What if I am unable to work because of a chronic or serious illness?

When a chronic or serious illness stops you from working (or if you think that you will be unable to work in the future), you may have access to certain rights and entitlements under the Australian workplace law and under your contract of employment. These may include sick leave, long service leave and annual leave entitlements.

If your injury is work related you may also be entitled to worker’s compensation payments and your superannuation policy may have a salary continuance component or a permanent impairment entitlement.

If all else fails then sickness benefits may be available from Centrelink
www.centrelink.gov.au

What legal rights do I have under my employment contract?

Sick leave
Most full-time employees working at least a 38 hour week are entitled to a minimum of 10 days of paid sick leave per year which can be taken if you are unwell or need treatment for your illness. This minimum entitlement applies to most full-time employees regardless of whether this leave is specified in your contract of employment.

Full-time employees working at least 38-hours each week are also entitled to a minimum of four weeks paid annual leave per year (and continuous shift workers are entitled to five weeks) regardless of whether an annual leave entitlement is specified in your contract of employment.

Annual leave
Leave entitlements will vary depending on your status of employment-a casual, full time or part-time employee and the award or workplace agreement you have entered into.

If you are unsure of your leave entitlements, speak to your employer or obtain legal workplace advice.

Superannuation
In most cases, your employer is required by law to contribute a minimum of 9% of your earnings base to a complying superannuation fund. Refer to “Superannuation” to find out more regarding your entitlement and the circumstances where you can access your superannuation before retirement.

Discrimination

Under Australian equal opportunity law, it’s unlawful to discriminate against someone because of their illness or disability. This includes not hiring a person or dismissing someone because of a disability, imposing unfair work and pay terms because of a person’s disability, or transferring or not promoting an employer because of their disability. An exception to this is if you cannot carry out the job requirements.
For more details see the Links section or the Human Rights and Equal Opportunity Commission
www.hreoc.gov.au
For complaints call: 1300 656 419

Workplace adjustment

Australian workplace law requires employers to take reasonable steps to accommodate an illness or disability suffered by its employees. This may include making adjustments to the workplace to make work and access more comfortable for a disabled or chronically ill employee. This obligation only extends as far as is reasonable for the employer and the employer is not obligated to endure unjustifiable hardship to accommodate an employee.