Yahoo Finance Sick leave rule Australia should adopt as ‘harsh’ work act lashed
A sick leave rule that exists in the UK could be the key to solving an Aussie practice that a GP has slammed as "pointless".
Aussie workplaces are being called on to scrap the practice of asking employees for medical certificates for as little as a day’s sick leave. With other jurisdictions like the United Kingdom taking a much more relaxed approach to the leave, there have been calls for Australia to ditch its “onerous” system.
Australia's National Employment Standards, which set the minimum standards across most workplaces, allow employers to ask for evidence for employees taking sick leave. According to Fair Work, employers can ask for evidence “for as little as one day or less off work”.
HR expert Jonathon Woolfrey said that means employers can require medical certifications for any time away from the workplace, which “could even be 10 minutes for personal or sick leave”.
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“That requirement is incredibly onerous and in what I understand of Western democracies it is one of, if not the harshest, provision that favours employers,” Woolfrey told 2GB.
“That is pretty harsh and a pretty unreasonable expectation in my view when you need evidence to support that.”
In the UK, for example, there is a self-certification system with staff only needing to provide medical evidence if they are sick for more than seven days.
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While Woolfrey said the UK’s approach may be too relaxed and could lead workers to seeing seven days leave as an “entitlement”, he said Australia needed to strike a good “balance”.
The national standards set the absolute minimum, however employers can choose to be more flexible with their leave policies.
“There are some good examples in enterprise agreements and workplace policies where I think they have struck a better balance,” Woolfrey said.
“Not as generous as the UK has but less specific than every minute you are out of the workplace you need evidence.”
Woolfrey noted that employers needed to find a “reasonable” balance, with employers ultimately the ones that end up paying for it when staff are sick.
Doctors weigh in on ‘pointless’ rule
Doctors have argued that medical practices can take up valuable appointment slots and some are calling for Australia to take a more relaxed approach to medical certificate requirements.
Tim*, a GP who works in Byron Bay, told Yahoo Finance around a fifth of patients he typically sees every day are there for medical certificates for work. This costs them around $50, which he doesn’t think is necessary.
"Adults with a viral illness don't need to see a GP," he explained. "They need to stay at home and get better."
Geoff*, a GP in Melbourne, told Yahoo Finance he believes workers should be allowed to take three days off without needing to prove they are sick.
"Beyond 72 hours is fair enough, but for short, self-limiting illnesses it’s pointless," he said.
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