Know Your Rights- Sick Leave

Union members often enjoy enhanced entitlements around Sick Leave as they're negotiated into your Collective Agreements during Union Bargaining. The following is the minimum standard- check your Collective Agreement for more specific entitlements for your workplace.

When can sick leave be taken?

Sick leave may be taken when you are sick or injured, or when your spouse (including de facto partner) or a dependant is sick or injured.

How much Sick Leave do I have?

The minimum entitlement is 10 days paid Sick Leave per year, you may be entitled to more under your Collective Agreement.

If you have a payroll or workplace app you may be able to access your Sick Leave balance in there, if not you’re entitled to ask for this information from your Manager. Make the request in writing. 

Medical certificates A medical certificate can be requested by your Employer, if you’ve had three consecutive days off. Consecutive days off include Rostered Days off.If you take sick leave to care for a spouse, partner or dependant then ask their GP to clearly state that their condition required your care and support.

Employers may sometimes request supporting evidence in some circumstances for absences of less than three days. Check your Collective Agreement for more information about this. In that case your Employer must offer to reimburse the reasonable cost of obtaining a medical certificate if a receipt is provided. That can include transport.

Your privacy

You are not required to tell your employer why you are sick.

Unless you have a long-term illness or injury affecting your ability to perform your role, your specific medical condition is private. The only exception to this role is if you have a communicable disease and are required to advise your Employer as per your Employment Agreement. 

You are not required to answer phone calls or messages from work while on sick leave, provided you have notified work each day as required under normal company policy.

Your health information is personal and you have the right to decide who you disclose it to.

Meetings about sick leave

If asked to attend a meeting to discuss sick leave you have taken, take a union delegate with you and take notes. You are not required to disclose personal medical details in formal or informal meetings. Seek advice from your delegate or organiser beforehand. 

If you have been diagnosed with a medical condition that could affect your long-term ability to do your job it is particularly important you contact the union for advice. Do not attend medical appointments with medical professionals appointed by your Employer without seeking advice first.

Can’t find a copy of your Collective Agreement? These are available on our website under the 'my employer' tab

Need advice?Contact Unite Union – 0800 2 Unite