I work in a public hospital. My NUM came to me with a letter stating that there were some ‘observable symptoms’ as I was limping and that I was to leave work, using my own sick leave until I had a medical clearance from my doctor. I did start the day with a limp but as the day went on it resolved. I went to my doctor, got a clearance stating I was ‘fit to perform the inherent duties of my role’ and was allowed to come back to work. Should I be reimbursed for the sick leave I used for the time I had off?

If management notes any ‘observable symptoms’, they are bound by clause 3.2.3 of the Leave Matters directive. If the symptoms pose an imminent risk’ to your safety or the safety of your colleagues or patients, they can direct you to go on leave.

However, the clause also states: ‘Where advice from a registered medical practitioner is obtained and subsequently confirms that the employee is fit for duty, and a direction to proceed on leave was unnecessary, they must be re-credited with any paid leave taken or reimbursed for salary for any period of unpaid sick leave in excess of two days, given that it is not unreasonable to expect that observable symptoms to have resolved in that time.’