Understanding medical leave of absence
A medical leave of absence goes beyond regular sick leave - it's an extended period away from work due to serious health conditions, surgery recovery, or ongoing treatment. In Australia, how this leave is handled depends on your employment status, accrued leave, and the nature of the medical condition.
NES entitlement
- 10 days paid personal leave
- Accumulates year to year
- Pro-rata for part-time
- Used first before unpaid
Job protection
- Protected for up to 3 months
- Unfair dismissal protections
- Discrimination laws apply
- Return to same role
Types of medical leave
When employees need extended medical leave, several options may apply:
Leave options for medical absence
Job protection rights
- 3-month protection: Cannot be dismissed for temporary illness absence
- Discrimination protection: Cannot be dismissed due to disability
- Unfair dismissal: Still applies during medical leave
- Return rights: Entitled to return to same or similar position
Extended absences beyond 3 months
After 3 months of absence (or 3 months total in 12 months), the protections against dismissal for temporary absence no longer apply. However, employers must still consider disability discrimination laws and make reasonable adjustments where possible.
Return to work
Employee responsibilities
- Keep employer informed of progress
- Provide medical clearance to return
- Discuss any restrictions or adjustments
- Give reasonable notice of return date
Employer responsibilities
- Hold position or provide similar role
- Make reasonable adjustments if needed
- Allow graduated return if appropriate
- Maintain communication throughout
Common medical leave mistakes
Dismissing during protected period
Employees are protected from dismissal for temporary absence due to illness for up to 3 months. Dismissing within this period is generally unfair dismissal.
Not considering reasonable adjustments
Employers must consider reasonable adjustments to help employees return to work, such as modified duties, flexible hours, or phased returns.
Demanding excessive medical detail
While employers can request medical certificates, they cannot demand detailed diagnosis information. A certificate confirming unfitness and expected duration is sufficient.
Key takeaways
Medical leave of absence requires careful management to balance business needs with employee wellbeing and legal obligations. Understanding job protection periods and return-to-work requirements is essential.
RosterElf's leave management helps you track extended medical absences, plan for coverage, and manage the return-to-work process smoothly.
