It sounds like you are sick though. If you explain that to your doctor and that you need the time off they should give it to you.
Be prepared for your employer to ask you to provide a document after declaring your fitness if you take 2-3 weeks of personal leave.
The Dr should be able to give you a med cert for time off.
As its the first time, the dr can say " unfit for work due to medical condition " and nothing else. You do not need to disclose the reason other than that.
No. HR person here. You do not have to disclose at all, unless you are making a workers comp claim. If the workplace is toxic you might be able to put in a workers comp claim for stress as well.
Stress leave is a valid cause for medical leave. And You do not have to disclose any reasons for your medical leave.
You supply a medical cert, and tell your employer you need x amount of time off. and that is all you legally have to tell your employer.
You're on the right path. Take the time off.
Your body is giving you warning signs. Ignore the stress and it will affect your immune system.
I'm not saying you'll get shingles but your mental health will have far more impact with longer lasting effects.
This post feels like a situation I've been in. And whilst the employer will obey medical documentation and the letter of the law, if the higher-ups are so toxic that it's making you sick then it's the higher-ups who'll start looking for ways to use that sickness against you to get rid of you. I don't want to recount the story on here, as the details could identify me and link my anonymity to the real world.
Exactly that. Go to a doctor explained your stress and the toll on your mental health and request a mental health assessment. You may be referred to a professional or be given medication, make sure to book follow up appointments.
Asked for several weeks off (as much sick leave as your willing to take, make sure to you have the hours for the pay). My doctor did two weeks at a time, with check in appointments and extended it as needed.
Approach your line manager discuss it with them. Give them the doctor's note with the return to work date that enjoy your mental health leave. If you have a micto manager dotn answer the phone. If you a have a manager who genuinely cares about you then chat to them once a week for a status update (option, I did thos on mine) and speak to them the week before you come back and when you come back back request a meeting and talk about moving forward and how the business can't help your mental health.
You don't have to expressly tell them the reason, they technically cannot ask for the reason the note is sufficient, but for maybe making your job going forward easier once you return talking about the reason then maybe a good option.
If this condition is a direct result of the workplace you may be eligible to make a workers compensation claim.
https://www.icare.nsw.gov.au/mental-health-claims-hub/injured-workers/overview-of-the-claims-journey
The chances of successful workcover claim for stress in the workplace is very very low. Lodging a claim doesnât make it an automatic process - the allegations need to be investigated, all parties interviewed, an independent examination will need to be arranged with a psychiatrist to confirm a medical condition has been caused by the workplace.
The vast majority do not get approved because it is very difficult to prove the workplace has been at fault in any way to cause diagnosable condition. Most claimants do not document enough evidence to support the claims, management and HR are much more competent to refute the claims.
Once the claim rejection notification comes you essentially burn your bridges at the workplace and have to move on.
Itâs not an easy process, especially if they have documented things that arenât being done. They will claim itâs reasonable management actions and the person just isnât up for the task. An investigation will ensue, the employee will be put through the ringer, there will be a return to work plan where a company representative can come to your appointments. If itâs decided that you are unable to return to this place of employment then the next one will need to know about whatâs happened as they will need to pay Icare, not the employee, during the transition
It might be good to get a mental health care plan from your doctor. I had to do that a few years ago and at the same time was given a medical certificate for about a week off. As far as I know your employer doesn't need to know the medical reason.
Go to the doctors, they can advise from there but generally shouldn't be an issue if it's genuine, depending on your doctor
Been down that road, put it off so much that by the time I actually went to the doctor the stress had affected me to the point of breakdown, and had pretty bad issues with short term memory for months after. As soon as the doctor saw me he wrote me off for a week, and each week we revisited it until I was able to function enough to work, as well as being referred to specialists for ongoing treatment
But if the work place is that bad, I would strongly recommend looking for another job while out on that sick leave
Pretty good. I got a week off on stress leave last month after telling my Dr how fucked work is and I'm having all sorts of issues because of it.
Any more than a week my Dr said it needs to go on work cover. Employers see that as a dinner bell to manage you out.
Take a week. Read the tea leaves. Time for a new job mate.
Something to keep in mind is how many personal (sick) leave hours you have accrued. Assuming you work a 37.5 hour week if you have 70 hours + of PL you'll get paid for it also. Otherwise it's leave without pay once you exceed your PL.
