These vary in the different states and under commonwealth legislation. A brief summary for each jurisdiction of employer obligations follows.
Commonwealth
Employers covered by the federal scheme such are obliged to take all reasonable steps to provide an employee who is undertaking, or has completed a rehabilitation program, with suitable employment or to assist the employee to find such employment.
NSW
Employers can be in breach of the Industrial Relations Act 1996 if they dismiss a worker within 6 months of being injured; or offers an injured employees position to a replacement employee within 2 years from the date of the injury, without first advising the injured employee that they may be reinstated to the position.
Employers must have a rehabilitation program and a written return to work plan for workers incapacitated for more than 12 weeks.
If they are employers with annual premiums over $50,000, or self-insurers, or employ more than 20 workers, they must ensure rehabilitation co-ordinators have a minimum level of training.
Failure to provide partially incapacitated workers with suitable duties results in workers receiving a higher level of weekly benefits.
Victoria
The employer is obliged to keep the employees position open for 12 months. Any employer with more than $1 million rateable rumuneration must establish rehabilitation and risk management programs.
South Australia
Employers with less than 10 employees are required to keep a position open for an injured worker for 12 months. An employer with 10 or more workers is required to keep a position open indefinitely. The position must be for employment for which the worker is fit, and, as far as reasonably practicable, the same or equivalent to the position the worker was in before the incapacity.
The WorkCover Corporation is obliged to prepare a suitable rehabilitation plan after 3 months.
Western Australia
Except in certain circumstances, the employer of an injured worker who attains at least partial capacity for work within 12 months of the date upon which the worker began to receive compensation payments, is obliged to provide the worker with a job as close as reasonably practicable to the job held before becoming entitled to compensation.
After 4 consecutive weeks of incapacity, or 12 weeks within a 12 month period, the employer must notify the Workers' Compensation and Rehabilitation Commission, who in turn may require the employer to take reasonable steps to facilitate the rehabilitation of the worker.
Queensland
WorkCover is obliged to take steps it considers practicable to secure the rehabilitation and early return to suitable employmenyt of workers who are entitled to compensation. They must provide suitable rehabilitation training courses for employers and ensure the rehabilitation programs are provided to workers. Employer must take all reasonable steps to assist or provide rehabilitation and suitable duties to workers.
Employers of more than 30 employees must appoint a fully trained and WorkCover accredited rehabilitation co-ordinator.
The minimum period an employer is allowed before dismissing an employee is 3 months, subject to Chapter 3 part 5 of the Industrial Relations Act 1999.
Tasmania
The employer is required to keep a position open for the injured worker for 12 months, unless it is not practicable to do so or a reason for the position no longer exists. In addition the employer has a duty to make suitable alternative duties.
Where incapacity exceeds 14 days, the employer is required to prepare a return to work plan, and employers with more than 20 workers are required to prepare and display a rehabilitation policy.
Northern Territory
There is no requirement for an employer to keep a position open for an injured worker, but the employer must take all reasonable steps to provide suitable employment and if unable to do so they must assist the worker to find alternative employment.
(based on a paper by James McKay. Workers compensation - employers' ongoing responsibilities; Employment Law Update, CCH Australia, no. 156, 16 June 2000)
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