Personal Leave

Several members have sought clarification in relation to staff presenting a statutory declaration instead of a medical certificate when taking personal leave.  It has been reported that in some schools, the practice of presenting a statutory declaration is becoming the norm with principals asking whether or not they can accept or reject such documentation.

As contained within the VGSA 2022 Clause 26 - Leave stipulates:

• "required document" means:

(a)  in respect of personal leave for illness or injury, a medical certificate, or, if it is not reasonably practicable for an employee to provide a medical certificate, a statutory declaration;

(b)  in respect of personal leave for carer’s purposes, a medical certificate, or a statutory declaration;

(VGSA 2022 page 41)

The key working to point (a) above isif it is not reasonably practicable for an employee to provide a medical certificate, a statutory declaration may suffice.  This means that a principal does not need to immediately accept the statutory declaration and request further information as to why it was not practicable for the employee to provide a medical certificate.