Misuse of sick leave or dependant leave. Misuse of sick leave occurs when it has been established that an employee has taken sick leave on an occasion or on a series of occasions where they have not been genuinely ill or injured. Misuse also includes the incorrect usage of dependant leave as personal sick leave or vice versa. Where the manager has reason to believe that sick leave has been misused, the manager will notify the employee in writing of the need to meet with the employee (and their representative) to discuss their concerns. Misuse of sick leave may be established by the use of independent medical assessment. If proof of sickness or injury is required because there are reasonable grounds to suspect that an employee is using personal sick leave or dependant leave improperly for periods of absence of less than three consecutive days the cost of the examination and documentation will be met by the employer. For periods of absence of three consecutive days or more the cost of the examination and documentation is the responsibility of the employee. The Ministry must inform the employee of the requirement for proof as early as possible at the time of, or prior to, the absence occurring. In the event that it is established that the employee has misused their sick leave, the manager may consider applying one or more of the following options: • Employee Assistance Programme; • Future sick leave to be supported by a medical certificate, at the employee’s expense; and/or • Disciplinary action. The manager will record the action taken in writing together with the reasons for their decision and, where appropriate, the duration of the action.
