Serial Leave Takers

‘Serial leave takers’ are often one of the most challenging things for an employer to manage. Clause 10-2935 of the Fair Work Act “Additional provision relating to termination of employment” may be able to assist. It states that: “If an injury or illness is not ‘prescribed’ (see FWA definition) and (i) the employee’s absence extends for more than 3 months; or (ii) the total absences of the employee, within a 12 month period, have been more than 3 months (whether based on a single illness or injury or separate illnesses or injuries); and they are not on personal/carer’s leave” you could be able to terminate or at least start managing the behaviour based on attendance. Even if the employee has not hit that magic 3 month mark yet – we may still be able to prove attendance issues through patterns of behaviour and start managing them on it.


Why not give us a call so that we can investigate for you?