3.01Temporary absence—illness or injury

#### 3.01 Temporary absence—illness or injury (1) For section 352 of the Act, this regulation prescribes kinds of illness or injury. > Note: Under section 352 of the Act, an employer must not dismiss an employee because the employee is temporarily absent from work because of illness or injury of a kind prescribed by the regulations. (2) A prescribed kind of illness or injury exists if the employee provides a medical certificate for the illness or injury, or a statutory declaration about the illness or injury, within: (a) 24 hours after the commencement of the absence; or (b) such longer period as is reasonable in the circumstances. > Note: The Act defines medical certificate in section 12. (3) A prescribed kind of illness or injury exists if the employee: (a) is required by the terms of a workplace instrument: (i) to notify the employer of an absence from work; and (ii) to substantiate the reason for the absence; and (b) complies with those terms. (4) A prescribed kind of illness or injury exists if the employee has provided the employer with evidence, in accordance with paragraph 107(3)(a) of the Act, for taking paid personal/carer’s leave for a personal illness or personal injury, as mentioned in paragraph 97(a) of the Act. > Note: Paragraph 97(a) of the Act provides that an employee may take paid personal/carer’s leave if the leave is taken because the employee is not fit for work because of a personal illness, or personal injury, affecting the employee. (5) An illness or injury is not a prescribed kind of illness or injury if: (a) either: (i) the employee’s absence extends for more than 3 months; or (ii) the total absences of the employee, within a 12 month period, have been more than 3 months (whether based on a single illness or injury or separate illnesses or injuries); and (b) the employee is not on paid personal/carer’s leave (however described) for a purpose mentioned in paragraph 97(a) of the Act for the duration of the absence. (6) In this regulation, a period of paid personal/carer’s leave (however described) for a purpose mentioned in paragraph 97(a) of the Act does not include a period when the employee is absent from work while receiving compensation under a law of the Commonwealth, a State or a Territory that is about workers’ compensation.