<- Previous   First   Next ->

MiscellaneousChapter 6 Additional provisions relating to termination of employmentPart 6-4

Termination of employmentDivision 2

Regulation6.04

Part 6-4—Additional provisions relating to termination of employment

Division 2—Termination of employment

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:

(a) either:

(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.

6.05Application fees

(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

89

Compilation No. 36

Registered: 19/10/2021

<- Previous   First   Next ->