How To Manage Excessive Absenteeism Under Australian Employment Law

Excessive absenteeism can be one of the fastest ways to throw a small business off track.

When a team member is regularly absent (or frequently calls in at short notice), it can mean missed deadlines, stressed co-workers, unhappy customers, and a lot of time spent redoing rosters.

It can also create a bigger issue: if you don’t handle absenteeism consistently and lawfully, you may expose your business to legal risk.

The good news is you can manage excessive absenteeism in a way that’s fair to your team and practical for your business. The key is to treat it as a process, not a one-off reaction - and to make sure your policies, communication, and documentation are doing the heavy lifting.

Below, we’ll walk you through a step-by-step approach Australian employers can use to address excessive absenteeism with confidence.

What Counts As Excessive Absenteeism (And Why It Matters)?

There isn’t a single “magic number” in Australian law that automatically makes an employee’s absences “excessive”. In practice, excessive absenteeism usually means a pattern of absence that is:

• Frequent (e.g. many single-day absences over a period);
• Unpredictable (e.g. repeated late cancellations or no-shows);
• Disruptive to business operations; and/or
• Inconsistent with expectations set out in your contract, policies, or workplace norms.

It matters because absenteeism isn’t just a performance issue. Depending on the reason for the absences, it can also overlap with protected rights and employer duties - for example:

• Personal/carer’s leave and unpaid carer’s leave entitlements;
• Long-term illness or injury and your obligations to consider reasonable adjustments;
• Work health and safety (fatigue, stress, or unsafe work);
• Adverse action / general protections risks if action is taken for a prohibited reason;
• Unfair dismissal and (where relevant) the Small Business Fair Dismissal Code; and
• Discrimination risks if absences relate to disability, pregnancy, family/carer responsibilities, or other protected attributes.

There are also specific Fair Work protections around illness or injury-related absences (often referred to as “temporary absence”). These rules can affect whether termination is lawful, so while the business impact may feel urgent, your response should be measured, consistent, and well-documented.

Start With The Foundations: Contracts, Policies And Clear Expectations

Before you address excessive absenteeism with a specific person, it helps to check whether your business has the basics in place. If expectations aren’t clear or consistently communicated, it’s much harder to manage attendance fairly.

1) Make Sure Your Employment Contract Is Clear

Your Employment Contract should set expectations around hours of work, reporting lines, leave, notice requirements, and (where relevant) rostering and availability. For casual staff, the contract should also address the nature of casual engagement and how shifts are offered and accepted.

If the contract is vague (or doesn’t reflect what happens in practice), attendance management can become messy quickly - especially if things escalate into warnings or termination.

2) Have A Clear Leave And Absence Process

At a minimum, your workplace should be able to answer these questions clearly:

• Who does an employee notify if they’re unwell or unavailable?
• How do they notify you (phone call, SMS, roster app, email)?
• By what time do they need to let you know?
• When do you require evidence (medical certificate or statutory declaration)?
• How should leave be requested in advance (and how is it approved)?

When your process is clear and consistent, it’s easier to identify when someone is not meeting expectations - and easier to have a fair conversation about it.

3) Be Careful With Recording Conversations

Attendance management often involves difficult conversations, and employers sometimes think, “We’ll just record the call to protect ourselves.” In Australia, call recording rules vary by state and circumstances, so you should be cautious before recording conversations. If your business is considering this, it’s worth checking the rules around recording a phone call (and making sure your approach matches where you operate).

As a practical alternative, take thorough file notes and follow up important discussions in writing.

How To Spot Patterns And Confirm There’s A Real Issue

Excessive absenteeism is often a pattern problem, not an isolated incident. That’s why the first step is usually to get the facts straight.

Track Attendance Consistently

Even in a very small business, you should have a simple way to track:

• Dates of absences (and whether they were full day/part day);
• Whether the absence was planned or unplanned;
• The reason given (keep it factual and respectful);
• Whether leave was paid/unpaid and what type (personal leave, annual leave, unpaid leave);
• Whether evidence was provided and when; and
• Any operational impact (e.g. shift could not be covered).

