Long Term Absenteeism
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Sick and Carer’s leave also known as Personal leave or Carer’s leave allows an employee to take time off work in case of personal illness or injury, caring responsibilities, and family emergencies.
The National Employment Standards entitle full time employees to 10 days paid personal/carer’s leave per year. Part-time employees accrue leave on a pro-rata basis.
However, in some cases the granted personal leave entitlements may not be enough and employees may require additional time off work due to a long-term illness.
What happens when an employee runs out of sick leave?
Dealing with long-term employee absences due to a long-term illness can be difficult, however, employers need to ensure they act with compassion, whilst also taking into consideration the needs of the business.
What do employers need to be aware of when dealing with long-term sick leave?
It is important that employers understand that employees are entitled to:
Request to use accrued annual or long-service leave,
3 months of unpaid leave over a period of 12 months,
Request flexible work arrangements (reasonable adjustments) to their role due to an illness, such as amendments to working hours, days, duties, and an option to work from home.
Conversely, employers have the right to:
Refuse an employee’s request to take out annual or long-service leave, if there are reasonable business grounds to do so,
Request an employee to take out annual leave depending on circumstances, relevant awards, and enterprise bargaining agreements,
Refuse a request for flexible work arrangements, if there are reasonable business grounds to do so,
Trial flexible working arrangements for a short period of time prior to permanency, to see any major impact on business performance,
Request additional medical information,
Request to speak to the employee’s medical professional,
Appoint another medical professional to do an independent assessment.
Can you replace someone on extended sick leave?
When an employee is on extended leave, the employer can only hire a replacement on a temporary basis and cannot make the position redundant. Doing so may lead to unfair dismissal, general protections or a discrimination claim.
Have you considered implementing a long-term absences policy?
To effectively deal with long-term employee absences from the workplace, and ensure that everyone is on the same page, it can be beneficial for employers to implement a long-term absences policy or a long-term absences section under the existing company leave policy.