Night Howls
Comments
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boss asked me my expectation around the job did I want it kept open - bit weird. Of course I do and hey mate legally you have to!
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@sarnicad and @vangirl have a quiet look at you company flexibility policy and unpaid leave policy and see if what you need to do fits in with either of those. Flexibility arrangements are part of the NES, however they are discretionary and if your employer can demonstrate that the conditions you request are likely to cause serious issues for the business, they do have the right to refuse. It's best to have those requests in writing. There is a Request for Flexible Working Arrangements form tacked onto the end of most modern awards. If your company does not have it's own form, use the default. It's worth having a look at that document as it give you an idea what information you will have to provide if you make a request. You will be able to find your award here https://www.fairwork.gov.au/awards-and-agreements/awards/list-of-awards or search the Fairwork site if you think you are covered by an individual agreement
The Fair Work Act does provide some protections for people who are unable to go to work due to illness and some awards and enterprise agreements have clauses that go beyond the FW requirements:
Fair Work Act & Fair Work Regulation
Under the Fair Work Act (s352), an employer must not dismiss an employee because he/she is temporarily absent from work for a prescribed kind of illness or injury.
Under Reg. 3.01 of the Fair Work Regulations 2009 it is not a ‘temporary absence’ if an employee’s absence extends for more than three months, or the total absences of the employee, within a 12-month period, have been more than three months, and the employee is not on paid personal/carer’s leave for the duration of the absence.The case law is a bit murky; it seems that the three months does not include any time away from work where you are using your accrued leave. If you get back to work and are unable to perform your duties you can also end up in the shit unless you can proved that you have been discriminated against because you have a disability.
The above is not intended to be legal advice, so I'd recommend you contact your union if you are in one. The other safeguard you can take is contact Fair Work and open a case file if you think things are turning nasty. Your employer won't know about it unless you need to take action but it is a way of keeping a good record and FW can direct you to legislation you might find useful. They won't give you specific advice or do anything unless they can establish there has been a breach.
BCNA has also developed some resources https://www.bcna.org.au/work-and-breast-cancer/ which may help.
It's a bastard of a position to be in--most employers don't have extensive experience in dealing with these situations and can make some really shitty decisions through ignorance or other motives.
If you have meetings with your employer regarding these matters always be aware that you have the right to take notes, and you can generally take someone else with you if you feel you can't keep track of what is going on. The support person can be someone from HR or anyone else you nominate as long as they agree to be bound by a confidentiality clause.
Good luck, Marg xxx
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No union involved public accounting practice and I get the impact on the business but we are small team so it is a bigger impact on his business if he is an arsehole. Clients would leave. I’m currently on paid leave so the unpaid disruption won’t kick in until after this pay cycle where I will use all my paid sick and annual leave up so really I’m at the start of the 3 months unpaid and really hope to be back before that expires.
NES would apply but at the end of the day it’s just a job and I am getting rapidly to where my health and my life are way more important. 3 months versus 30 years I know which one I’m looking at!
im hoping as he keeps saying I’m a valued member of staff that it will hold true and he has certainly put up with far worse behaviour from staff than this. At least I’m communicating and providing information to him
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Yep, it's much better if they don't act like arseholes and anyone with any brains will try to accommodate existing employees--if only because it takes so long for a new one to start earning any money!
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Thanks @Zoffiel . I read through the legal stuff before and AFAICT I am pretty much at the mercy of my employer's good will. I was hired in November last year to work on a project, as a fixed term contractor for 18 months. By the time the side effects of chemo kicked in I was only entitled to two or three weeks paid leave.
They really do need someone full time in the role. I know, because I was that person. They say they have looked into finding someone to job share without success.
We are at stalemate at this stage and I think the best I can hope for is that they will have me back in January and that I will be well enough to work full time by then.
The fact of going in for a meeting frustrates me as I can't see what good will come of it and I am a little nervous that they are about to give me my marching orders.0 -
I can't say I haven't slept...1/2 hour when I got home from rads yesterday, then I couldn't stay up any longer after tea and went to bed from 7-8:30, came out and started falling asleep on the couch, so back to bed at 9:30. Awake properly at 4:30!0
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My alarm actually woke me up this morning and I could of gone back to sleep but of course had to get up for my first shrink appt this morning before work.0
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Typical! Well, at least you've got something to break the ice!0
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True @sister feel quite ambivalent about my appointment at this stage!!0
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Morning early risers!0
