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Your questions answered: Can we direct a stressed employee to take personal leave?

By Portner Press on September 14th, 2018
  1. Employee Management
  2. Leave Provisions

 

Q
We have an employee who is showing signs of stress and mood swings, which are concerning us. This is affecting her work performance and the performance of other employees.

This employee is responsible for leading crews of about four people. What is our duty of care to her and other workers? Can we ask her to take personal leave to have some time to rest? How can we respond appropriately to this?

 

A
You can only require her to take personal leave if her doctor provides a certificate stating that she is unfit for work. If you have a genuine concern for the well-being of the employee or others working with her, you can have a discussion about it and seek to explore ways to address the issue.

However, any changes to the employee’s employment should be implemented with the employee’s consent and on the basis of proper medical advice.

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