Australia Day sickies: New warning for workers

The number of Aussies taking a day off sick this week is set to soar. Here’s what it could mean for their jobs. Have your say.

With Australia Day landing on a Thursday this year, the number of Aussies taking a day off sick this coming Friday is likely to soar.

Two leading employment experts — Alex Hattingh, Chief People Officer at Employment Hero, a people-management platform, and Bill Lang, Executive Director of Small Business Australia, give their views and explain why “chucking a sickie” could land workers in hot water.

Alex Hattingh, Chief People Officer of people-management platform, Employment Hero. Picture: Supplied

WHY IS IT NOT A GOOD LOOK TO “CHUCK A SICKIE” THE DAY AFTER AUSTRALIA DAY?

Alex Hattingh: “Unfortunately, it’s a given with any business that employees are more likely to call in sick the day before or after a public holiday to make use of the extra time off.

“Employers are very aware of this trend and can effectively do little to stop it.

“This year the temptation is that Australia Day falls on a Thursday, meaning many will be contemplating taking a “sickie” on the subsequent Friday to give themselves an extra long weekend.

“Let’s be honest here, it’s not the best look to your employer to “chuck a sickie” come January 27.

“And because calling in sick on either side of a public holiday is familiar enough to employers, it’s safe to assume it would look suspicious and raise questions.

“This may not seem like a big deal, but it’s certainly something your boss will take note of and keep in the back of their mind, particularly if it means you miss an important task or deadline.”

Small Business Australia Executive Director Bill Lang.

Bill Lang: “Every business and organisation depends on good teamwork and good teamwork requires trust between team members.

“Letting down a teammate reduces trust and then everyone involved loses. Ultimately fake sickies are really payroll theft by the employee.”

IF I DO THIS, AM I PUTTING MY JOB AT RISK?

AH: “While an employee cannot be dismissed or punished for exercising their right to take sick leave (under the Fair Work Act 2009), making a frequent habit of taking sick days when you are not genuinely sick can lead to some issues regarding your employment.

“An employer can request further evidence should they suspect you are not actually unfit for work.

“Should you not provide the appropriate evidence, the employer could issue a warning, and lying about your illness or injury may potentially be grounds for dismissal.”

BL: “Workplace laws have for many years in Australia become weighted towards an employee.

“If an employee has done the wrong thing, such as pulling a ‘sickie’, if action is taken, it is important that organisations must follow current Industrial Relations law when addressing the issue.

“That said, it is not good for anyone’s career to be found to be lying to the boss – so if you want the Monday off and are not ill, then put in for annual leave.”

CAN EMPLOYERS GIVE A WARNING FOR THIS?

AH: “An employer is well within their rights to give a warning should they receive evidence that a sick day was taken under false pretenses.

“Social media posts and conversations between employees and witnesses are all examples of how you could be caught out for taking a public holiday off without actually being sick.

“If any of the above was forwarded to or discovered by your employer, it is likely you’ll be spoken to at the very least, if not given a written warning for your actions.”

BL: “Employers can give warnings for workplace misconduct. However sick leave is one of those tricky areas as if your employee does have a medical certificate then as an employer, as much as you may suspect it to be untrue, you must accept that the employee was ill.

“As always when dealing with employee misconduct get advice from those who specialise in industrial relations before taking any action against an employee to ensure you are staying within the lines of the law.”

Australia Day falls on a Thursday, meaning many will be contemplating taking a “sickie” on the Friday to give themselves an extra long weekend.

HOW ARE SMALL BUSINESSES IMPACTED?

BL: “It’s payroll theft, by that I mean that it is money straight out of the small business family’s pockets. Many of these businesses have suffered through some of the toughest times and one in two are generating less revenue than they did pre-pandemic.

“Yet all expenses are higher, with business owners suffering the highest levels of stress and anxiety that we have seen in the modern age.

“The last thing they need are less people on the team turning up because they want to go to the beach or the pub, increasing the load on fellow staff and management across the business. Pulling sickies is selfish, it’s un-Australian and the opposite of mateship.”

