Carer’s leave

by Adrian ClarkOct 9, 2021Human Resources, View All

Workplace investigations are a vital part of maintaining the integrity and fairness of any organisation. When issues arise, it’s important for businesses to act quickly, ensuring that they address concerns in a transparent and lawful manner. Different types of investigations are needed for different situations, each requiring a tailored approach to ensure fair outcomes for all involved. Below are some of the most common types of workplace investigations and when they should be used.

Misconduct Investigations
Misconduct investigations are necessary when an employee breaches company policies or behaves inappropriately. This might include theft, dishonesty, substance abuse in the workplace, or breaches of confidentiality. Misconduct can also cover actions that damage the company’s reputation or relationships with clients. It’s important to act quickly when dealing with misconduct to maintain workplace standards and protect the business from potential legal liabilities.

Harassment and Bullying Investigations
Investigations into harassment and bullying are crucial when employees report or experience inappropriate behaviour. Whether the issue is sexual harassment, racial harassment, or bullying, businesses have a duty to investigate and take action. These investigations must be handled with care, ensuring that both the complainant and the accused are treated fairly, and that the process remains confidential. Addressing such issues promptly not only protects employee wellbeing but also helps to maintain a respectful workplace culture.

Discrimination Investigations
Discrimination investigations come into play when employees feel they’ve been treated unfairly due to attributes such as race, gender, age, disability, or sexual orientation. These cases can be complex and require careful handling to ensure compliance with anti-discrimination laws in Australia. A thorough investigation is essential to ensure that all claims are properly examined, protecting the organisation from legal action and fostering an inclusive workplace.

Health and Safety Investigations
When a workplace incident or a near-miss occurs, a health and safety investigation is needed. These investigations help to determine whether existing safety measures were followed and if further action is required to prevent future incidents. Compliance with workplace health and safety laws is essential in Australia, and these investigations ensure that businesses fulfil their obligations to protect their employees.

Workplace Culture Investigations
In some cases, broader concerns about workplace culture may require investigation. This can occur when there are ongoing issues affecting morale, such as repeated complaints about management or widespread dissatisfaction among staff. A culture investigation looks at systemic issues within the workplace and seeks to identify patterns that may be harming the work environment. These investigations provide valuable insights for leadership teams to implement lasting positive change.

How AHR Can Assist with Workplace Investigations
Conducting a workplace investigation requires impartiality, expertise, and a thorough understanding of Australian workplace laws. At Assurance HR (AHR), we specialise in handling workplace investigations with a high degree of professionalism and confidentiality. Whether you’re facing allegations of misconduct, bullying, discrimination, or safety breaches, AHR has the expertise to guide your organisation through the investigation process.

Our team works with you to ensure that every step of the investigation is conducted lawfully and fairly. We help gather evidence, interview witnesses, and provide detailed reports on our findings, making sure you have all the information needed to resolve the issue. By choosing AHR, you can focus on your business while we take care of the complexities involved in workplace investigations, ensuring you remain compliant and maintain a positive work environment. Let AHR be your trusted partner in managing workplace investigations with confidence and care.

Next Step

Click on the “Ask an Expert” to get started

Dealing with employees’ and carers’ leave can be tricky. At times it’s a simple situation, “my kid has a cold and can’t go to school, can I take the day off?” and other times things are a lot more personal, complicated, and emotionally laden. It’s important to be aware that, although the legislation is very straightforward in this area, human relationships are a lot more complicated, and as employers, it pays to be sensitive in this area.

What is carer’s leave?

Carer’s leave is part of personal leave—the 10 days annual paid leave owing to all full-time or part-time employees per year to recover from their own illness or care for a family member who is ill.

The Fair Work Act defines carer’s leave as, “leave taken to provide care or support to a member of the employee’s immediate family, or a member of the employee’s household, who requires care or support because of:

(i) a personal illness, or personal injury, affecting the member; or

(ii) an unexpected emergency affecting the member.”

Who can an employee claim carer’s leave for?

According to the Fair Work Act employees can claim carer’s leave to care for members of their immediate family. This is defined as any of the following:

Spouse/De Facto Partner
Child
Parent or grandparent
Grandchild or sibling
A spouse or de facto partner’s child, parent, grandparent, grandchild or sibling

Obviously, families can be complicated. If an employee asks for carer’s leave to look after someone who doesn’t fit into one of those categories it’s up to you whether you grant the request or not.

If, for instance, an employee asks for time off to care for a partner’s relative, but you know this partner has only been in a relationship with your employee for a month or two, it’s up to you to have a discussion about what’s best, and what’s necessary. Every situation is different. If they have annual leave owing you can suggest they take that instead. Whatever you decide, it’s important to remember that not only are real people’s lives being affected by your decision but also potentially your business’s reputation. Clear communication is crucial in situations such as this.

Evidence for carer’s leave

As with sick leave, you have a right to request evidence from employees requesting carer’s leave. In many cases, they will be able to provide a medical certificate, but if this is not the case you can also ask them to sign a statutory declaration (stat dec) stating the reason for their absence. A blank stat dec form can be downloaded from the Attorney General’s department website. This can be witnessed and signed by a number of different people in the community, such as a pharmacist or a teacher (the list of appropriate witnesses is on the form).

Is carer’s leave likely to be exploited?

As a business owner, it’s worth creating a workplace policy around the use of carer’s leave. This helps spell out what’s expected and gives employees who may need to use such leave regularly (such as parents, or employees with ageing parents) a set of clear guidelines of what’s expected of them.

Flexible working arrangements (such as being able to work from home if an employee’s child is sick) can be very beneficial, and lead to increased productivity, employee satisfaction, less stress, and greater staff retention.

If you haven’t got a carer’s leave policy in your workplace, or have any questions regarding when an employee can take carer’s leave, call us today on 1800 577 515. Our Assurance HR team are always on hand to help.