I had to take a day off because my wife suffered a work place injury. I let my employer know as soon as I was told of her injury which was on the morning of the day in question. I told them I would have to take I day annual leave. They emailed me asking for a copy of my wifes acc certificate. Do I have to provide this? My wifes employer has made it clear it will not disclose my wife's acc certificate for legal reasons. Can my employer ask for my wife's acc certificate?
Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
If you had been taking sick leave, then your employer might have been able to ask for a medical certificate, and if you are taking sick leave to look after your wife the same applies. But if they have agreed to give you a day of annual leave, then there is no reason for them to see the ACC certificate. The ACC certificate is a private matter between your wife and her employer. There is no obligation to disclose it.
my employer has not agreed or disagreed to to give me a day of annual leave. all they did was ask for my wife's acc certificate after i had informed them of having to take a day off.
so can they still ask for it? I can always fill in a leave form for unpaid leave for a day.
What they are saying is that they do not believe you, which is unpleasant. You could provide the certificate under protest, and not have to take a day off. You should be entitled to sick leave if your wife had an accident and needed care. But they cannot compel the proof unless you do take sick leave.
if i don't take sick leave but unpaid leave for a day, do i still have to provide proof?
if i don't take sick leave, but unpaid leave for a day, can they still ask for proof?
No-its only sick leave that they can require proof for.
Thank you very much. Your help is much appreciated.
Hi, today i had a meeting with my line manager who in the course of the meeting said that as an employer they were entitled to or could ask for my wife's ACC certificate. However, she went on to approve my leave with no pay. Is it just an attempt to scare me or can they really ask to be provided with a copy by way of legal means?
The ACC certificate is private between your wife and her employer. I cannot see how your employer can ask to see this without consent, and they cannot make you show it to them.
I think your employer is just bluffing. they must know they cannot ask for this.
I think so too because when i was a manager at operations level, we were told never to ask what was wrong with an employee who cliamed to be sick and that all we were to ask for was a doctor's certificate. We certainly never asked for their partner/spouse/kids certificates even if they said they family was sick.
I will wait another day to see if they come back with anything and if i need clarification on anything new, otherwise i will rate your service so that you get paid.
LLB MMgt FAMINZ 32 years qualified as lawyer
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