Industrial Relations Regulation 2018

For section 297(1)(a) of the Act, an illness or injury for which the employee is absent for 2 days or less is a prescribed illness or prescribed injury if the employee promptly notifies the employer—

that the illness or injury will cause the employee to be absent from work; and

of the approximate period for which the employee will be absent.

An illness or injury for which the employee is absent for more than 2 days is a prescribed illness or prescribed injury if the employee—

promptly notifies the employer of the matters mentioned in subsection (1)(a) and (b); and

either—

gives the employer a doctor’s certificate about the nature of the illness or injury and the approximate period for which the employee will be absent; or

gives the employer other evidence of the illness or injury to the employer’s satisfaction.

Without limiting subsection (2), if the employee is required under an industrial instrument to notify the employer of an absence from work and substantiate the reason for the absence is due to illness or injury, the illness or injury is a prescribed illness or prescribed injury if the employee complies with the industrial instrument.

Despite subsections (1) to (3), an illness or injury is not a prescribed illness or injury if—

the total of the employee’s absences in a 12-month period, arising from 1 or more illnesses or injuries, is more than 3 months; and

the employee is not on paid sick leave or carer’s leave under chapter 2, part 3, division 6, subdivision 1 or 2 of the Act.