|Title:||Registered Nurses, Midwives and Enrolled Mental Health Nurses - Personal Leave Evidentiary Requirements|
|Document ID:||Information Circular IC 0104/11|
|Date of issue:||Wednesday, 7 September 2011|
|Description:||Advice of new evidentiary requirements for personal leave in the Registered Nurses, Midwives and Enrolled Mental Health Nurses Ė Australian Nursing Federation Ė WA Health Industrial Agreement 2010|
|Applicable to:||WA Health|
|Period of effect:||from 1 September 2011 to 30 June 2013|
|Authorised by:||Marshall Warner, Director, Health Industrial Relations Service, 01-Sep-2011|
|Print version:||View print version|
Registered Nurses, Midwives and Enrolled Mental Health Nurses - Personal Leave Evidentiary Requirements
The purpose of this Circular is to provide guidance on the evidence required to support an application for personal leave made by staff employed under the Registered Nurses, Midwives and Enrolled Mental Health Nurses – Australian Nursing Federation - WA Health Industrial Agreement 2010 (“the Agreement”).
This Circular does not apply to staff employed under the WA Health - LHMU - Enrolled Nurses, Assistants in Nursing, Aboriginal and Ethnic Health Workers Industrial Agreement 2011.
An employee is no longer required to produce a medical certificate for absences of three or more consecutive working days or where total absences exceed five days in any one accruing year.
This requirement has been replaced by subclauses 34(28) and (29) of the new Agreement:
(28) An application for personal leave exceeding 2 consecutive working days shall be supported by evidence that would satisfy a reasonable person of the entitlement.
(29) In general, supporting evidence is not required for single or 2 consecutive day absences. Where the employer has good reason to believe that the absence may not be reasonable or legitimate, the employer may request evidence be provided. The employer must provide the employee with reasons for requesting the evidence. The leave will not be granted where the absence is not reasonable or legitimate.
An employee may provide reasonable evidence other than a medical certificate, however in many cases the nature of the illness will mean that a medical practitioner or relevant health professional (e.g. physiotherapist or dentist) will still be required to certify that an employee was unfit for work.
In certain circumstances line managers are able to approve personal leave on the basis of the obvious appearance and behaviour of an employee where they are satisfied that the employee is ill or injured.
Managers are required to assess each personal leave application in light of the relevant facts and circumstances. What will be considered reasonable will depend on the circumstances of each case.
There may be some circumstances where it is reasonable for an employee to submit an application for personal leave supported by a statutory declaration and which includes the circumstances resulting in non-attendance with a medical practitioner or relevant health professional.
Such circumstances will generally be where there is some difficulty in obtaining a medical certificate from a medical practitioner or relevant health professional. Examples of where an application for personal leave supported by a statutory declaration may be considered reasonable are where an employee:
Pursuant to subclauses 34(31) and (32), in circumstances where there is doubt about the cause of an employee’s illness, or an absence extends over an excessive period or occurs with frequency and regularity, an employee may be required to obtain and furnish a report from a registered medical practitioner as to their condition.
An employee must see a registered medical practitioner if a workers’ compensation claim is to be submitted as the Workers' Compensation and Rehabilitation Act 1981 (WA) and associated Regulations require a medical certificate in a prescribed form.
Where evidence is submitted to accompany an application for personal leave to provide care or support to a member of an employee’s family or household; or an unexpected emergency affecting the member, such evidence must address the requirement to care for another and/or the emergency.
Attachment 1 provides further guidelines and examples of the type of evidence that may be acceptable for the certification of personal leave.Any queries regarding this circular can be sent to firstname.lastname@example.org
This circular last updated: Wednesday, 7 September 2011 at 9:49am