Sick days at corporate job - what's the law?

SlavOz on 09/03/2019 - 22:38

My work is ridiculously busy atm (not helped by being short-staffed). I've been putting in extra hours which has led to burnout, so I took 2 days off last week with a mild cold. Tbh I wasn't nearly too sick to go to work but I took it as an opportunity to recover some lost time and relax after working so hard.

Anyway, on those days things were so busy that I still had to be working all day. Emails were constantly rolling in and work even called me multiple times to have me advise on urgent meetings. I still did at least 5-7 hours of work during each day, from home.

Does that really count as a day off? I've filled out the required forms for payroll so it will come off my sick day allowance but I really feel like it shouldn't. Is there any hope in talking to them about this? At the very least I'd want to set some ground rules and say my phone should be off limits on sick days.

Education & Work

Comments

  • Presence on 09/03/2019 - 22:43
    +4

    What did HR say when you asked them?

  • Hardlyworkin on 09/03/2019 - 23:21
    +32

    If you're sick, turn your phone off. You're either on sick leave or your working from home. Seems like you learned the hard way.

  • qwerty on 09/03/2019 - 23:23
    +9

    https://www.fairwork.gov.au/

    you chose to answer your phone and emails on a sick day - work didnt force you

  • [Deactivated] on 10/03/2019 - 00:02

    Jeez, accept it and ask for a pay rise in two months.

  • Trung on 10/03/2019 - 01:11
    +1

    Talk to your team lead/manager.

    I was in a similar situation. Team lead came talked to me the very next day, gave me a few options to balance out the hours I worked on my day off:
    * Take longer lunches
    * Leave early
    * Come in late
    * Take a whole day off

  • trustnoone on 10/03/2019 - 02:47
    +1

    I'm not a lawyer but I assume the fault could be partly yours, rule of OHS is that you are also responsible for your own health and safety and should not be working when you're not supposed to, this could include not taking your prescribed breaks or working when sick.

    In saying that you could still talk to your work force about it, if you feel you still worked even though a sick day was recorded, you may be able to get it reversed since you 'feel like you ended up essentially forced to work those days'. Or maybe you could take longer lunch breaks or arrive later or similar. But this all depends on the team and manager and all that, I don't know if you really have any legal parts here? (Unless they forced you to work on your sick day?)

    • SlavOz on 10/03/2019 - 03:00
      +2

      Hi, I guess 'forced' can be interpreted differently for everyone. They emailed me and politely insisted that I take part via phone in some meetings and since there was a deadline due on the day I was off, I would still have to have it done by close of business.

      Of course there were no direct threats or demands made by my manager but to me once an employer persistently insists on something it's a polite way of them forcing you to do it.

  • Donaldhump on 10/03/2019 - 06:30

    1.) Did you actually do any work other than answer emails and take phone calls
    2.) Did they ask you to do this, or did you do this despite being off sick. Did they ever say just work from home

    If you called in sick, but couldn’t help yourself replying to emails and phone calls ( not exactly working, more like you are bored and can’t help yourself) and that is all then that’s your choice, and a sick day.

    Seems like you did this despite calling in sick, but if your boss asked you to then different.

  • [Deactivated] on 10/03/2019 - 08:14
    +1

    I still did at least 5-7 hours of work during each day, from home.

    I don't even work that much when I'm healthy and at work. Ask your boss to classify it as a work from home day.

  • askme69 on 10/03/2019 - 08:39

    I was sick on a Friday (once per month) for 15 years. Work never asked questions (Government) as 99.9% of the population take a Monday off (due to a BIG weekend). They apparently don't class Friday off as a long weekend :)

  • [Deactivated] on 10/03/2019 - 09:52
    +1

    I was in a similar situation and was offered time-in-lieu.The only problem with that is when you're short-staffed, you cannot in good conscience clock off early. So, I've accumulated quite a bit of time-in-lieu with no real opportunity to use it :(

  • Melb69 on 10/03/2019 - 10:13
    +2

    I think it is unsatisfactory for staff or anyone calling you unless its an emergency on you sick day. If they can't postpone a meeting or work it out themselves there 's serious issues about how the operation is run. Have a talk with HR. If your not getting any love from HR. Think about moving on. Might be a reason why its short staffed. IMO

    • SlavOz on 10/03/2019 - 11:35

      It does seem this way. Of the massive team on my floor I only know a select few who've actually been there for more than a year or 2. Seems like many people are walking away.. Workload is a bit much at times but otherwise I like the job.

      • Hardlyworkin on 10/03/2019 - 11:50
        +1

        It does say a lot about your employer that there is an expectation for you to work on a sick day. If it's not life or death it shouldn't be necessary. Don't become 'SlaveOZ'!

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