Know your rights in DHS: Defining reasonable in discussions about attendance
20 September 2010, 8:10am
Sometimes it can be challenging to define what a fair and reasonable conversation looks and feels like when reporting leave or discussing attendance. Here we outline some guidelines to assist you in conversations with your team leader or attendance manager.
Accessing leave when you are sick or have caring responsibilities is an
important entitlement of your collective agreement. Click here for a summary of
all the details on your entitlement to personal leave.
What are some reasonable questions?
When notified an unscheduled absence you may be asked:
What type of leave you will be applying for when back in the office?
Note: Is it personal, bereavement, special, or another type of leave?
There is no requirement or need to provide the reason or details on the
nature of your absence.
How long do you expect to be on leave?
Note: If required, DHS may have to make arrangement to cover or
reassign duties in your absence.
Can you let us know if you see a doctor and they advise that your
colleagues may be at risk of a communicable disease?
Note: DHS has a duty of care to you and your colleagues to reduce
risk of transmission of communicable disease, like the H1N1 virus.
You have no obligation to respond and may like to seek advice, as
You shouldn’t be asked for personal details on the nature of your
absence.
You shouldn’t be asked to diagnose yourself or elaborate on an illness.
The Australian Medical Association states that, “Employers should recognise
the right of employees to keep details of their medical condition
confidential.”
You shouldn’t be asked if you have seen a doctor. There is no
requirement to disclose this information.
You shouldn’t be expected to engage in a long and/or involved
conversation about your absence. The purpose of your call is to report
absence and have that recorded.
Note: While DHS may ask you for this type of information; you
do not have to respond and they cannot use your lack of a response as evidence
against you and your performance. You have genuinely fulfilled your duties and
obligations reasonably.
How a reasonable conversation could go
Karen is taking personal leave today. Here is a transcript of her
conversation with the attendance manager, Susan.
Karen: Hi Susan, I’m calling to let you know that I will be taking
personal leave today because my son is unwell.
Susan (Attendance manager): And when do you think you will be back
at work?
Karen: I expect to be back at work tomorrow, but I will call you
if the situation changes.
Susan: OK, thanks for letting us know. If he has an illness that
may be considered communicable, we suggest you seek medical advice on
whether this could pose a risk to you or your colleagues, and let us know if
that is appropriate.
Karen: Yes, I understand.
Susan: OK, take care of yourself, hope you can make it back soon.
Karen: Me too! Thanks.
Need support and advice?
CPSU members get the expert workplace advice and support when they need it,
call the CPSU Members Service Centre on 1300 137 636; Monday to Friday 8am to
8pm (EST). Not yet a union member?- Your colleagues would welcome you,
join securely online or call 1300 137
646.
