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Hair & Beauty Australia Industry Association

If an Employee falls ill while on Annual Leave – What to Do?

Posted August 6, 2016

It can be an unfortunate situation when a hair and beauty employee goes on annual leave but falls ill during this period of leave. It should be noted, however, that an employee can request to take sick leave instead of annual leave should they fall ill during their holidays.

The National Employment Standards indicates that an employee cannot be on annual leave if they are on any other type of leave under the Fair Work Act 2009 (with the exception of parental leave). This would apply even if the employee was on approved annual leave. Therefore if an employee contacts an employer as soon as practicable and provides a medical certificate or evidence that they are unfit to work, then they are able to take leave from their personal carer’s leave instead of annual leave. This will require the employer to ensure they have not deducted the days off sick from the leave balance and deduct the balance from the personal carer’s leave entitlement.

If an employee has requested that annual leave be paid up front, please note that this may mean that an employee has been paid leave loading when they are switched over. The employer and the employee will need to sit down and discuss how this will either be repaid, or agree in writing that as the employee has switched to personal carer’s leave that the leave loading was paid in advanced. It is extremely important that this conversation is documented and signed by both parties and kept for the employer’s records.

For further clarification call HABA on 02 9221 9911.

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