IS IT A BETTER IDEA TO WORK FLEXIBLY?

AH: “Submitting an in-advance request to work remotely the Friday after Australia Day could be a nice way for employers and employees to meet in the middle.

“If your company has a hybrid setup, but you typically work from the office on Fridays, it could be a reasonable request for your employer to consider (particularly if you have an event to attend on Australia Day).

Taking the day off to go to the beach is “the opposite of mateship”. Picture: NCA NewsWire / Simon Bullard

“At the end of the day, a healthy employer-employee relationship is built on mutual trust and having the utmost confidence that you’re being transparent and fair with one another.”

BL: “Each business is unique and for some creating flexibility around long weekends is something they can work into their roster – perhaps that may mean operating on skeleton staff – for others, such as hospitality, retail or essential services, they cannot operate without a full complement of staff and do not have the flexibility.”

HOW DO I ASK FOR THE DAY OFF WITHOUT SOUNDING SLACK?

AH: “There is absolutely nothing wrong with requesting in advance to have the day after Australia Day off as part of your annual leave.

“With all leave requests, asking ahead of time is your best bet for getting the time off approved.

“Putting the request in well in advance means your leave is less likely to be refused on reasonable grounds (such as short notice, a lack of available staff, or your leave creating operational issues for your workplace).

“In fact, giving more advanced notice of your intended leave shows you’re planning ahead and being considerate and upfront with your employer.”

BL: “Many businesses are flexible when it comes to their staff and days off. Whether that be RDO’s or permitting annual leave so staff can have a long weekend. So, if you want an extended weekend then chat with your boss and put your request in – but you should do so with plenty of notice as asking on the day before Australia Day for the day off may not be that well received.”

An in-advance request to work remotely could be a good compromise.

WHAT IF MY BOSS IS ADAMANT THAT I CAN’T HAVE THE FOLLOWING DAY OFF?

AH: “Whether you ask for a paid or unpaid day off, your employer may refuse your request based on reasonable grounds, such as it being too short notice.”

BL: “In life we do not always get what we want. You may ask for leave and given the staffing levels or the nature of the business, it may not be possible to have that time off.

“Whilst that can be frustrating, deciding to ‘take it anyway’ is not the best way to deal with it. “Ultimately if you are working in a career that means you are being asked to work public holidays then that is your choice – if you don’t like it then rather than pulling sickies, look instead at getting a job where you do the gazetted public holidays off.”

FOR EMPLOYERS, HOW SHOULD THEY BE MANAGING COMMS?

AH: “It is important that employers are empathetic and reasonable in accommodating requested time off.

“If employees give reasonable notice, their time off should typically be approved. Employers should clarify to their staff that submitting a time-off request with little or no notice may result in them not getting it approved.

“This is a necessary step to avoid potential conflict with an employee that is unhappy their time off was denied.”

BL: “Every business operator and employer work to have a trust-based relationship with employees to help them and the organisation succeed together. Open and honest two-way communication is essential to building and maintaining trust.

“For employers it is important that they make it clear that they will need staff to work on public holidays and for employees who may want time off to provide adequate notice to make it easier for the employer to meet the request.”

WHAT KIND OF CHANGES HAVE WORKPLACES MADE OVER THE LAST COUPLE OF YEARS TO BENEFIT EMPLOYEES?

AH: “The most notable change is that now most workplaces across all industries that rely on knowledge workers offer remote and hybrid working options, which has greatly boosted employee morale and productivity.

“Many businesses are also helping employees pay for expenses associated with setting up a home office and ensuring all staff has access to the necessary software and items needed to complete their job effectively from home.”

BL: “Location of work. Many are still working from home, whilst others are now in a hybrid model of home and office. We have also seen a move to far more flexible working hours that are more compatible with the individual lifestyle of employees.”

EDITOR’S NOTE: An earlier version of this article included a photograph of a woman at the Australian Open. There is no suggestion that the person in the photograph was attending the Open on a sick day. We are sorry for including this photograph of a person who was attending the event in her own time and not during working hours. We apologise for the error.