During our recent business close-down period, one of our employees was unwell. She would like to claim personal leave instead of the employer-directed annual leave. Is this permitted or must the annual leave stand?
Per section 89 of the Fair Work Act 2009 (Cth), if an employee is sick or injured while on annual leave, they can use their paid personal leave entitlement instead of using their annual leave entitlement. An employer is entitled to request the employee provide notice and evidence, such as a medical certificate, when an employee takes personal leave while on annual leave.