109Requirement for medical certificate

109 Requirement for medical certificate

109 Requirement for medical certificate

(1) A NSW Police Force senior executive absent from duty because of illness must—

(a) for an absence of more than 2 consecutive working days—give the Commissioner a medical certificate relating to the absence, or

(b) for an absence of 2 consecutive working days or less—give the Commissioner a medical certificate relating to the absence if required to do so by the Commissioner.

(2) Despite subsection (1), the Commissioner may, at any time, require a senior executive who has been granted sick leave to give the Commissioner medical evidence of the senior executive’s inability to resume duty.

(3) If a NSW Police Force senior executive applying for sick leave provides a medical certificate that appears to the Commissioner to indicate that the condition of the senior executive does not warrant the granting of sick leave, the Commissioner must immediately refer the application and the medical certificate to a medical practitioner for consideration.

(4) If the Commissioner refers an application for leave to a medical practitioner under subsection (3), the Commissioner must, on the advice of the medical practitioner, determine the type of leave to be granted to the senior executive in relation to the application.

(5) If the Commissioner does not grant sick leave to the senior executive in relation to the application referred to in subsection (4), the Commissioner must, as far as practicable, take into account the wishes of the senior executive when determining the type of leave to be granted in relation to the application.

(6) A NSW Police Force senior executive may elect to have an application for sick leave dealt with confidentially by a medical practitioner in accordance with any procedures determined by the Commissioner from time to time.

(7) If a NSW Police Force senior executive who is on annual leave or extended leave gives the Commissioner a satisfactory medical certificate in relation to illness occurring during that leave, the Commissioner may, subject to this division, grant sick leave to the senior executive for—

(a) for a senior executive on annual leave—the period set out in the medical certificate, or

(b) for a senior executive on extended leave—the period set out in the medical certificate, unless that period is less than 7 calendar days.