Home - What happens if an employee falls ill while on annual leave?
June 17, 2019 on chapter Annual leave

If an employee is sick for 3 or more days when on annual leave, and provides a doctor’s certificate to this effect, does the employer have to record the leave as personal leave rather than annual leave? If the illness occurs during long service leave, does the employer have to record the leave as personal leave rather than long service leave?

Under the FW Act, an employee is taken not to be on annual leave for each day they are eligible for personal leave. You should record personal leave not annual leave for any of these days.

As to long service leave, the answer depends on the source of the entitlement. If the source is the Long Service Leave Act 1987 (SA) then the answer is no, long service leave must be taken in one continuous period so the employee does not have a right to break that period with personal leave.

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