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ARTICLE · 04 NOVEMBER 2015

When can you ask employees for a medical certificate?

To be entitled to paid personal or carer's leave, employees must comply with the notice requirements in the FW Act.

AustraliaEmployment and HR

Other than casual employees, all employees have a right to take paid personal leave in circumstances where the employee is not fit for work because of personal illness or injury.

The same employees also have the right to take paid carer's leave in circumstances where a member of the employee's immediate family, or a member of their household, requires care or support because of a personal illness or injury.

NOTICE REQUIREMENTS

For an employee to be entitled to paid personal or carer's leave, they must comply with the notice requirements provided for in the Fair Work Act. The notice requirements imposed by the Act aren't onerous, and they simply require employees to give notice of the taking of personal or carer's leave to their employer "as soon as practicable" (which might be after the leave has commenced) and to advise the employer of the duration, or expected duration, of leave required.

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