Notice given and used had to use sick leave in last week [closed]
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I'm working in New South Wales, Australia. I have given 2 months notice and now down to my last week and became ill. I have a doctors certificate, but can they hold any pay back from me as it is two days before I finish with the company?
salary australia
closed as off-topic by Garrison Neely, bethlakshmi, jcmeloni, gnat, Elysian Fields♦ Jul 28 '14 at 20:24
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Garrison Neely, bethlakshmi, jcmeloni, gnat, Elysian Fields
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up vote
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I'm working in New South Wales, Australia. I have given 2 months notice and now down to my last week and became ill. I have a doctors certificate, but can they hold any pay back from me as it is two days before I finish with the company?
salary australia
closed as off-topic by Garrison Neely, bethlakshmi, jcmeloni, gnat, Elysian Fields♦ Jul 28 '14 at 20:24
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Garrison Neely, bethlakshmi, jcmeloni, gnat, Elysian Fields
2
Hi Cindy, welcome to The Workplace! Can you please clarify what "NSW" means? Also, have you consulted your employment handbook or any other company documentation on employment? the more information you can provide, the more accurate the answers. Hope this helps!
– jmort253♦
Jul 22 '14 at 5:31
New South Wales which is part of Australia I believe.
– JB King
Jul 22 '14 at 5:39
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up vote
4
down vote
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up vote
4
down vote
favorite
I'm working in New South Wales, Australia. I have given 2 months notice and now down to my last week and became ill. I have a doctors certificate, but can they hold any pay back from me as it is two days before I finish with the company?
salary australia
I'm working in New South Wales, Australia. I have given 2 months notice and now down to my last week and became ill. I have a doctors certificate, but can they hold any pay back from me as it is two days before I finish with the company?
salary australia
edited Jul 22 '14 at 10:56


DJClayworth
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41.3k988147
asked Jul 22 '14 at 5:15
Cindy
241
241
closed as off-topic by Garrison Neely, bethlakshmi, jcmeloni, gnat, Elysian Fields♦ Jul 28 '14 at 20:24
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Garrison Neely, bethlakshmi, jcmeloni, gnat, Elysian Fields
closed as off-topic by Garrison Neely, bethlakshmi, jcmeloni, gnat, Elysian Fields♦ Jul 28 '14 at 20:24
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Garrison Neely, bethlakshmi, jcmeloni, gnat, Elysian Fields
2
Hi Cindy, welcome to The Workplace! Can you please clarify what "NSW" means? Also, have you consulted your employment handbook or any other company documentation on employment? the more information you can provide, the more accurate the answers. Hope this helps!
– jmort253♦
Jul 22 '14 at 5:31
New South Wales which is part of Australia I believe.
– JB King
Jul 22 '14 at 5:39
suggest improvements |Â
2
Hi Cindy, welcome to The Workplace! Can you please clarify what "NSW" means? Also, have you consulted your employment handbook or any other company documentation on employment? the more information you can provide, the more accurate the answers. Hope this helps!
– jmort253♦
Jul 22 '14 at 5:31
New South Wales which is part of Australia I believe.
– JB King
Jul 22 '14 at 5:39
2
2
Hi Cindy, welcome to The Workplace! Can you please clarify what "NSW" means? Also, have you consulted your employment handbook or any other company documentation on employment? the more information you can provide, the more accurate the answers. Hope this helps!
– jmort253♦
Jul 22 '14 at 5:31
Hi Cindy, welcome to The Workplace! Can you please clarify what "NSW" means? Also, have you consulted your employment handbook or any other company documentation on employment? the more information you can provide, the more accurate the answers. Hope this helps!
– jmort253♦
Jul 22 '14 at 5:31
New South Wales which is part of Australia I believe.
– JB King
Jul 22 '14 at 5:39
New South Wales which is part of Australia I believe.
