We all get sick from time to time.
Whether it’s physical labour, analytical work or any other type of profession, we are all human beings and subjected to illness ever so often.
At this point, we may have to apply for a sick leave.
From the common cold to more serious medical conditions, when feeling ill, it is important to know the rights we are entitled to as employees. These rights serve to protect our job security, so that our source of income is not unfairly compromised.
Additionally, it is essential to understand the procedures of applying for a sick leave to remain within the guidelines mandated by the Ministry of Labour & Small Enterprise development. Understanding the procedures allows an employee not only to be legally safe to take the necessary leave of absence, but to also claim any National Insurance or other benefits they may be entitled to.
What is Sick Leave?
Many people may assume once an employee falls ill on the job or otherwise, he or she is entitled to that leave of absence. However, an official sick leave is different than taking a day or two away due to a minor illness or condition. If an employee has a slight fever or migraine, for example, and takes a day off, this is not classified as sick leave.
Sick leave is a benefit afforded to permanent or contract employees under the Minimum Wage Act of Trinidad & Tobago by the Ministry of Labour & Small Enterprise development. Under this Act, employees who fall sick are entitled to minimum fourteen (14) days of paid leave annually.
Though the terms can vary between companies across industries, as well as between the private and public sectors, not every type of employee is entitled to this. Workers typically must have worked for the company for atleast six (6) months to receive a compensated leave of absence due to illness.
Sick leave also differs from medical or maternity leave. Medical leave of absence usually is reserved should an employee require surgery of some kind or intensive treatment for a serious physical condition and can extend up to a maximum of six (6) months in some cases. Maternity leave is reserved for female employees who receive a minimum of twelve (12) weeks, in their last trimester to prepare, deliver and take care of their new-born baby.
What is Extended Sick Leave?
Instances where an individual has surpassed their fourteen (14) day sick leave and have contracted a further illness can be liable for extended sick leave benefit. However, this benefit can vary between organisations in terms of the length of time granted, compensation and eligibility. For example, in some instances employees who display poor work performance or regular disciplinary issues may not be granted fully compensated extended sick leave.
How Does Sick Leave Work?
Sick leave is not a vacation. It is not intended to be used for personal leave, leisure or studies. It is an entitled benefit under the law of Trinidad & Tobago geared towards those employees who require leave of absence of more than two (2) consecutive working days.
For illnesses exceeding two (2) consecutive working days, the employee is required by law to provide a medical certificate or doctor’s note. This document issued by a licensed medical practitioner, who determines if a condition or disease exists and, it is in the interest of the employee to serve a notice of absence to their employer. This certificate also outlines the length of time the leave of absence should be, particularly if the health of other workers or the workspace can be jeopardised.
The medical certificate, therefore, is the proof that entitles staff members to paid sick leave. These certificates must be authentic and be provided by a legitimate medical professional. Forgery of this document is considered unethical practice of which the employee can be subjected to legal consequences.
How Can I Apply for Sick Leave?
Once you have been diagnosed and certified by a medical practitioner of a certain illness, employees need to make a formal leave of absence to their superiors, as well for large organisations, their Human Resources department.
Your medical certificate must be attached to your request for sick leave to indicate that your condition is valid, and the leave of absence in excess of two (2) business days, is recommended by a medical professional. Both these documents are critical as they will be placed on your employee files for future reference.
How to Calculate Sick Leave?
The length of time off from work is usually determined by the medical practitioner, based on his or her expertise and experience. Important to note is that, unlike vacation, your sick leave does include weekends and public holidays. For example, if your doctor has recommended a leave of absence for five (5) days beginning Wednesday of that week, your actual sick leave period will include Wednesday, Thursday, Friday, Saturday and Sunday. Therefore, you ought to report back to work the following Monday.
For some companies, you may retain your normal salary rate during sick leave. In other companies, payments during your sick leave period amounts to the difference between your usual pay and the sickness benefit you receive under the National Insurance Act. Based on their policy, your employer will discuss your compensation status with you before your departure.
How Long Can I Stay on Sick Leave?
Once your doctor has provided a clean bill of health, or you feel better to return to work, you ought to return. Remember, sick leave is not a vacation or a time to attend to personal matters. It is crucial that you maintain your integrity and return to work at the designated date.
Exploiting sick leave benefits can lead to future issues in that your trustworthiness will be tarnished. Any future claims for leave of absence due to illness may be viewed as fraudulent by your employer who may decide to seek further information or opinion on your health, even after a medical certificate is provided. Employers are well within their rights to do so. If any suspicious activity is detected, you could be denied sick leave benefits and be subjected to disciplinary action.
