The National Employment Standards (NES) are minimum employment entitlements that have to be provided to all employees in Australia. Personal Leave, which comprises of paid sick and carer’s leave is afforded to all full and part time employees while casual employees are entitled to unpaid personal leave. When an employee needs to access Personal (Sick/Carer’s) Leave, they must adhere to specific evidence and notice requirements under the Fair Work Act. If the employee fails to provide the notice or evidence, they may not be entitled to paid personal leave.

Firstly, an employee must let their employer know that they are going to take Personal Leave and they must do this as soon as possible. Secondly, as mentioned above, an employer can ask for evidence of Personal Leave (even if the employee takes only one day, or less, off work).

So, let’s focus on evidence. Fair Work advises that while there are no strict rules on what type of evidence needs to be provided, the evidence has to convince a reasonable person that the employee was genuinely entitled to personal leave. This can take the form of a medical certificate from a certified medical practitioner or a statutory declaration, as it is a legally binding document.

However, what if you are presented with evidence from another source that does not meet these requirements? You, as a business owner have the discretion to accept or decline this form of evidence. We suggest that you are very clear regarding your expectations regarding evidence requirements for personal leave, whether it be in your company policies or employment agreement templates.

For advice on HR-related matters, please contact our team of People Matters Advice advisors at AB Phillips on Monday to Friday between 9:00 am and 5:00 pm AEST by phone on 1300 208 828 or by email: advice@abphillips.com.au.