Dismissing an Ill or Injured Employee: Temporary Absence Provisions (Practice Note)

This Practical Law Australia Employment Law practice note examines when an employee is protected from dismissal due to a temporary absence from work while ill or injured under section 352 of the Fair Work Act 2009 (Cth) and how to substantiate that the illness or injury is of a kind protected by the legislation.

Table of contents

  • Temporary absence due to illness or injury
    – Paid personal/carer’s leave
    – Is workers’ compensation considered paid personal leave?
  • Illness or injury of a kind prescribed by the FW Regulations
  • Causal connection between temporary absence and dismissal
  • Lawful dismissal under temporary absence provisions does not preclude action under another area of industrial law
    – Guidance for practitioners

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