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Managing Excessive or Suspicious Sick Leave — An Employer's Guide (Australia)

2 min read

How an Australian employer can lawfully manage an employee who takes a lot of sick leave: when you can ask for evidence, the supportive-first approach, and how to move to a fair process without triggering a claim.

TK

Small Business & Compliance Writer · Former small business owner · Cert IV in Small Business Management

Start from the right place: sick leave is a legal entitlement

Paid personal/carer's leave is a National Employment Standard — 10 days a year for full-time employees, accruing progressively. An employee using their accrued leave is exercising a workplace right, and taking adverse action against them for doing so can breach the general protections (Part 3-1 of the Fair Work Act). So the goal isn't to punish leave — it's to manage genuine patterns or unsupported absences fairly.

Step 1 — Require reasonable evidence, consistently

You're entitled to ask for reasonable evidence (a medical certificate or statutory declaration), including for single days. Set the requirement out in a written policy and apply it to everyone — selective enforcement is a classic adverse-action trap. If evidence isn't provided for a reasonable request, you can decline to pay that period. (See can an employer demand a one-day certificate.)

Step 2 — Have a supportive conversation first

If there's a genuine pattern (for example, repeated unsupported Mondays), raise it as a wellbeing-and-attendance conversation before any discipline. Ask if something's going on, point to any EAP support, and note the impact on the team. Document it. Often that resolves it — and if it doesn't, you've shown a fair, reasonable process.

Step 3 — If it continues, move to a fair process

Persistent unsupported absences, or an inability to perform the role due to ongoing illness, can be managed — but it must be procedurally fair: clear concerns, a chance to respond, and (for ongoing-illness cases) consideration of medical evidence and reasonable adjustments before any decision. Use the Warning Letter generator to document concerns, and the Employer Dismissal Process Builder if it reaches that point. The AI advisor can walk your specific situation. General information, not legal advice.

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General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.

TK
About Tom Kirkwood

Ran Kirkwood Landscaping in Bendigo for eight years before moving into trade supply operations. Writes about Modern Award compliance, employer obligations, and contractor classification from an operator's perspective. Cert IV in Small Business Management (La Trobe TAFE Bendigo, 2014). Based in Kangaroo Flat, Victoria.