Q: Can an employee use sick leave for elective surgery?

A: Yes. The employee would not be fit for work due to a medical condition, i.e. illness or injury being post-operative recovery. This entitles the employee to personal leave under the Fair Work Act 2009 (Cth). The entitlement applies whether or not the procedure is elective.

Please note: The answer is correct at the time of publishing. Be aware that laws may change over time. Refer to Personal/carer’s leave for current advice.