18 December Doctor, give me the news: Employee entitlement to personal/carer's leave December 18, 2017 By Reef Admin Leave provisions 0 It’s not uncommon for an employee to ask for a few hours off to visit their GP or attend a specialist medical appointment. They’re not sick, but there’s something they need attended to. Are they entitled to personal/carer’s leave? Surprise, surprise. The answer is not straightforward. While each case needs to be assessed on its own facts, as a general proposition an employee is not necessarily entitled to paid personal/carer’s leave to attend a routine medical appointment or to have elective surgery. This is because, strictly speaking, illness or injury hasn’t prevented them from attending work. That said, the after effects of the appointment or elective surgery may entitle an employee to paid personal leave. For example, if an employee visits the dentist to have a tooth filled or some sort of other cosmetic procedure, they won’t be entitled to paid personal/carer’s leave because they can’t establish their inability to work that day. However if the employee had a wisdom tooth taken out or some other type of major dental procedure, they would be entitled to paid personal/carer’s leave for a period following the procedure as determined by the medical practitioner. Similarly, an employee who attends a dentist because of a severe toothache or similar ailment could claim paid personal leave in circumstances where the illness would prevent them attending work that day. It’s also worth noting that an employee may qualify for paid personal/carer’s leave when they need to attend a medical appointment with a member of their immediate family who is in their care. For example, an employee who needs to take their child to the doctor will qualify for paid personal/carer’s leave because they are providing “care and support” to a member of their immediate family. The bottom line An employee is not usually entitled to paid personal/carer’s leave to attend a medical appointment. However they may be entitled to the leave as a consequence of attendance at such an appointment. Not sure? If you have questions about whether one of your employees is entitled to paid personal/carer’s leave, call the REEF Helpline on 1300 616 170. One of our Workplace Relations Advisors will be able to answer your questions. Related Changes to annual leave provisions now in play In an important decision by the Fair Work Commission, annual leave provisions in modern awards have been varied to provide greater administrative flexibility. The changes apply from the first pay period on or after 29 July 2016. Buying an agency? You need to understand employee entitlements The sale of a real estate agency is something most business owners will face at some point. Here are some things to be aware of when it comes to employee entitlements. Do you need to include personal/carer's leave on pay slips? The REEF advice team recently received an interesting question about whether an employee's personal/carer's leave balance needs to appear on their pay slip. Counting down the days: Employee absence during a probation period How does an employee's absence during their probation period affect their ability to bring an unfair dismissal claim? Does it extend their probation period or Minimum Period of Employment? Parental leave: What to consider when replacing someone It’s an issue all too well known to real estate employers. You have a pregnant employee who is about to head off on unpaid parental leave. Your anxiety levels start to rise. How are you going to maintain your agency’s level of service while they’re gone? Medical certificates and personal leave policies Can a personal leave policy insist that employees provide a medical certificate as proof of illness or injury? And if it does, is the policy compliant with the Fair Work Act 2009 and modern awards? Showing 0 Comment Comments are closed.