What leave entitlements do employees have if they miss their start date?

Q: A new employee was to commence on 15 January. He rang today to advise he is sick and unable to commence until 19 January. How do we treat this? Can we:

  • allow paid sick leave;
  • allow leave without pay; or
  • amend the employment contract (upon mutual consent) for the commencement date to be 19 January?

A: You can treat it as leave without pay or amend the commencement date by mutual consent. No sick leave is payable because none will have accrued as yet.

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.

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