There has been some confusion around the issue of personal leave, and what evidence you need to provide when you take it.
Here are some extracts from
Telstra Policy and some common questions answered. Any local arrangements that
are inconsistent with Telstra Policy need to be addressed.
Employees are required to notify their manager of absence (and the
expected length of absence) as soon as practicable. Any local practices
adopted by managers must not be inconsistent with this requirement.
Broader evidence requirements, ie, formerly an employee could provide a
medical certificate or statutory declaration, now where this not practicable
‘evidence that would satisfy a reasonable person’ must be accepted from 1
January.”
What does ‘practicable’ mean?
Practicable means something is feasible, capable of being done with means at
hand and circumstances as they are.
How do you decide what would satisfy reasonable person?
A reasonable person is a fictional person used as a comparative legal
standard to represent an average member of society and how he or she would
behave or think.
How does the national Telstra policy relate to our local workplace
arrangements?
Local arrangements must be consistent with Telstra policy. Any
inconsistencies need to be addressed.
We have to call at least an hour before our start time. Is that right?
A requirement to call in sick within an hour of your start time is
inconsistent with Telstra policy. You are required to call as soon as
‘practicable’ which for a variety of reasons may be closer than one hour before
your start time, or may even be after your start time.
In our centre, staff get interviewed and threatened with PICM’s if they take
personal leave. Can we stop this happening?
The Fair Work Act is clear on this point. An employer cannot threaten or take
adverse action against you because you have or may use a workplace right or
entitlement.
Not yet a member?
Membership is tiered and tax deductible. There is also a great range of
member benefits, beyond expert workplace representation.
Find out more online or call our
Member Service Centre on 1300 137 636.
