MiscellaneousChapter 6 Additional provisions relating to termination of employmentPart 6-4
Termination of employmentDivision 2
6.04Temporary absence—illness or injury
(1) For paragraph 772(1)(a) of the Act, this regulation prescribes kinds of illness or injury.
Note: Under section 772 of the Act, an employer must not terminate an employee's employment because the employee is temporarily absent from work because of illness or injury of a kind prescribed by the regulations.
(2) A prescribed kind of illness or injury exists if the employee provides a medical certificate for the illness or injury, or a statutory declaration about the illness or injury, within:
(a) 24 hours after the commencement of the absence; or
(b) such longer period as is reasonable in the circumstances.
Note: The Act definesmedical certificate in section 12.
(3) A prescribed kind of illness or injury exists if the employee:
(a) is required by the terms of a workplace instrument:
(i) to notify the employer of an absence from work; and
(ii) to substantiate the reason for the absence; and
(b) complies with those terms.
(4) An illness or injury is not a prescribed kind of illness or injury if:
(i) the employee's absence extends for more than 3months; or
(ii) the total absences of the employee, within a 12month period, have been more than 3months (whether based on a single illness or injury or separate illnesses or injuries); and
(b) the employee is not on paid personal/carer's leave (however described) for a purpose mentioned in paragraph 97(a) of the Act for the duration of the absence.
(5) In this regulation, a period of paid personal/carer's leave (however described) for a purpose mentioned in paragraph 97(a) of the Act does not include a period when the employee is absent from work while receiving compensation under a law of the Commonwealth, a State or a Territory that is about workers' compensation.
(1) For subsection 775(2) of the Act, this regulation sets out matters relating to a fee for making an application to the FWC under section 773 of the Act.
Fair Work Regulations 2009
Compilation date: 11/09/2021
Compilation No. 36