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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Have worked company years [covered by South Australian work

Customer Question

Have worked for same company for 18 years [covered by South Australian work cover]
Have Osteoarthritis in one knee has in no way effected work, this last year been getting worse and doctor advised knee replacement which has 3 month recovery, I gave company advanced notice they would need cover for me and would take sick leave or long service
they have now come back saying as I elected to have this done is not covered by sick leave and if I take long service I still a crew long long service while not working so will be paying me out, can they just do this?
If I had gone home not said anything just got unfit for work left them in lurch so to speak would have been fine but as I gave them warning appears I get ----
Submitted: 10 months ago.
Category: Australia Law
Expert:  Leon replied 10 months ago.

Good afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

That is rubbish.

The requirement to have the operation is to look after personal illness

https://www.fairwork.gov.au/leave/sick-and-carers-leave

They have to pay you if they dont take the matter to Fair Work.

If you cannot work because of your knee you have have sick leave. They are wrong.

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