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sick leave


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#1 José

Posted 11 September 2019 - 05:54 PM



so, i dont want this to be too identifying....

i have a workplace that requires a medical cert. for a single day of sick leave. i see clients. the business only makes money if i see clients.
i was due to have surgery today and would have been unable to work tomorrow, so i cancelled all clients for tomorrow. and told work i would provide a medical cert.
so i was told , after 5.30pm, after waiting 4 hours that my surgery isnt going ahead today.
so i wont be provided with a medical cert. but its also too late to book a day of clients for tomorrow.
so i guess i need to suck this up and not get paid for tomorrow?
WDYT?


#2 WannabeMasterchef

Posted 11 September 2019 - 06:08 PM

Can you get a letter to say the surgery was cancelled?

#3 Ruf~Feral~es

Posted 11 September 2019 - 06:27 PM

Is it a hospital?  They should be able to provide you with a certificate of attendance, which says that you were there, but not that you were actually sick, necessarily.

That is a crazy workplace rule!

Edited by Ruf~Feral~es, 11 September 2019 - 06:27 PM.


#4 ~LemonMyrtle~

Posted 11 September 2019 - 07:43 PM

Any annual leave you can take instead?

My workplace also requires certificates. In your situation though I could have gone to work late or something, or made up the hours during the week. Otherwise I’d have to use annual leave to get paid.

#5 Goldenash

Posted 11 September 2019 - 07:49 PM

I’d be asking your doctor for a certificate for the day.

#6 alchetta

Posted 11 September 2019 - 07:55 PM

How frustrating. Three options-
Explain the situation to the hospital and ask for a certificate of attendance
Go to your GP and get a certificate for both days based on requiring the surgery and being admitted for it
or Submit a statutory declaration in lieu of a medical certificate

#7 rosie28

Posted 11 September 2019 - 08:21 PM

If you attended hospital and waited for surgery ask for a certificate for today, and a letter explaining tomorrow.

#8 Ayr

Posted 11 September 2019 - 08:28 PM

You should definitely be able to get a certificate stating that you were in attendance for the op which didn't go ahead. It's not your fault it was cancelled and unlikely to be something they could avoid but you were still there as arranged.

#9 Etta

Posted 11 September 2019 - 08:35 PM

So you need to cover tomorrow. And you can't get a certificate to say you were at the hospital as that was today, not tomorrow. That is a bummer. Could you attach a note to the cert for today explaining the situation? Can you work tomorrow even if you don't have any clients?

#10 400

Posted 11 September 2019 - 08:36 PM

100% agree with PP

You can definitely get a medical certificate for this, it’s not your fault. This happens in hospitals all the time (unfortunately)

#11 Murderino

Posted 11 September 2019 - 08:52 PM

View PostEtta, on 11 September 2019 - 08:35 PM, said:

So you need to cover tomorrow. And you can't get a certificate to say you were at the hospital as that was today, not tomorrow. That is a bummer. Could you attach a note to the cert for today explaining the situation? Can you work tomorrow even if you don't have any clients?

If you’re an employee (I assume you are as they can require a med cert) I’d go in tomorrow.

#12 José

Posted 11 September 2019 - 09:02 PM

View PostMurderino, on 11 September 2019 - 08:52 PM, said:



If you’re an employee (I assume you are as they can require a med cert) I’d go in tomorrow.

im quite certain they still wouldn't pay me.
clients have all been cancelled. there's no way to book a whole day of clients now for tomorrow.
any client prep work i am required to in my own time. i dont do tasks like answer phones etc that need to be done whether or not clients are there.
i see clients thats what im paid to do.

#13 José

Posted 11 September 2019 - 09:04 PM

View PostEtta, on 11 September 2019 - 08:35 PM, said:

So you need to cover tomorrow. And you can't get a certificate to say you were at the hospital as that was today, not tomorrow. That is a bummer. Could you attach a note to the cert for today explaining the situation? Can you work tomorrow even if you don't have any clients?

yes that's it. i can prove i was at the hospital today. if the surgery went ahead they would have given a medical cert for tomorrow. it didnt go ahead. i have nothing for tomorrow.
can't get paid without clients.

#14 Mollyksy

Posted 11 September 2019 - 09:17 PM

Can you call up Fair Work and see what they say?

Are you a permanent employer with sick and annual leave? Or are you casual (and in which case, why the medical certificate requirement?). Do you have an award you work under?

I guess my point is, if you are permanent and they would have paid you for the two days if you'd had the operation as planned, then you need to cover the days in another way. Either annual leave, leave without pay or make up the hours with agreement.

