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SICK OF FISHING OR FISHING WHILE SICK? -
11 August 2003
The Labour Court has held that an employee who is on sick leave is not required to stay at home in bed. If going fishing alleviates an employee’s sickness, or assists with his or her recovery, then the employee may go fishing.
This case should not be seen as a general invitation for fishing enthusiasts to take sick leave and go fishing. While employees who are on sick leave are not necessarily required to stay at home, their activities need to be beneficial in alleviating or curing their illness. In this case, fishing was beneficial as the salt air alleviated hay fever and the employee had medical evidence that supported his claim. In deciding the case, the Court noted that there was no requirement that sick leave had to be spent at home.
Fishing may well reduce stress and be a legitimate use of sick leave. However, an employee who wishes to go fishing while on sick leave should obtain a letter from their doctor setting out the benefits that fishing (or any other recreational activity for that matter) has in treating his or her illness. This letter can be given to the employer if there is a dispute about the employee’s use of sick leave. Whether this extends to bungee jumping has yet to be decided.
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