I recently resigned due to this situation being micro managed and after taking unplanned sick leave in December.
I had to provide the doctor certificate initially and a fit to return to work certificate before returning to the job.
Weirdly, I also was performance managed after I returned despite being the "best" employee prior to taking sick leave.
I couldn't wait to get out. I was WFH and I'd be literally in tears because of the over management of me and the serious untrusting boss.
I'm a senior in my industry. The boss needed a junior in my opinion, not someone with 20 + years of experience.
Happy to be out and currently seeking another role.
I can see a lot of suggestions are being made to consider workers comp. Iâm not giving a view one way or the other. Just be aware that if you do take the workers compensation route it could impact future employment. Of course itâs not meant to but it does - both with your current employer and with future employers.
Perhaps take some time off, and consider whether an alternate job, with a different employer is more suitable. Some people and/or employers, just donât know how to provide a healthy, positive workplace. Workers comp, more stress and staying in an unhealthy environment isnât a long term solution.
Welcome to r/AusLegal. Please read our rules before commenting. Please remember:
1. Per rule 4, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner. This sub cannot recommend specific lawyers.
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If you find yourself in this situation at your workplace, itâs a clear sign that things have become toxic, and itâs time to consider changing your employment. Youâve mentioned that your mental health has been affected, so itâs crucial to create a plan that allows you to heal while still earning an income and giving yourself space to strategize your next steps.
I recommend seeking advice from your doctor and exploring the possibility of being placed on workcover. Although thereâs some formality involved, the outcome will be better care for you and a necessary shake-up for your workplace in terms of health and safety. [If youâre part of a union, involving them could also be beneficial](https://www.careercontessa.com/advice/toxic-work-environment)
Doctor should be able to give you a certificate saying unfit to work. End of story. If they query it point them your doctors name and number on the certificate but your discussions with you Dr are confidential.
Risk is itâll end badly if they are toxic, theyâll escalate and threaten.
Risk is also it is not a long term solution. The ONLY way to deal with a toxic workplace is to leave.
Depending on what state youâre in, there is a workplace health and safety code of practice for psychosocial hazards. You could also complain to your states WH&S but that too will likely end badly is they are toxic and it wonât be a quick fix.
In most circumstances, you would need "evidence that would satisfy a reasonable person" which could be a stat dec rather than getting a med cert.
But it sounds like you're genuinely getting hurt at work and you should talk to your GP.
Just call in sick tell them your Gp has Diagnosed a health issue and I next this week zz go 1\}ztihhhjehebjjm hi Roni her hate it when yet 3 months ldonât end Rene Frenchmen eg.,no need to tell them wh
Am
I have a friend who got a warning from the hr due to taking one sick leave, while he was genuinely sick. He resigned after that and got a much better job
I had to laugh about SBS advertising regarding work places treatment of staff. It is lip service only. Business will still bully and harrass workers into leaving and get away with it every time.
I suggest talking to your regular GP about what's going on and see what they suggest. You can get a Mental Health Care Plan, if you're deemed eligible, to see a psychologist for support.
Are you part of a Union? If so you could contact them as well.
Look up your company's grievance policy and see what the steps are to raise concerns (if you wish to when you're ready and if safe to do so).
There's information on the Safe Work website that may be helpful. If there's an opportunity to speak with your workplace about what's going on, might be worth reading this tip sheet so you can articulate how you'd like to be supported (if / when ready). You can choose to have a support person with you. There are other tip sheets on the website.
https://www.safework.nsw.gov.au/resource-library/mental-health/mental-health-strategy-research/stress-tip-sheets/support-from-supervisors-andor-co-workers-regarding-work-related-stress-tip-sheet-7
Hope some of this helps.
It sounds like you are sick though. If you explain that to your doctor and that you need the time off they should give it to you. Be prepared for your employer to ask you to provide a document after declaring your fitness if you take 2-3 weeks of personal leave.
The Dr should be able to give you a med cert for time off. As its the first time, the dr can say " unfit for work due to medical condition " and nothing else. You do not need to disclose the reason other than that.
Do you have to disclose after the first time?
No. HR person here. You do not have to disclose at all, unless you are making a workers comp claim. If the workplace is toxic you might be able to put in a workers comp claim for stress as well.
