In this week’s Workplace Bulletin:

• Illegitimate “sickies”: What are your rights?
• Quick Tip of the Week: Combat absenteeism by offering flexible work practices
• Workplace Helpdesk Q and A: Privacy Laws

Dear Reader,

As you know, employees taking illegitimate sick days can cost your business big bucks. Many of you would have heard last week about the Sydney employee who got busted faking a sickie after his manager saw his Facebook status on the day in question – “….is not going to work, I’m still trashed. SICKIE WOO!”

In this particular case, the manager had proof that the employee was not taking leave for medical reasons as he claimed. Therefore, the manager was justified in requesting a medical certificate, despite the fact that the employee’s contract stipulated he was not required to provide a medical certificate for taking one day off work.

But what can you do if you do not have proof that your employees “sickie” is illegitimate?

If you have reason to believe that your employee’s absence is not legitimate, remember that you can request a medical certificate. If the employee provides you with one, you must accept it as evidence of their illness. If you doubt the accuracy of the certificate, all you can do is seek clarification from the doctor who signed it. Once you have received confirmation from the doctor, you cannot take the issue further. However, if the employee cannot provide a medical certificate legitimising their absence, you are well within your rights to deny them paid sick leave.

Quick Tip of the Week: If absenteeism is a constant problem for your business, consider offering your employees the option of working flexible hours. For example, if your employees have the option of starting earlier or finishing later, they may be less inclined to take days off.

Workplace Helpdesk: Privacy Laws
Answered by Charles Power, editor-in-chief, Employment Law Practical Handbook.

Q: We ask our employees for copies of their drivers’ licenses when they are inducted on to a new construction site. Some of them are not happy about doing this. What are their rights in regards to privacy laws?

A: Privacy laws apply to information collected from candidates before they are employed, but not when they become employees. In your case, you would also be required to establish that the personal information disclosed on driver’s licenses is necessary for employment purposes. The fact that you need to prove the identity of candidates to avoid prosecution under the Migration Act would be sufficient (Div 12 Subdiv 3 makes it an offence to allow an unlawful non-citizen to work). However, once collected, you must not use this information for any other un-related purpose. You must also delete it if the candidate is unsuccessful, or leaves your employment.

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