In the small and medium sized business market, it becomes sometimes very difficult to manage your business when an employee takes to much sick leave. There appears to be a fine line between dimissing the employee for excessive sick leave and ensuring that you are not adversely treating your employee.
Your employees are entitled to take the leave as they accrue it and they are also entitled to take leave without pay.
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What can you do if your employee is under 3 months sick leave in 12 months?
You should sit with your employee and speak to them asking if you and your business can do anything to support them during this time. In this conversation you can establish if they are comfortable for you to write to their treating physican to establish if the employee can undertake their duties in a safe way.
You can not dismiss an employee if they have provided evidence of their illness or injury.
What can you do if your employee has over 3 months sick leave in 12 months?
You have the right to dismiss the employee based on the inability to conduct the inherent duties of their role. However, you still need to ensure that you manage that employee without contravention any relevant legislation.
Managing Excessive Sick Leave.
In these situations, you still have to abide by other legislation which may impact on your decision such as ensuring that the decision is not harsh, unjust or unreasonable which can result in an unfair dismissal case, and also be aware of general protections such as
protect workplace rights
- protect freedom of association
- provide protection from workplace discrimination, and
- provide effective relief for persons who have been discriminated against, victimised, or have experienced other unfair treatment.
If you have any questions on leave or a specific situation in your business - call 1300 872 566 for a confidential conversation.