some exceptions including:

• Employees who are over the age of 65.
• Employees who are paid less than £87.00 per week (The minimum required to pay National Insurance Contributions).
• New employees who have not done any work under the contract of employment.
• Pregnant employees (employees who become pregnant will be entitled to Statutory Maternity Allowance)
• Employees recently in receipt of Social Security Benefits (within the last 57 days).
• Prisoners.
• Employees on strike^[3].

If the individual is unable to work due to medical reasons for longer than the 28 days, they may be entitled to Incapacity Benefit.

Receipt of SSP for a period of longer than 7 days is dependant upon a valid Sick Note from a physician being presented to the employer.

See also

• Vacation
• Parental leave
• Labour and employment law
• Employee benefit
• Long service leave

External links

• [https://www.workchoices.gov.au/ourplan/publications/WorkChoicesandpersonalcarersleave.htm Australian Government Workchoices sick leave provisions]
• Access to Paid Sick Days: Vastly Unequal from Dollars & Sense magazine

References