ARTICLE · 31 AUGUST 2022

Managing sick or injured employees

Walter Baden

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Employers must be aware of the legal protections for injured and ill employees and for employees with a disability.

AustraliaEmployment and HR

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At some point, every employer will confront managing an employee who is suffering from an injury, medical condition or disability. When this occurs, it is important to know that there are legal protections for injured and ill employees and for employees with a disability. Whilst at times, an employee cannot continue employment due to illness or injury, failures of process in managing or terminating the employment of an ill or injured employee can result in employees having a substantial legal claim against their employer.

The Nature of Obligations

Whilst there are obligations placed upon an employer in relation to managing a sick or injured employee, there are also limitations on those obligations. For example, if an employee cannot perform the inherent requirements of their position, after any reasonable adjustments have been made, an employer is not required to continue the employment of the employee.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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