USU@HCF: Personal Leave – your rights

The USU Organiser met with HCF human resources contacts, Kalli Rezitis, Victoria Thomas and Emma Stroligo on Tuesday 27 March 2018 to discuss HCF’s management of ‘excessive’ personal leave, following complaints from members on the implemented policy.

Personal leave encompasses what was known as ‘sick leave’ and ‘carers leave’ and is often referred to as ‘unplanned leave’. The discussion was regarding personal leave in this regard and excludes taking of annual or long service leave, or any other prescribed leave.

The National Employment Standard (NES), as well as your Enterprise Agreement (EA) entitles each employee to 10 days of personal leave in a year. Your EA allows any unused personal leave to accrue from year to year.

HCF considers any personal leave taken in excess of 10 days to be ‘excessive’.

HCF has advised that a review is undertaken on personal leave taken in the previous year January to December, and employees with personal leave taken in excess of 10 days are invited to a ‘health and wellbeing discussion’. Following that, HCF will request information from your Doctor or Medical Practitioner with regards to your medical history.

It is important to note that any such enquiries relate to the days in excess of the 10 days of personal leave.

HCF will request that each affected employee complete the “Authority to Exchange Information” form. The USU strongly urges members to NOT sign this form.

Instead, the USU recommends that you request a report from your Doctor or Medical Practitioner that outlines the following, in relation to the excess days of personal leave:

• Prognosis of your condition;
• Doctor’s opinion as to the cause and probable duration of your condition;
• Any limitations preventing you from fulfilling your role and the period that any limitations will apply for; and
• A prognosis of when you can return to work and fulfil your duties.

If HCF have concerns about the authenticity of the report or the information, HCF may refer that report to their own medical practitioner and request you attend an Independent Medical Examination (IME).

HCF’s Entitlements & Benefits Policy Leave Guideline (Issued February 2017) says:

“In circumstances where HCF has concern about an employee’s ongoing absence or fitness to attend work, HCF may request a report from the employee’s doctor about the employee’s prognosis and fitness for work. HCF may also request that the employee attend an Independent Medical Examination.”

Before invitation to an IME, the first step is for you to obtain written report as prescribed above. If this does not occur in your case, please advise your Human Resources Business Partners immediately as well as your USU Organiser and your Manager/Team Leader.

HCF’s HRBP’s are as follows:

PARRAMATTA

ST LEONARDS

SYDNEY

Further, for clarification, HCF’s Entitlements & Benefits Policy Leave Guideline (Issued February 2017) says:

“As a minimum requirement, if you are unable to attend work you MUST:

Telephone you Manager/Team Leader as soon as possible on your first fay of absence, before starting time or as close to starting time as possible.  Methods of notification which will not   be accepted are a voicemail message, text or email.”

Having clarified this point on 27 March 2018, the USU recommends that when taking unplanned personal leave, members phone their Manager/Team Leader and leave a voicemail message AND send an email as well. 

For more information contact the USU Support Team on 1300 136 604.