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I do passive overnight shifts with a client who requires 24/7 care. I have woken up sick and called in, and told they will put an email out to try and cover. Many people have mentioned this specific manager telling people they have to work if cover is not found. In my mind, I'm legally allowed to stay home, right? If they try to push the issue is it advisable to ask their demands in writing?
Harry SpectacularResponse

I completely understand your concern, and you're absolutely right to question this - being pressured to work when you're genuinely sick is completely unacceptable and you have strong protections under Australian law.

Let me look up the most relevant information about your rights regarding sick leave and employer obligations.

You are absolutely correct - you have strong legal protections under Australian employment law that allow you to take sick leave when you're genuinely ill, regardless of whether cover is found.

Your Legal Rights Are Clear

This right exists independently of your employer's staffing arrangements. Your manager cannot legally force you to work when you're sick simply because they haven't found replacement cover.

Notice and Evidence Requirements

You've already fulfilled your legal obligations by calling in sick.

, such as a medical certificate if requested. However, - but you've given proper notice.

Strategic Documentation Approach

Yes, absolutely ask for any demands to work while sick in writing. This is crucial for several reasons:

  1. Creates Legal Evidence: Written demands to work while sick create clear evidence of potential workplace law violations
  2. Often Stops the Behavior: Managers frequently back down when asked to put unreasonable demands in writing
  3. Protects You: If they do put it in writing, you have concrete proof for any future complaints

Your Immediate Action Plan

If pressured to work while sick:

  • State clearly: "I'm genuinely ill and unable to work safely. Can you please put your requirement for me to work while sick in writing?"
  • Follow up with an email: "As discussed, I'm unfit for work due to illness. Please confirm in writing if you're directing me to work despite being sick."
  • Keep records of all communications about this incident

Important Legal Context

The healthcare sector has additional workplace safety obligations. Requiring sick workers to provide 24/7 care could:

  • Violate workplace health and safety laws
  • Compromise client care standards
  • Create liability issues for your employer

Unpaid Leave Backup

Even if you've exhausted paid sick leave, you still have the right to unpaid sick leave when genuinely ill.

Next Steps if This Continues

  • Contact your union if you're a member
  • File a complaint with Fair Work Ombudsman if pressured to work while sick
  • Document every instance of this manager's behavior
  • Consider whether this creates an unsafe work environment requiring additional action

Your health and legal rights trump their staffing challenges. Stand firm - you're completely in the right here, and getting their demands in writing is smart strategic thinking.

Responses are not legal advice