This document discusses handling excessive employee absenteeism according to Australian labor law. It notes that the Fair Work Act protects employees from dismissal due to temporary illness and entitles them to 10 paid sick days per year. If unpaid sick leave is needed beyond three months, termination is possible but may be disputed. The document recommends employers implement procedures like addressing recurring absences, accurately recording them, and holding meetings to cover policies and encourage communication. Following labor laws and clear policies can help employers address absenteeism issues legally.

1. Presented By Owen Hodge Lawyers
CURTAILING EXCESSIVE
EMPLOYMENT ABSENTEEISM

2. INTRODUCTION
Work 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.

3. 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.

4. ABSENTEEISM LAWS
If 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.

5. SAFEGUARD PROCEDURES
To 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

6. 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.

7. 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.

8. 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.

9. WE CAN HELP
If 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