If you are casual and they wouldnt have paid you anyway and you just need evidence to justify not being there then letter from hospital explaining and stat dec from you explaining what happened should be more than enough.

I'd  call up work though and tell them and ask if they want you to come in or have the day off then tell/ask how you'll cover it.

I'm sorry it was cancelled and presumably you'll need to do this all again. Hope they understand but having worked for a body who got cranky I didnt give more notice when my MIL died (I told manager she was in the hospice, any day now). I'd come in but wanted to leave an hour early. She was cranky I'd not given more notice!!

#15 rileys-mum

Posted 11 September 2019 - 09:20 PM

Are you an employee or a contractor?

A contractor would get paid by client and not get sick leave.

An employee would be required to provide a medical certificate and be paid regardless of workload.
If you are permanent full time or part time they cannot just not pay you.

#16 WaitForMe

Posted 11 September 2019 - 09:22 PM

Going by their rules, you should not cancel client meetings in anticipation of a sick day. They need to be cancelled on the day.

Might be worth talking to them and seeing how they feel about the above scenario.

If they don't like that, then perhaps you can go in and help with admin tasks? Surely theres something you can do.

#17 ExpatInAsia

Posted 11 September 2019 - 09:56 PM

Does your work pay for you to go and get a medical certificate every single time you are sick?

#18 laridae

Posted 12 September 2019 - 02:40 AM

View PostJosé, on 11 September 2019 - 09:02 PM, said:



im quite certain they still wouldn't pay me.
clients have all been cancelled. there's no way to book a whole day of clients now for tomorrow.
any client prep work i am required to in my own time. i dont do tasks like answer phones etc that need to be done whether or not clients are there.
i see clients thats what im paid to do.

I don't think that would be legal. Either expecting you to do prep work in your own time for free or not paying you when you are at work.
What do you do?

#19 alfoil hat

Posted 12 September 2019 - 06:12 AM

Call Fair Work Ombudsman on 13 13 94 regarding whether you can attend work anyway today. If you’re a permanent employee, whether or not you have clients to see should be immaterial, they question is whether you can cancel pre planned leave. As far as evidence goes, the fair work act actually states it just has to be evidence which would satisfy a reasonable person that you’re entitled to take leave, not that it has to be a med cert. So if a med cert is unavailable, a stat dev explaining what has happened should be more than enough. Or a letter from the hospital.

#20 Soontobegran

Posted 12 September 2019 - 07:16 AM

You should be able to get a letter of attendance from the admitting office at the hospital. It does not have to be a medical certificate stating an illness but just the fact you attended for a medical procedure that was eventually cancelled.

#21 Threelittleducks

Posted 12 September 2019 - 07:40 AM

Is it the type of business where clients are happy to come in for last minute cancellations? You may be able to rustle up an afternoon list?

Agree with PP, I would no longer plan ahead for sick leave.

Discuss with your boss and ask if they're happy for you to come in for walk-in appointments etc.

#22 José

Posted 12 September 2019 - 07:54 AM

View PostThreelittleducks, on 12 September 2019 - 07:40 AM, said:



Discuss with your boss and ask if they're happy for you to come in for walk-in appointments etc.

we dont have walkin appointments.

#23 José

Posted 12 September 2019 - 07:58 AM

View PostWaitForMe, on 11 September 2019 - 09:22 PM, said:

Going by their rules, you should not cancel client meetings in anticipation of a sick day. They need to be cancelled on the day.


yes, i think thats the way to go in future.  
i suppose i didnt expect surgery to be cancelled last minute and im typically booked at least 2 months in advance. so if I cancelled someone today i couldnt guarantee them an appointment until nov. but when i re-scheduled in advance that wasnt the case. people often travel to this business and need to take time off work/ reschedule their own lives to attend. when appointments are cancelled last minute admin typically get feedback about how inconvenient it is.
but i guess thats just the way the cookie crumbles.....!

#24 annodam

Posted 12 September 2019 - 02:56 PM

My OH works for a strict workplace like this, any sickies, you’re required to provide a medical certificate.  If you don’t, you’re likely to get docked.
Two weeks ago, he took a day off as Carers Leave.  I needed gum surgery, we asked the Receptionist for a certificate & she was happy to oblige.

#25 Murderino

Posted 12 September 2019 - 06:31 PM

It seems like they want it both ways?

If you’re an employee they can require med certs and if you’re at work they pay you regardless of booked clients.

If you’re a contractor no clients no pay but they also can’t require a med cert.




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