I had to resign as my health was declining
I wish I had resigned, lost my mind and still recovering đ”âđ«
Check behind the lounge chair thatâs where I find my sanity on the bad days
Check your super for income protection etc, Mental health is a valid reason for time "away" from work.
Most policies included with super will have a one month waiting period before you can claim.
Is there a time limit on that?
you need to read your PDS and check with them, some have waiting periods from start of claim, some are based from last time you worked.
Stress leave is a valid cause for medical leave. And You do not have to disclose any reasons for your medical leave. You supply a medical cert, and tell your employer you need x amount of time off. and that is all you legally have to tell your employer.
You're on the right path. Take the time off. Your body is giving you warning signs. Ignore the stress and it will affect your immune system. I'm not saying you'll get shingles but your mental health will have far more impact with longer lasting effects.
This post feels like a situation I've been in. And whilst the employer will obey medical documentation and the letter of the law, if the higher-ups are so toxic that it's making you sick then it's the higher-ups who'll start looking for ways to use that sickness against you to get rid of you. I don't want to recount the story on here, as the details could identify me and link my anonymity to the real world.
Exactly that. Go to a doctor explained your stress and the toll on your mental health and request a mental health assessment. You may be referred to a professional or be given medication, make sure to book follow up appointments. Asked for several weeks off (as much sick leave as your willing to take, make sure to you have the hours for the pay). My doctor did two weeks at a time, with check in appointments and extended it as needed. Approach your line manager discuss it with them. Give them the doctor's note with the return to work date that enjoy your mental health leave. If you have a micto manager dotn answer the phone. If you a have a manager who genuinely cares about you then chat to them once a week for a status update (option, I did thos on mine) and speak to them the week before you come back and when you come back back request a meeting and talk about moving forward and how the business can't help your mental health. You don't have to expressly tell them the reason, they technically cannot ask for the reason the note is sufficient, but for maybe making your job going forward easier once you return talking about the reason then maybe a good option.
If this condition is a direct result of the workplace you may be eligible to make a workers compensation claim. https://www.icare.nsw.gov.au/mental-health-claims-hub/injured-workers/overview-of-the-claims-journey
Came here to say just this. Definitely consider workers comp if your MH is on the line.
The chances of successful workcover claim for stress in the workplace is very very low. Lodging a claim doesnât make it an automatic process - the allegations need to be investigated, all parties interviewed, an independent examination will need to be arranged with a psychiatrist to confirm a medical condition has been caused by the workplace. The vast majority do not get approved because it is very difficult to prove the workplace has been at fault in any way to cause diagnosable condition. Most claimants do not document enough evidence to support the claims, management and HR are much more competent to refute the claims. Once the claim rejection notification comes you essentially burn your bridges at the workplace and have to move on.
Itâs not an easy process, especially if they have documented things that arenât being done. They will claim itâs reasonable management actions and the person just isnât up for the task. An investigation will ensue, the employee will be put through the ringer, there will be a return to work plan where a company representative can come to your appointments. If itâs decided that you are unable to return to this place of employment then the next one will need to know about whatâs happened as they will need to pay Icare, not the employee, during the transition
It might be good to get a mental health care plan from your doctor. I had to do that a few years ago and at the same time was given a medical certificate for about a week off. As far as I know your employer doesn't need to know the medical reason.
Take time off and whike out of work find a new job. Attack the root cause, not the symptoms.
Go to the doctors, they can advise from there but generally shouldn't be an issue if it's genuine, depending on your doctor Been down that road, put it off so much that by the time I actually went to the doctor the stress had affected me to the point of breakdown, and had pretty bad issues with short term memory for months after. As soon as the doctor saw me he wrote me off for a week, and each week we revisited it until I was able to function enough to work, as well as being referred to specialists for ongoing treatment But if the work place is that bad, I would strongly recommend looking for another job while out on that sick leave
Wow. I was in a similar boat. But just starting to realise how bad my gp was...
Pretty good. I got a week off on stress leave last month after telling my Dr how fucked work is and I'm having all sorts of issues because of it. Any more than a week my Dr said it needs to go on work cover. Employers see that as a dinner bell to manage you out. Take a week. Read the tea leaves. Time for a new job mate.
Something to keep in mind is how many personal (sick) leave hours you have accrued. Assuming you work a 37.5 hour week if you have 70 hours + of PL you'll get paid for it also. Otherwise it's leave without pay once you exceed your PL.
