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……

‘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?

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