Two weeks ago I contracted a bad stomach bug and had to take 5 days off from work without pay. Last week when I returned to work my boss told me that I was fired because I had taken time off work. Is this lawful?
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Answer by Kate Luckman, Dulwich Hill 2203 NSW
- It is unlawful to terminate an employee’s employment because they took paid or unpaid sick leave. Paid and unpaid sick leave is an employee entitlement.
- An employer may only dismiss you because you have abandoned your employment if they can prove that it was reasonable for them to come to this conclusion and that it was not possible for you to return to your previous position after your absence.
- Different provisions may apply if you are on leave due to a work related injury.