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