Long Term Injury/Illness

Long Term Sickness

A medical condition that lasts longer than six months is considered a long-term injury or illness.  Some examples include asthma, arthritis, cancer, diabetes, chronic pain or heart disease.

It is important that employees prioritise self-care and take responsibility to manage their condition. This includes developing an understanding of their condition and how best to manage the symptoms to ensure that they are fit for work. 

Leave options

Long term injury or illness may cause extended absences from the workplace. Long term sick leave is usually defined as four weeks or more of continuous absence. 

For more information about leave entitlements refer to Factsheet Six Leave.

If an employee has used all their paid leave, they are able to take unpaid leave and be protected from being dismissed. 

If an employee who can provide evidence of their illness or injury, they are protected from being dismissed because of their absence if they are away for less than 3 consecutive months or less than 3 months in total over the last 12 months.

Accommodating Needs

If the employee is not able to perform their standard duties, the employer must make all reasonable adjustments to allow the employee to return to work. This might mean modifying the employee’s workload or offering alternative employment within the company that better suits the employee’s needs. Where the employer refuses to reasonably accommodate the employee to enable them to perform their work, this may be discrimination. For more information refer to Factsheet Fifteen Workplace Discrimination and contact our office for advice. 

An employer might also allow an employee to work from home or work reduced hours. For more information refer to Factsheet Four Flexible Working Arrangements.