Failing to properly manage a long-term absence creates risk and potentially significant financial, cultural and productivity costs for employers.

Not only is an important resource unavailable to the business for an extended period, managing these issues poorly can lead to increased risk of claims (such as for worker’s compensation, discrimination, unfair dismissal and adverse action/general protections).

The Victorian Chamber’s workplace relations consulting experts have compiled five tips to help manage what can be difficult and complex situations.

#1: Have a conversation sooner rather than later

The first step in any long-term absence should be to engage in a conversation with your employee, preferably sooner rather than later. Talk to them and find out what is happening with them, what they’re experiencing, how you can support them, and what their intentions are.

Never underestimate the value of a conversation like this, as you are likely to gain useful information and insight into the situation. This will also show the employee that you want to take a compassionate and empathetic approach to the issue by hearing their story.

The earlier you start this dialogue, the earlier you can implement a plan for a safe return to work, which should be your primary objective.

#2: If you need more information, ask for it!

Where an employee has been absent for a significant period (more than two weeks), objective information about their prognosis and capacity to perform their usual role becomes more important and necessary for decision-making. We need to know more than just that the employee is ‘not fit for work’.

Rather than making assumptions, it is advisable to write to the employee and their treating doctor to clearly outline the job requirements, seek detailed information about any work restrictions (if any), and understand what reasonable adjustments could support the person to come back to work as soon as possible. If sufficient information cannot be obtained, it may be necessary to direct the employee to attend an independent medical examination (IME).

This process can be technical. Employers need to comply with their obligations not to unlawfully discriminate, and to ensure their directions to employees are lawful and reasonable. If you think you need to write to your employee and/or their doctor, it is always a good idea to get expert advice and assistance.

#3: If the matter involves a worker’s compensation claim, stay in touch with your insurer/agent

A lengthy worker’s compensation claim can be time consuming, however your insurer should provide constructive and active support to help get your employee back to work.

Insurers should have access to medical information about the status of the employee and can work with you to plan a staged return to work. If the employee cannot return to their job at your workplace, your insurer can also help the employee find a job elsewhere.

Your Victorian Chamber consultants can assist with the strategic approach to navigating the workers’ compensation system, as well as managing your employment risk and obligations.

#4: Beware of blending processes – keep worker’s compensation separate!

It is important that any worker’s compensation process is kept separate from other matters that involve the employee.

For example, you may form the view your employee cannot perform the inherent requirements of their role, there may be unresolved performance or conduct issues, or you may no longer require the role (especially if it has been vacant for some time). Any of these matters could compound the risks and/or challenges of appropriately managing the employee’s absence from work.

It is critical that employers make reasonable attempts to obtain objective information as the basis for any workplace decisions. It may be tempting to rely on information gained as part of the worker’s compensation matter but it’s important to obtain separate information, even if it turns out to be similar or the same as information you have already received as part of the worker’s compensation claim. Penalties for breaching this requirement can be significant.

It is also important to keep your obligations in terms of timeframes in mind. For example, employers must offer ‘suitable work’ to an employee for the first 52 weeks after their injury (where the employee has made a worker’s compensation claim).

#5: Be patient

Long-term absences take time to manage, and we need to ensure we give employees time to respond and provide any information we have requested. For example, it will generally not be reasonable to require an employee to produce information from their doctor at very short notice.

Resist the urge to do things quickly, make snap decisions, or to allow emotions or frustration affect your approach. Take the time to seek good advice and make informed decisions.

These matters can be complex, the circumstances can vary significantly, and there are many considerations for employers to be aware of.

How we can help

Our Workplace Relations Advice Line and consulting teams are available to provide advice about how to manage these matters and to help employers draft the necessary correspondence.

If you have any questions or need any assistance, don’t hesitate to reach out to our advice line by calling 03 8662 5222.