On Friday at midday AEST, the Socceroos will take on Paraguay in their final group stage match at the World Cup.
With a win or draw, Australia would qualify for the knockout stages of the tournament for only the third time in history.
Should they lose, the Socceroos could still sneak through to the next stage, but it will become much harder, coming down to points and the results of other matches.
Die-hard fans probably already booked leave from work to watch this game weeks ago. But for the majority of Australians now tuning in, they won’t have planned so far ahead.
Some will wish they had taken Friday afternoon off – or may even be tempted to call in sick for the day, and hope not to get caught.
What are the legal rules around asking for time off from work, especially this soon before kickoff? Can employers who suspect people of not being sick ask for a medical certificate?
And if Australia makes it through to play on at the World Cup, how far in advance should you be asking for time off – without breaking the rules?
Read more:
Why the Paraguay match will define the Socceroos’ World Cup
Can I ask for time off at such short notice?
Yes, you can ask for time off at any time. But there’s no obligation on your employer to say yes, if their refusal is reasonable.
There is no national standard around the length of time you need to allow to ask for time off. But you do need to check to make sure if you’ve got any particular notice requirements for requesting leave in your workplace award or agreement.
The length of notice you give is a relevant factor in terms of your employer’s decision on whether to reasonably say yes or no.
Can I call in sick (if I’m not really)?
Before you think about calling in sick, it’s important to distinguish between the different kinds of leave you can ask for, for something like this Socceroos match: annual vs personal leave.
Annual leave: whether it’s watching sport or going to the beach, what you do with your annual leave is entirely up to you, as long as you’re not breaching other rules (such as not working for a competitor).
Personal leave: this is what you take when you’re not fit for work yourself, or you’re providing care or support to immediate family. The most common types of personal leave are sick leave, carer’s leave or compassionate leave.
If you’re planning to call in sick – you really do need to be sick.
Whether your employer can require you to have a medical certificate will depend on where you work, as different workplace awards or agreements can spell out different requirements for this.
But if your employer has a reasonable suspicion that your request for sick leave is questionable, they may ask to see a medical certificate to substantiate it.
How soon should I ask for leave for another match?
I would ask immediately (if the next game falls within your work hours).
It may be that other staff are also requesting leave for an event like the World Cup. Each employer has to determine how many of those requests they can actually approve, based on their operational needs.
Obviously some people may have planned well in advance for the World Cup. If they have already had leave approved, their employer may not have any capacity to grant any more leave requests.
Employers can’t refuse requests for leave unreasonably. But they do need to make sure they can keep running their business properly.
Asking for leave at the last minute will make it harder for them to say yes.
Risks of claiming the wrong leave
If you’re claiming personal leave when you’re not entitled to it, that would be misconduct. And that could lead to a disciplinary proceeding.
The outcome of any such proceeding would depend on what happened in a specific incident and a range of other factors, including whether you’ve had other disciplinary matters before. But dishonesty is not the best approach.
If you would like time off, be honest with your employer and ask what’s possible.
And make sure you ask for the correct type of leave. If you want time off to watch the Socceroos, that would be your annual leave, not personal leave.
Striking the right balance
I have heard that some employers are planning to let their staff gather to watch the game on Friday lunchtime. In some workplaces, this match will be a chance for a festive, end-of-week get-together with colleagues.
But that’s obviously not going to be possible for many businesses or workplaces, where there are customers to serve or products that have to be made to certain deadlines.
Wherever you work, honesty is always the best policy.
