Support Workers, Enrolled Nurses, Assistants in Nursing, Aboriginal and Ethnic Health Workers - Personal Leave Evidentiary Requirements

Applicable to: WA Health

Advice of new evidentiary requirements for personal leave for staff employed under the WA Health – LHMU – Support Workers Industrial Agreement 2007 and the WA Health – LHMU – Enrolled Nurses, Assistants in Nursing, Aboriginal and Ethnic Health Workers Industrial Agreement 2011

Support Workers, Enrolled Nurses, Assistants in Nursing, Aboriginal and Ethnic Health Workers - Personal Leave Evidentiary Requirements

SCOPE

The purpose of this Circular is to provide guidance on the evidence required to support an application for personal leave made by staff employed under the WA Health – LHMU – Support Workers Industrial Agreement 2007  or WA Health – LHMU – Enrolled Nurses, Assistants in Nursing, Aboriginal and Ethnic Health Workers Industrial Agreement 2011 (“Agreements”) .

GUIDELINES

There are circumstances where it may be reasonable for an employee to submit a self-certified application for personal leave, supported by a statutory declaration that details the nature of the illness or injury and the circumstances that resulted in non-attendance with a medical practitioner or relevant health professional.   Managers are required to assess each personal leave application in light of the relevant facts and circumstances.  What will be considered reasonable will depend on the circumstances of each case.

An employee must see a registered medical practitioner if a workers’ compensation claim is to be submitted as the Workers' Compensation and Rehabilitation Act 1981 (WA) and associated Regulations require a medical certificate in a prescribed form.

Where evidence is submitted to accompany an application for personal leave to provide care or support to a member of an employee’s family or household; or an unexpected emergency affecting the member, such evidence must address the requirement to care or support for another and/or the emergency.

Attachment 1 details examples of the type of evidence that may be acceptable for the certification of personal leave in a variety of circumstances.  Attachment 2 contains extracts from the Order of the Western Australian Industrial Relations Commission which underpins the guidelines on interpretation and application of evidence to satisfy a reasonable person. 

 

Any queries regarding this circular can be sent to industrial.relations@health.wa.gov.au

Marshall Warner
DIRECTOR
HEALTH INDUSTRIAL RELATIONS SERVICE

Date of effect: 22 December 2011 to 06 October 2013

Policy Framework

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Supporting information