– JB King
Jul 22 '14 at 5:39
suggest improvements |Â
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I'm somewhat unclear what you're concerned about with respect to holding back pay, but assuming that you had enough sick days accrued to cover your period of absence and assuming that you have informed them that you're using your sick days and complied with any relevant policies in place regarding sick leave (such as providing them with your doctor's note), then no, they cannot take anything from your final pay and entitlements.
If your employer does things correctly, your last week should be paid out of your accrued sick leave, and then your final paycheck should include any wages owed plus any accrued annual leave (but not sick leave; unless you work in timber, coal, or whatever 'Stevedoring' is) that you have, plus any other accrued entitlements. This is a legal requirement:
http://www.fairwork.gov.au/ending-employment/notice-and-final-pay/final-pay
If, on the other hand, you do not have enough sick leave to cover the absence (or you fail to comply with any relevant policies governing the use of sick leave) and you also don't have enough annual leave to make up the difference, then you may have to have unpaid leave recorded for those days. In which case it would come out of your final pay.
1
For the record, a stevedore is a person who loads and unloads ships
– Dale M
Jul 23 '14 at 3:50
@aroth - This is a very good answer. Besides the very specific legal requirements the overall answer really can be applied to anyone.
– Ramhound
Jul 23 '14 at 11:46
Stevedoring is what lumpers do.
– David Schwartz
Aug 26 '16 at 4:10
suggest improvements |Â
1 Answer
1
active
oldest
votes
1 Answer
1
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
4
down vote
I'm somewhat unclear what you're concerned about with respect to holding back pay, but assuming that you had enough sick days accrued to cover your period of absence and assuming that you have informed them that you're using your sick days and complied with any relevant policies in place regarding sick leave (such as providing them with your doctor's note), then no, they cannot take anything from your final pay and entitlements.
If your employer does things correctly, your last week should be paid out of your accrued sick leave, and then your final paycheck should include any wages owed plus any accrued annual leave (but not sick leave; unless you work in timber, coal, or whatever 'Stevedoring' is) that you have, plus any other accrued entitlements. This is a legal requirement:
http://www.fairwork.gov.au/ending-employment/notice-and-final-pay/final-pay
If, on the other hand, you do not have enough sick leave to cover the absence (or you fail to comply with any relevant policies governing the use of sick leave) and you also don't have enough annual leave to make up the difference, then you may have to have unpaid leave recorded for those days. In which case it would come out of your final pay.
1
For the record, a stevedore is a person who loads and unloads ships
– Dale M
Jul 23 '14 at 3:50
@aroth - This is a very good answer. Besides the very specific legal requirements the overall answer really can be applied to anyone.
– Ramhound
Jul 23 '14 at 11:46
Stevedoring is what lumpers do.
– David Schwartz
Aug 26 '16 at 4:10
suggest improvements |Â
up vote
4
down vote
I'm somewhat unclear what you're concerned about with respect to holding back pay, but assuming that you had enough sick days accrued to cover your period of absence and assuming that you have informed them that you're using your sick days and complied with any relevant policies in place regarding sick leave (such as providing them with your doctor's note), then no, they cannot take anything from your final pay and entitlements.
If your employer does things correctly, your last week should be paid out of your accrued sick leave, and then your final paycheck should include any wages owed plus any accrued annual leave (but not sick leave; unless you work in timber, coal, or whatever 'Stevedoring' is) that you have, plus any other accrued entitlements. This is a legal requirement:
http://www.fairwork.gov.au/ending-employment/notice-and-final-pay/final-pay
If, on the other hand, you do not have enough sick leave to cover the absence (or you fail to comply with any relevant policies governing the use of sick leave) and you also don't have enough annual leave to make up the difference, then you may have to have unpaid leave recorded for those days. In which case it would come out of your final pay.
1
For the record, a stevedore is a person who loads and unloads ships
– Dale M
Jul 23 '14 at 3:50
@aroth - This is a very good answer. Besides the very specific legal requirements the overall answer really can be applied to anyone.
– Ramhound
Jul 23 '14 at 11:46
Stevedoring is what lumpers do.
