FAIR WORK REGULATIONS 2009 - REG 6.04 Temporary absence--illness or injury

FAIR WORK REGULATIONS 2009 - REG 6.04

  (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 defines medical 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 3 months; or

  (ii)   the total absences of the employee, within a 12 month period, have been more than 3 months (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.