Q: I have a full-time worker who is currently on suitable light duties due to an injury. His certificate of capacity says he can do suitable, light duties for 2 months. This 2-month period ends in 5 weeks.

This employee has called to advise he needs to go overseas immediately to be with a dying relative and he doesn’t know when he will return.

We are not in a position to be able to hold the position indefinitely. Our company policy states that if an employee is unable to advise a return date from a period of unpaid leave, they are required to resign and can be re-employed when a suitable position becomes available. This employee has refused to resign.

We have advised our insurance company that he is going overseas and we are not sure what the ruling is in regard to workers’ compensation payments, as he does have capacity to work.

How long must we keep this job open and what are the ramifications in relation to workers’ compensation? Can we claim he has abandoned his employment?