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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
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Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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if a family member notifies my supervisor of my intended absence

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if a family member notifies my supervisor of my intended absence due to illness, can my boss take disciplinary action against me.

I have been sick for three satudays , two due to a virous, 1 due to my nany being very unwell who lives at home. If I notified my supervisor of my absence, can they take disciplinary action against me?

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : Employees are required to inform the employer, at the earliest opportunity, of the intention to take sick leave – preferably before they are due to start work, but otherwise as early as possible after falling sick.Employers are able to ask for proof of sickness or injury at any time once an employee takes sick leave.
christhelawyer : So in your case, you can do this, and your employer can ask for proof of sickness. This means that you may need to see a doctor to get proof, although for the older times this may be too late.
christhelawyer : If the employer wants proof special rules apply.
christhelawyer : The employer must inform the employee as early as possible that the proof is required, and pay the reasonable expenses in getting proof. Employers are not required to have reasonable grounds to suspect that the sick leave is not genuine before requesting proof within these first three consecutive calendar days.
christhelawyer : So if they take disciplinary action, without that special step, then you can claim a personal grievance against them. His bad temper is not acceptable, and would be considered bullying.
christhelawyer : you should tell him, that if they do take action you will claim a personal grievance.

Thanks but am I correct in understanding that if I am too ill to get out of bed then another family member can make the phone call to my supervisor for me?

christhelawyer : Of course. That was your specific question, and it must be necessary when you are too ill.

if i am too sick to get to the phone a family member can call in for me cant they

christhelawyer : Yes
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