Have you used our Business SA Hotline? Our workplace advisers have taken more than 80,000 calls from members over the past five years, and say that many employers share the same concerns when it comes to Human Resources and Industrial Relations matters. Find out what the five most frequently-asked questions are below, and we’ll also reveal the answers. 

Q1 - How can we manage an employee who regularly takes personal leave on a Monday and Friday claiming to be sick?
A – It is highly recommended that employers have a policy which addresses personal leave and absences due to illness. The policy can cover certification of absence requirements relating to weekends, public holidays and extended absences from work. Should you have an employee who is regularly taking personal leave or absent due to illness on either side of a weekend, you need to comply with your policy and request certification as evidence for their absence. If an employee does not provide you with certification, then you may need to take disciplinary action.
 
Q2 - What are my obligations to an employee who has not shown up for work for the past three days?
A –It’s import you refer to your applicable Modern Award in the first instance as it sometimes has provisions for Abandonment of Employment. The Award will list the process you are required to follow. Should your Modern Award not have provisions for Abandonment of Employment or you are not covered by an Award, you will need to follow the accepted common law principles on how to handle the matter. An employer should always consult their employee leave records to ensure the employee is not on any form of authorised leave. The next reasonable step is to issue a letter via registered post to an employee, outlining the dates of their absence and requesting they provide the employer with a reason for their absence. The employer should direct the employee to respond within 14 days. If the employee does not respond and all reasonable attempts at making contact have been exhausted, it may be deemed that the employee has terminated their employment without notice on the last day of their attendance at work. In the event an employee responds to the letter and fails to provide a reasonable reason for their absence, this may also lead to the employment relationship being terminated. Please note this is a high threshold and an employer should seek professional advice before taking this approach.
 
Q3 - What is an employer’s obligation to provide leave without pay?
A – Leave without pay is additional to any other form of leave which an employee is entitled to take. It should usually only be granted where an employee has used their entire entitlement on other forms of leave and every request should be assessed on its merits. Employers should either deal with leave without pay in their leave policies, or have a stand-alone leave without pay policy.
 
Q4 - How do we determine an employee’s correct classification?
A – When determining an employee’s classification and rate of pay, refer to the classification schedule under the relevant Award. The duties performed for the position determine the classification.  An employee’s qualifications are only relevant if they are a requirement for the position. Duties can be common to more than one classification, so employers need to be diligent to determine the appropriate classification and should seek further advice from the Business Advice Hotline.

Q5 - Is superannuation payable on overtime?
A – No. Superannuation is only payable on ordinary time earnings. The Australian Tax Office has ruled that overtime does not form part of ordinary time earnings.

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