Sick Leave While On Annual Leave

Hi my name is Melanie Thorley and I am the principal solicitor at MJT Law and welcome to tips Tuesday.

This is going to be our last tip of the year so I thought I would make it a holiday themed one.

I get asked quite often from employers and employees if it is okay to take sick leave during annual leave. The short answer is yes. Annual leave is paid by the employer at the employees base rate of all ordinary hours worked. Remember this doesn’t include overtime, penalties, allowances or bonuses. Of course your award may state something different but for now let’s just use the typical example.

It is the holiday season and most of us will be taking some time off between the Christmas period. Your employer may direct you to take some of your annual leave during an office or plant shutdown.

This is easy enough but what happens if you get sick or injured while on annual leave? It is possible for you to request that your personal/carers leave be used during this time. Or in other words you can take your sick leave.

Remember that your employer may ask for proof that you are actually injured or sick and you will need to provide the same notice that you would if you were sick during a usual work day but it is possible to take sick leave instead of annual leave.

I would like to offer both employees and employer’s a little advice at this stage… the one thing that I hear employers and employees complain about is loyalty. Please be mindful during this Christmas period that employee/employer loyalty moves in both directions. Stay Safe this holiday season and if you have any questions please contact me.

Merry Christmas everyone and have a lovely new year. Thanks for watching.

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