Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 254

             (1)  This section applies if an employer requires an employee of the employer to give the employer documentary evidence in relation to a period of sick leave taken (or to be taken) by the employee.

             (2)  To be entitled to sick leave during the period, the employee must, in accordance with this section, give the employer a document (the required document ) of whichever of the following types applies:

                     (a)  if it is reasonably practicable to do so--a medical certificate from a registered health practitioner;

                     (b)  if it is not reasonably practicable for the employee to give the employer a medical certificate--a statutory declaration made by the employee.

             (3)  The required document must be given to the employer as soon as reasonably practicable (which may be at a time before or after the sick leave has started).

             (4)  The required document must include a statement to the effect that:

                     (a)  if the required document is a medical certificate--in the registered health practitioner's opinion, the employee was, is, or will be unfit for work during the period because of a personal illness or injury; or

                     (b)  if the required document is a statutory declaration--the employee was, is, or will be unfit for work during the period because of a personal illness or injury.

             (5)  This section does not apply to an employee who could not comply with it because of circumstances beyond the employee's control.

Note:          The use of personal information given to an employer under this section may be regulated under the Privacy Act 1988 .