Denying Paid Sick Leave

Q: We have an employee who took half a day off sick without notifying their manager or workplace (they don’t work on-site). They didn’t put through the sick leave request until the following week, when the manager declined the request. The manager advised payroll this was unpaid time off – they didn’t advise the employee this would happen in their pay.

The employee’s pay included 4 hours of unpaid leave. The employee is entitled to sick leave and annual leave available to them. I understand that they should have advised their manager at the time they were sick, but can the manager deny them payment. The manager should have discussed this with the employee and come to an agreement with the employee.


A: Two things here:

  1. Under the act, sick leave is stated in days and not part days, so the employee cannot just take half a day without seeking agreement from their employer.
  2. Under Section 64 the employee as a responsibility to notify the employer it is stated as MUST:

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