Test your knowledge - employee leave entitlements.

An employee has asked for paid carer’s leave to care for a sick pet. Is the employee entitled to personal/carer’s leave in this situation?

Yes, because carer’s leave is used to care for members of an employee's immediate family or household, and a pet forms part of the immediate household

No, because carer’s leave is used to care for members of an employee's immediate family or household, and the pet does not form part of the immediate household, for the purposes of the definition

Answer: no, personal/carer’s leave is for use when an employee is not fit for work because of a personal illness or injury, or where they need to provide care or support to a member of their immediate family or household (eg child, sister, parent). This does not include pets.

An employee gave their employer a medical certificate, after a period of two weeks of annual leave. The medical certificate covered the employee for four days of illness during their annual leave. Is the employee entitled to annual leave or personal leave for the four sick days?

The employee is only entitled to annual leave because that was already booked

The employee is entitled to personal leave and no adjustment to annual leave

The employee is entitled to personal leave and four days’ adjustment to their annual leave balance

The employee is entitled to both annual leave and personal leave because the employee provided a medical certificate

Answer: the employee is entitled to personal leave for the four sick days and four days’ adjustment to their annual leave balance.

An employee went to a pre-planned dental appointment during work time, then came to work with evidence of their attendance. What type of leave, if any, does the employer allocate to this?

As the appointment was pre-arranged, the employee is entitled to unpaid leave or annual leave

The employee is paid from their personal leave balance because the employee provided evidence of their attendance at the dentist.

The employee is paid ordinary hours for the appointment

The employee is not entitled to be paid

Answer: the employee is paid from their annual leave balance or must use unpaid leave because the appointment was pre-planned, not an emergency, and the employee was fit to return to work following the appointment.

What type of leave applies if the employee in the previous question has a wisdom tooth removed or a deep filling performed whilst at the pre-planned dental appointment, which then makes them unfit to return to work after the appointment?

The time the employee needs to take off continues being deducted from their annual leave balance

The employee is not paid at all for the time they take, as a result of the appointment

The employee may use personal leave from the time they become unfit for work, provided the necessary requirements are met

The employee is paid compassionate leave

Answer: personal leave will be used from the time the employee becomes unfit for work, provided they are able to provide adequate evidence, such as a medical certificate from the dentist.

Can an employer ask a permanent employee to provide evidence before paying compassionate leave?

No, because this is a private matter

Yes, because the employer will be paying a permanent employee for the leave

Answer: yes, the employer can ask the employee for evidence, which includes a funeral notice or a newspaper notice.

If an employee is on annual leave that falls over a public holiday, are they paid for the public holiday or does this count as annual leave?

The employee is paid annual leave

The employee is paid annual leave and public holiday rates

The employee is not paid at all as they would not be working

The employee is paid for the public holiday and there is no deduction from their annual leave

Answer: employees are entitled to be paid their ordinary hours for public holidays. Therefore, the employee would be paid for the public holiday, rather than the leave being deducted from their annual leave balance.

If the unfortunate circumstance arises that an employee’s parent is admitted to hospital with a life threatening illness, recovers briefly and then subsequently passes away, how much compassionate leave would the employee be entitled to?

One day

Two days

Four days

They are entitled to compassionate leave for the whole period the parent is in hospital and for the funeral

Answer: In this circumstance, the employee would be entitled to four days of compassionate leave because there would be two ‘occasions’ giving rise to the eligibility for compassionate leave – the first being the member sustaining a life threatening illness and being admitted to hospital, and the second being when that family member passes away.

Test your knowledge - employee leave entitlements.

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