Home - When an employee becomes ill while they are on annual leave, can they change their leave to sick leave?
April 15, 2011 on chapter Annual leave

When an employee becomes ill while they are on annual leave, can they change their leave to sick leave?

Yes, section 89(2) of the Fair Work Act states that if the period during which an employee takes paid annual leave includes a period of any other leave (i.e. sick leave) the employee is taken not to be on paid annual leave for the period of that other leave or absence. Therefore, you must re-credit the employee their annual leave for the duration of the illness and deduct the equivalent sum from their personal leave balance.

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