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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44178
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Staff member has given her notice and has had an argument

Customer Question

Staff member has given her notice and has had an argument with another staff and wants stress leave until she leaves in a week. She is outside her probation contract and hasn't signed another. I am happy to pay her any sick leave owing .do I have to pay stress leave as well.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Qld thanks
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: First recorded incident
Submitted: 11 months ago.
Category: Australia Law
Expert:  Leon replied 11 months ago.

Good Evening

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 but a guide to assist you.

There is no such thing as stress leave. The act allows for personal leave, which is sick leave.

If she has accrued personal leave you can pay her. If not then she has to take leave without pay. Alternatively you can ask her to leave before the notice period finishes and you pay her until her last day in lieu of her working.

If she is claiming she is suffering psychologically due to work, then she can put in a workers compensation claim but will need a medical certificate.

There is no stress leave as such otherwise. Only personal leave.

I hope this makes sense and is of assistance. If there is nothing further

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If I have missed anything, or you have any further questions please let me know

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