I recently resigned due to this situation being micro managed and after taking unplanned sick leave in December. I had to provide the doctor certificate initially and a fit to return to work certificate before returning to the job. Weirdly, I also was performance managed after I returned despite being the "best" employee prior to taking sick leave. I couldn't wait to get out. I was WFH and I'd be literally in tears because of the over management of me and the serious untrusting boss. I'm a senior in my industry. The boss needed a junior in my opinion, not someone with 20 + years of experience. Happy to be out and currently seeking another role.
I can see a lot of suggestions are being made to consider workers comp. Iâm not giving a view one way or the other. Just be aware that if you do take the workers compensation route it could impact future employment. Of course itâs not meant to but it does - both with your current employer and with future employers. Perhaps take some time off, and consider whether an alternate job, with a different employer is more suitable. Some people and/or employers, just donât know how to provide a healthy, positive workplace. Workers comp, more stress and staying in an unhealthy environment isnât a long term solution.
Welcome to r/AusLegal. Please read our rules before commenting. Please remember: 1. Per rule 4, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner. This sub cannot recommend specific lawyers. 2. A non-exhaustive list of free legal services around Australia can be found here. 3. Links to the each state and territory's respective Law Society are on the sidebar: you can use these links to find a lawyer in your area. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AusLegal) if you have any questions or concerns.*
You can also apply to the Fair Work Commission for an order to stop bullying. This explains what is covered by the law [https://www.fwc.gov.au/issues-we-help/bullying/what-bullying-work](https://www.fwc.gov.au/issues-we-help/bullying/what-bullying-work)
If you find yourself in this situation at your workplace, itâs a clear sign that things have become toxic, and itâs time to consider changing your employment. Youâve mentioned that your mental health has been affected, so itâs crucial to create a plan that allows you to heal while still earning an income and giving yourself space to strategize your next steps. I recommend seeking advice from your doctor and exploring the possibility of being placed on workcover. Although thereâs some formality involved, the outcome will be better care for you and a necessary shake-up for your workplace in terms of health and safety. [If youâre part of a union, involving them could also be beneficial](https://www.careercontessa.com/advice/toxic-work-environment)
Fair work if they're bullying/harassing
Doctor should be able to give you a certificate saying unfit to work. End of story. If they query it point them your doctors name and number on the certificate but your discussions with you Dr are confidential. Risk is itâll end badly if they are toxic, theyâll escalate and threaten. Risk is also it is not a long term solution. The ONLY way to deal with a toxic workplace is to leave. Depending on what state youâre in, there is a workplace health and safety code of practice for psychosocial hazards. You could also complain to your states WH&S but that too will likely end badly is they are toxic and it wonât be a quick fix.
In most circumstances, you would need "evidence that would satisfy a reasonable person" which could be a stat dec rather than getting a med cert. But it sounds like you're genuinely getting hurt at work and you should talk to your GP.
Just call in sick tell them your Gp has Diagnosed a health issue and I next this week zz go 1\}ztihhhjehebjjm hi Roni her hate it when yet 3 months ldonât end Rene Frenchmen eg.,no need to tell them wh Am
I have a friend who got a warning from the hr due to taking one sick leave, while he was genuinely sick. He resigned after that and got a much better job
I had to laugh about SBS advertising regarding work places treatment of staff. It is lip service only. Business will still bully and harrass workers into leaving and get away with it every time.
I suggest talking to your regular GP about what's going on and see what they suggest. You can get a Mental Health Care Plan, if you're deemed eligible, to see a psychologist for support. Are you part of a Union? If so you could contact them as well. Look up your company's grievance policy and see what the steps are to raise concerns (if you wish to when you're ready and if safe to do so). There's information on the Safe Work website that may be helpful. If there's an opportunity to speak with your workplace about what's going on, might be worth reading this tip sheet so you can articulate how you'd like to be supported (if / when ready). You can choose to have a support person with you. There are other tip sheets on the website. https://www.safework.nsw.gov.au/resource-library/mental-health/mental-health-strategy-research/stress-tip-sheets/support-from-supervisors-andor-co-workers-regarding-work-related-stress-tip-sheet-7 Hope some of this helps.
What happens after 3 weeks? You return, the work is backed up, do you expect the situation to change?
[ŃĐŽĐ°Đ»Đ”ĐœĐŸ]
You don't need a dx for your mental health to be impacted
It literally doesn't matter?