Overview

Aged care workers are entitled to paid sick leave when they are unable to work due to illness or injury. This entitlement applies to permanent full-time and part-time employees under the Fair Work Act and relevant aged care enterprise agreements.

Because aged care is a safety-critical environment with vulnerable residents, providers often have stricter expectations around evidence. This article explains what evidence can be requested, what is considered reasonable, and what members can do if issues arise.

When Can Sick Leave Be Taken?

A permanent aged care employee is entitled to take paid sick leave when they cannot work due to:

• Personal illness or injury, or
• A medical condition that prevents them from performing safe duties, particularly relevant in aged care due to infection-control requirements.

Employees must inform their employer as soon as practicable. This usually includes notifying the RN or duty manager, following facility procedures, and indicating the expected duration of the absence if known.

When Can an Employer Request Evidence?

Aged care providers may request evidence for any absence, including a single day. This is common because:

• Facilities must ensure safe staffing levels,
• Infection control requirements are strict, and
• Enterprise agreements may specify evidence expectations.

However, employers cannot make unreasonable or unlawful evidence demands.

What Evidence Is Acceptable?

There are no strict legal rules about what type of evidence must be provided. Acceptable forms include:

1. Medical Certificates

• Most common and widely accepted
• Must state the employee is unfit for work
• Does not need to include a diagnosis unless voluntarily disclosed

2. Statutory Declarations

A statutory declaration can be used as evidence if properly completed and witnessed by an authorised person. This is a valid form of evidence when requested by the employer.

Key Standard: Evidence only needs to convince a reasonable person that the employee was genuinely unfit for work.

If Evidence Is Not Provided

If an employee does not provide evidence when properly requested, they may not be entitled to paid sick leave. However, the request must be reasonable, clearly communicated, and consistent with workplace policies and enterprise agreements.

Aged Care–Specific Considerations

Because aged care involves clinical risk and regulatory oversight, the following situations are common:

• Infectious symptoms: Facilities may exclude staff with fever, gastro symptoms, flu-like symptoms, COVID-19 symptoms, or similar.
• Fitness for duty: Employers may seek confirmation that the employee is safe to return to work.
• Short-notice absences: Rostering pressures may result in more frequent evidence requests.
• Repeated absences: Frequent or patterned absences may trigger additional evidence requirements.

Rights of Aged Care Employees

Employees have the right to:

• Access paid sick leave entitlements,
• Provide reasonable evidence, including a medical certificate or statutory declaration,
• Have medical privacy respected,
• Not be discriminated against for taking sick leave, and
• Seek support if evidence is unreasonably rejected.

When to Escalate to MSD

Refer the matter to the Member Services Division when:

• Evidence is rejected without justification,
• The employer requests unnecessary medical detail,
• Sick leave is unpaid despite valid evidence,
• A statutory declaration is refused,
• Return-to-work requirements are unreasonable, or
• A member is pressured to work while unwell.

Support for Members

If a member needs help with a sick leave dispute or their evidence has been rejected, they can contact:

HSU Member Services Division – 1300 478 679
www.hsu.asn.au