11 topics
Ill or injured employees
This chapter explains how to legally manage situations that may arise when an employee is ill or injured.
All Topics
-
As an employer, from time to time you will need to manage employees who are ill or injured. Your rights and obligations will depend on the situation that arises as a result of the illness or injury.
![Managing ill or injured employees]()
-
All employees, except casual employees, are entitled to paid personal leave if they are ill or injured and unable to attend work.
![Your rights and obligations when an employee takes personal leave]()
-
Anti-discrimination legislation may require you to accommodate an employee’s incapacity due to illness or injury to help them perform the inherent requirements of their role.
![Your rights and obligations when an employee requires modifications to accommodate an illness or injury]()
-
You will only need to make modifications to accommodate an employee’s injury or illness if it is reasonable to do so and does not impose unjustifiable hardship on your business.
![Must you always accommodate an employee’s illness or injury?]()
-
To determine whether modifications to accommodate an employee’s illness or injury are reasonable, consider the following.
![Checklist: How to determine when modifications are reasonable]()
-
If an employee’s illness or injury is work-related, they may make a workers’ compensation claim.
![Your rights and obligations when an employee makes a workers’ compensation claim]()
-
Generally, you cannot discipline or dismiss an employee for temporary absence due to illness or injury.
![Your rights and obligations when an ill or injured employee is unable to perform their role]()
-
You may have the right to request an employee to attend a medical examination – at your expense – or to provide evidence of their fitness to work where you are concerned an employee cannot perform the inherent requirements of...
![How to determine whether an employee can meet the inherent requirements of their role]()
-
Use this checklist to determine whether you have the right to require an employee to attend a medical examination.
![Checklist: When can you require an employee to attend a medical examination?]()
-
Before dismissing an employee for incapacity, consider the following.
![How to lawfully dismiss an employee for incapacity]()
loading more topics
Resources
Recently updated
-
Transfer of employmentIn a transfer of employment...
![Do you count service for a related entity outside your state or territory for long service leave purposes?]()
-
Transfer of employmentA new employer may apply...
![When can you apply to switch off or vary a transferring enterprise agreement?]()
-
Transfer of employmentA transfer of employment may...
![Transfer of employment triggering redundancy]()
-
Transfer of employmentIf an employee refuses to...
![What if an employee refuses to transfer?]()
