Presented By Owen Hodge Lawyers

CURTAILING EXCESSIVE EMPLOYMENT ABSENTEEISM

INTRODUCTIONWork place absenteeism must be handled with personal care and within the perimeters of the labor law. Excessive absenteeism, due to personal illness or injury, can be costly for a company both financially and with regard to labor management. It is imperative that organizations have well defined rules and regulations in place for handling excessive absenteeism.

ABSENTEEISM LAW

The Fair Work Act of 2009, protects all employees from being dismissed from work due to temporary illness or injury. In addition, employees are afforded protective rights under the National Employment Standards – Fair Work Ombudsman Act.

In accordance with these two employment acts, employees are entitled to 10 days of sick leave per year. Additional time can be accrued based upon the number of hours an employee works per week. There is no minimum or maximum that an employee can accumulate and an employee can use the full amount of time they have accrued.

If an employee’s paid sick leave runs out, there are still options available to them. An employee can take unpaid sick leave. In this instance the employee cannot be fired if their absence does not exceed 3 months and they have provided medical evidence supporting their need to be absent due to illness or injury.

ABSENTEEISM LAWSIf an employee is absent in excess of 3 months, then the employee runs the risk of being terminated. Being terminated under these circumstances is not necessarily illegal. However, the employee can dispute a termination based upon filing an application for an unfair or harsh dismissal. In addition, the employee can make a claim for discrimination due to disability. See also Fair Work Act 351, 352, 385 and regulation 3.01.

SAFEGUARD PROCEDURESTo protect both the employee and the organization employers should implement the following safeguard procedures;

1. Employers should be aware of recurring short term absences and address them immediately 2. Record absences accurately and contemporaneously with their occurrence 3. Implement a short mandatory meeting following all absences to determine if the employee has fully recovered, if

the illness or injury is chronic in nature, and if medical attention was received to alleviate the sickness or physical harm

4. Determine if there are any underlying needs or issues, including issues with other employees that might be exacerbating the situation, or any accommodations that might need to be made to prevent further illness or injury

WORKPLACE MEETING

In addition, employers should consider holding an annual or semiannual meeting with all employees or with each

department and their human resources coordinator to address various employment issues, particularly absenteeism.

WORKPLACE MEETING

During the course of these employment meetings the human resources coordinator and the employer should cover the following topics;

1. Set a clear policy with regard to absenteeism. Explain to all employees the number of sick days they are legally allotted and the proper way to use these days. Include the expected procedure for reporting an absence, for providing medical evidence of the need for the absence and the expectations upon their returning to the work force.

2. Encourage open lines of communications between managers and employees with regard to any needs the employee might have that would increase the health of the work environment.

3. Stress the importance of each employee’s talents and skills that allow for the organization to run smoothly and efficiently. In doing so remind the work force that their absence creates a hardship for their co-workers and increase their own need to take on the responsibility of catching up when they return to work.

4. Be sure all managers and human resources personnel are well informed about the issues surrounding unfair dismissal and/or disability discrimination.

WHAT CAN EMPLOYERS DO? Employers who remain informed with regard to the current laws pertaining to work place termination and excessive absenteeism can be prepared to handle these issues should they arise. By also keeping absenteeism policies clear and available to all employees, an employer can circumvent the majority of legal issues that can arise from excessive work place absenteeism.

WE CAN HELPIf you or someone you know is currently dealing with this legal issue, please contact the law firm of Owen Hodge. We at Owen Hodge are always happy to assist clients in understanding the full ramifications of any and all of your legal needs. Please feel free to call us at your earliest convenience to schedule a consultation at 1800 780 770.

1800 770 780

ohl@owenhodge.com.au