Q: We have an employer asking if their staff member is entitled to use sick leave for elective surgery. We think no – as we cannot find anything in the Act about it, however seeking further clarification/information. Obviously by agreement the employer can pay the employee sick leave if they choose, but in this case as it is elective surgery do they have to pay sick leave?

 

A: The act states sick leave is for when the employee is sick or injured.

I can see the employee arguing the point that the elective surgery is to resolve a problem that has caused them mental duress (sick).

I do not see the act is about having to show a cut on a finger or you don’t look sick.

Also none of the employers business to know what the issue is.  If they are concerned then ask for a medical cert and if they have it then give them the leave.  If they don’t front up with a medical certificate when requested then no to paid SL.