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ARTICLE · 13 NOVEMBER 2008

"Sickie" Or Sick – Dealing With Unauthorised Absences From Work

Recent media coverage sparked debate about the taking of "sickies" when an employer discovered an absent employee's Facebook page showing an image of the employee with a quote "..not going to work. **** I'm still trashed. Sickie woo!"

AustraliaEmployment and HR

Recent media coverage sparked debate about the taking of "sickies" when an employer discovered an absent employee's Facebook page showing an image of the employee with a quote "..not going to work. **** I'm still trashed. Sickie woo!"1.

Although there is debate about whether the story is actually true, the reports provide a timely reminder of the issues to be considered when there are doubts about an employee's claim for paid sick leave.

What could the employer in the Facebook case have done if the employee provided a medical certificate for the absence?

Entitlement to paid sick leave

All employment contracts include an entitlement to paid sick leave, whether the right is expressed in an employment contract, award, legislation, or otherwise implied by law. The entitlement to paid sick leave recognises that an employee's income should not be affected by illness or injury which inevitably occurs from time to time.

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