sec.297Temporary absence—illness or injury

### sec.297 Temporary absence—illness or injury An employer must not dismiss an employee because the employee is temporarily absent from work— because of prescribed illness or prescribed injury; or for any of the following reasons if, having regard to all the circumstances, the period of absence is reasonable— the employee is an SES member under the State Emergency Service Act 2024 and is absent for the purpose of performing an SES function under that Act in an emergency situation; the employee is a member of a rural fire brigade under the Fire Services Act 1990 and is absent for the purpose of performing a function of a rural fire brigade under that Act in an emergency situation; the employee is an honorary ambulance officer under the Ambulance Service Act 1991 and is absent for the purpose of performing a function of an honorary ambulance officer under that Act in an emergency situation. This subsection is a civil remedy provision. In this section— prescribed means prescribed by regulation. s 297 amd 2024 No. 18 s 39 sch 1 ; 2024 No. 22 s 92 sch 1 (sec.297-ssec.1) An employer must not dismiss an employee because the employee is temporarily absent from work— because of prescribed illness or prescribed injury; or for any of the following reasons if, having regard to all the circumstances, the period of absence is reasonable— the employee is an SES member under the State Emergency Service Act 2024 and is absent for the purpose of performing an SES function under that Act in an emergency situation; the employee is a member of a rural fire brigade under the Fire Services Act 1990 and is absent for the purpose of performing a function of a rural fire brigade under that Act in an emergency situation; the employee is an honorary ambulance officer under the Ambulance Service Act 1991 and is absent for the purpose of performing a function of an honorary ambulance officer under that Act in an emergency situation. This subsection is a civil remedy provision. (sec.297-ssec.2) In this section— prescribed means prescribed by regulation. - (a) because of prescribed illness or prescribed injury; or - (b) for any of the following reasons if, having regard to all the circumstances, the period of absence is reasonable— (i) the employee is an SES member under the State Emergency Service Act 2024 and is absent for the purpose of performing an SES function under that Act in an emergency situation; (ii) the employee is a member of a rural fire brigade under the Fire Services Act 1990 and is absent for the purpose of performing a function of a rural fire brigade under that Act in an emergency situation; (iii) the employee is an honorary ambulance officer under the Ambulance Service Act 1991 and is absent for the purpose of performing a function of an honorary ambulance officer under that Act in an emergency situation. - (i) the employee is an SES member under the State Emergency Service Act 2024 and is absent for the purpose of performing an SES function under that Act in an emergency situation; - (ii) the employee is a member of a rural fire brigade under the Fire Services Act 1990 and is absent for the purpose of performing a function of a rural fire brigade under that Act in an emergency situation; - (iii) the employee is an honorary ambulance officer under the Ambulance Service Act 1991 and is absent for the purpose of performing a function of an honorary ambulance officer under that Act in an emergency situation. - (i) the employee is an SES member under the State Emergency Service Act 2024 and is absent for the purpose of performing an SES function under that Act in an emergency situation; - (ii) the employee is a member of a rural fire brigade under the Fire Services Act 1990 and is absent for the purpose of performing a function of a rural fire brigade under that Act in an emergency situation; - (iii) the employee is an honorary ambulance officer under the Ambulance Service Act 1991 and is absent for the purpose of performing a function of an honorary ambulance officer under that Act in an emergency situation.