– David Schwartz
Aug 26 '16 at 4:10
suggest improvements |Â
up vote
4
down vote
up vote
4
down vote
I'm somewhat unclear what you're concerned about with respect to holding back pay, but assuming that you had enough sick days accrued to cover your period of absence and assuming that you have informed them that you're using your sick days and complied with any relevant policies in place regarding sick leave (such as providing them with your doctor's note), then no, they cannot take anything from your final pay and entitlements.
If your employer does things correctly, your last week should be paid out of your accrued sick leave, and then your final paycheck should include any wages owed plus any accrued annual leave (but not sick leave; unless you work in timber, coal, or whatever 'Stevedoring' is) that you have, plus any other accrued entitlements. This is a legal requirement:
http://www.fairwork.gov.au/ending-employment/notice-and-final-pay/final-pay
If, on the other hand, you do not have enough sick leave to cover the absence (or you fail to comply with any relevant policies governing the use of sick leave) and you also don't have enough annual leave to make up the difference, then you may have to have unpaid leave recorded for those days. In which case it would come out of your final pay.
I'm somewhat unclear what you're concerned about with respect to holding back pay, but assuming that you had enough sick days accrued to cover your period of absence and assuming that you have informed them that you're using your sick days and complied with any relevant policies in place regarding sick leave (such as providing them with your doctor's note), then no, they cannot take anything from your final pay and entitlements.
If your employer does things correctly, your last week should be paid out of your accrued sick leave, and then your final paycheck should include any wages owed plus any accrued annual leave (but not sick leave; unless you work in timber, coal, or whatever 'Stevedoring' is) that you have, plus any other accrued entitlements. This is a legal requirement:
http://www.fairwork.gov.au/ending-employment/notice-and-final-pay/final-pay
If, on the other hand, you do not have enough sick leave to cover the absence (or you fail to comply with any relevant policies governing the use of sick leave) and you also don't have enough annual leave to make up the difference, then you may have to have unpaid leave recorded for those days. In which case it would come out of your final pay.
answered Jul 22 '14 at 12:29
aroth
8,29812646
8,29812646
1
For the record, a stevedore is a person who loads and unloads ships
– Dale M
Jul 23 '14 at 3:50
@aroth - This is a very good answer. Besides the very specific legal requirements the overall answer really can be applied to anyone.
– Ramhound
Jul 23 '14 at 11:46
Stevedoring is what lumpers do.
– David Schwartz
Aug 26 '16 at 4:10
suggest improvements |Â
1
For the record, a stevedore is a person who loads and unloads ships
– Dale M
Jul 23 '14 at 3:50
@aroth - This is a very good answer. Besides the very specific legal requirements the overall answer really can be applied to anyone.
– Ramhound
Jul 23 '14 at 11:46
Stevedoring is what lumpers do.
– David Schwartz
Aug 26 '16 at 4:10
1
1
For the record, a stevedore is a person who loads and unloads ships
– Dale M
Jul 23 '14 at 3:50
For the record, a stevedore is a person who loads and unloads ships
– Dale M
Jul 23 '14 at 3:50
@aroth - This is a very good answer. Besides the very specific legal requirements the overall answer really can be applied to anyone.
– Ramhound
Jul 23 '14 at 11:46
@aroth - This is a very good answer. Besides the very specific legal requirements the overall answer really can be applied to anyone.
– Ramhound
Jul 23 '14 at 11:46
Stevedoring is what lumpers do.
– David Schwartz
Aug 26 '16 at 4:10
Stevedoring is what lumpers do.
– David Schwartz
Aug 26 '16 at 4:10
suggest improvements |Â
2
Hi Cindy, welcome to The Workplace! Can you please clarify what "NSW" means? Also, have you consulted your employment handbook or any other company documentation on employment? the more information you can provide, the more accurate the answers. Hope this helps!
– jmort253♦
Jul 22 '14 at 5:31
New South Wales which is part of Australia I believe.
– JB King
Jul 22 '14 at 5:39