An employee was on annual leave and has now produced a doctor’s certificate for that same period. If the employee is on annual leave and falls ill can you substitute one for the other?
The Basic Conditions states that you may not allow an employee to take annual leave during any other period of leave, which implies that if the employee is on annual leave and is required to take sick leave or family responsibility leave that the annual leave is cancelled and replaced with the other leave.
In practice, companies have different stand points on this:
- If you fell sick before going on annual leave then the company might convert the annual leave to sick leave; or
- If you fell sick during annual leave then you would not be granted sick leave