Chris Spotlight: Managing absence from work

Managing workflows and deadlines during an employee's absence can be challenging, and even more so when the duration evolves to become ongoing and indefinite. While most employers know the Fair Work Act limits their ability to end an employment relationship because of a "temporary absence due to illness or injury", the details and operation of the prohibition are often misunderstood. So, what are the key things to know?

• The prohibition operates to prevent a dismissal until the employee has been absent for at least 3 months (but in practical terms it can be longer). Unhelpfully, there's conflicting decisions as to when the 3 months start. Two recent decisions of Fair Work Commission say it starts after the employee exhausts their personal leave. In contrast, a 2006 decision of the Federal Court (which dealt with the predecessor prohibition in the Workplace Relations Act) says the 3 months commence when the employee commences their absence.