Sick or injured does not mean disposable.
An employer does not have to hold a role open forever, but medical incapacity is not a disciplinary shortcut. Current medical information, reasonable time and alternatives matter.
Medical incapacity is about future ability to work
The key questions usually include prognosis, likely return-to-work timeframe, the real requirements of the role, rehabilitation, length of absence, available alternatives and whether the employer has current objective medical information.
- Keep medical certificates and communications about capacity and return to work.
- Clarify what duties you can and cannot perform and for how long.
- Provide relevant updated information rather than leaving the employer to fill the gaps with assumptions.
- Keep records of proposed accommodations, alternative duties and return-to-work discussions.
What the employer still has to justify
The employer assumes incapacity is permanent without adequate medical information.
The employee is not told what medical information or prognosis is required.
A return-to-work plan, temporary adjustment or reasonable alternative is not genuinely considered.
The employer moves to termination while updated medical evidence is imminent or available.
The process becomes disciplinary even though the real issue is capacity to work.
What actually matters here
01There is no fixed period the job must be held open
What is reasonable depends on the role, length of service, operational impact, prognosis, available leave, likelihood of return and other circumstances. A blanket rule such as 'three months off means dismissal' is not a safe legal analysis.
02Medical information should answer work questions
The employer may need appropriate medical information about capacity and prognosis. The request should be connected to the employee's ability to perform the job and likely return-to-work timeframe. If an employee refuses relevant information, the employer may have to decide on the material it reasonably has.
03ACC and rehabilitation can be important
Where ACC is involved, return-to-work and vocational rehabilitation steps can matter. The employer should consider current restrictions, rehabilitation goals and whether temporary or alternative duties are reasonably available before reaching a final conclusion.
What a useful result can look like
Medical incapacity is not an indefinite guarantee of employment. The core issue is whether the employer reached a reasonable decision after a sufficiently informed and fair process.
A supported return to work or adjusted duties.
More time for prognosis to become clear where reasonable.
A negotiated exit if return is not realistically achievable.
A dismissal challenge where the incapacity decision or process was unjustified.