It is essential that as an employer, you understand that your employers may be entitled to sick pay for any illnesses they may suffer during their employment term. Continue reading this Business Kitz blog to find out more about sick leave in Australia.
How do I get a sick pay guarantee in Victoria?
Throughout Australia, employees are entitled to sick leave under the National Employment Standards (NES). The NES provides full-time employees with 10 days of paid personal/carer’s leave each year, and part-time employees with a pro-rata entitlement. To be eligible for sick pay, employees must have worked for their employer for at least 12 months and have accrued the relevant leave entitlements.
Employers are required to keep accurate records of their employees’ sick leave entitlements and usage. If an employee is unable to work due to illness or injury, they should notify their employer as soon as possible and provide evidence of their inability to work, such as a medical certificate. By following these steps, employees can ensure they receive sick pay entitlements.
What happens to unused sick leave Australia?
In Australia, unused sick leave can have different outcomes depending on the employment agreement and company policies. Generally, unused sick leave is not paid out when an employee leaves their job or retires, unless specified in their employment contract or enterprise agreement.
However, some companies may allow employees to cash out their unused sick leave, either as a one-time payment or as part of a salary package. Alternatively, employees may be able to use their unused sick leave to extend their notice period if they are resigning from their job.
It is important to check the terms of your employment agreement or company policies to determine what happens to unused sick leave in your specific circumstances.
What happens to sick leave when you resign?
In Australia, when an employee resigns from their job, any unused sick leave entitlements do not generally get paid out as part of their final pay. However, some employers may have specific policies or enterprise agreements that allow for the payment of unused sick leave on resignation.
Another option is for employees to use their unused sick leave entitlements to extend their notice period. For example, if an employee has two weeks of unused sick leave, they may be able to use this to extend their notice period by two weeks. This would allow them to continue to receive their normal pay during that extended notice period.
It is important to check the terms of your employment agreement or company policies to determine what options are available when resigning and what happens to any unused sick leave entitlements
How many sick days do I have a year?
In Australia, full-time employees are entitled to 10 days of paid personal/carer’s leave per year, while part-time employees receive a pro-rata entitlement based on their hours worked. This entitlement is set out in the National Employment Standards (NES), which are part of the Fair Work Act 2009.
Personal/carer’s leave is intended to provide employees with paid leave if they are unable to work due to personal illness or injury, or if they need to care for an immediate family member or household member who is sick or injured, a sick pay guarantee. The 10-day entitlement accumulates each year and can be used for each of these purposes.
Legal advice
If you have any questions regarding ordinary sick pay guarantee or any legal matters, please do not hesitate to contact our sister company, Legal Kitz. The Legal Kitz team are happy to assist you. You can request to book a free 30-minute consultation with their experienced and highly qualified team via our website now. Additionally, you can also check out the Business Kitz subscription service today to access our full range of legal, commercial and employment documents to begin your business with a solid foundation that ensures compliance.