This helps you avoid relying on “gut feel” and makes sure you treat employees consistently.

Look For “Red Flags” (Without Jumping To Conclusions)

Patterns that may justify a closer look include:

• Frequent Mondays/Fridays off;
• Absences repeatedly tied to certain shifts;
• Regular “too sick to work” messages shortly before a shift;
• Repeated failure to provide evidence when requested; and
• Conflicting explanations over time.

That said, a pattern doesn’t automatically mean misconduct. There may be a medical issue, caring responsibilities, or another legitimate explanation.

Your goal at this stage is to confirm there is an attendance concern that needs to be managed - not to assume wrongdoing.

Step-By-Step: How To Manage Excessive Absenteeism Fairly And Lawfully

Once you’ve identified a genuine concern, you’ll generally want to follow a structured process. This improves outcomes and reduces legal risk.

Step 1: Have An Early, Private Conversation

Start with a confidential conversation as soon as a pattern emerges (rather than waiting until you’re frustrated). Keep the tone calm and practical.

In that conversation:

• Explain what you’ve observed (stick to facts and dates);
• Explain the impact on the business (customers, roster coverage, other staff);
• Ask if there’s anything you should be aware of that’s contributing to the absences; and
• Reconfirm the process for notifying absences and providing evidence.

If the employee raises a health issue, mental health concern, or other sensitive matter, it’s important to respond appropriately and consider whether any support, adjustments, or further information is needed.

Step 2: Confirm Evidence Requirements (And Apply Them Consistently)

Under the Fair Work framework, employees may need to provide evidence that would satisfy a reasonable person. This is commonly a medical certificate or a statutory declaration.

If your employee doesn’t have a medical certificate, a statutory declaration can sometimes be used (depending on the situation and your workplace requirements). If you’re unsure what this looks like, statutory declarations for sick leave are a common option employers ask about.

The key is consistency. If you require evidence from one employee in certain circumstances, you should apply the same approach to others in similar roles and situations - unless there’s a defensible reason not to.

Step 3: Put Clear Expectations In Writing

If the problem continues after an initial conversation, document your expectations in writing. This can be done via an email or letter confirming:

• The attendance concern (with dates);
• The requirement to comply with the business absence notification process;
• Any evidence requirements going forward; and
• That ongoing attendance issues may lead to formal performance management.

This isn’t about “papering a file” - it’s about clarity. Many attendance issues improve quickly once expectations are clearly set and confirmed in writing.

Step 4: Consider A Formal Performance Management Process

If the absences continue and there’s no adequate explanation (or the employee isn’t complying with reasonable requirements), you may need to start a formal process.

A typical performance management process may include:

• A formal meeting (with notice and an opportunity for the employee to respond);
• A documented outcome (e.g. a first warning);
• A timeframe for improvement; and
• Check-ins and ongoing monitoring.

If you need to issue a warning, it helps to do it properly and consistently. In many businesses, a formal warning is where things either improve quickly, or it becomes clear that further steps are needed.

Step 5: Manage Rosters And Shift Changes Carefully

Attendance issues often intersect with rostering - especially in hospitality, retail, trades, health, and other shift-based industries.

If you’re adjusting rosters due to excessive absenteeism, be careful not to accidentally breach minimum notice obligations in the relevant modern award or enterprise agreement. This is particularly important when you are changing start/finish times, cancelling shifts, or reducing hours.

To keep your approach compliant and practical, it helps to understand minimum notice for shift changes and ensure your roster practices align with the rules that apply to your workplace.

Step 6: Escalate To Termination Only After A Fair Process (And Check The Risks)

Sometimes, excessive absenteeism reaches a point where you can’t keep operating effectively. Termination may be an option, but it’s also where legal risk increases - especially if the absences relate to illness or injury, or if the employee is exercising a workplace right.

Before you move toward termination, you should generally check:

• Whether the employee is on paid personal/carer’s leave or another protected leave;
• Whether the absences relate to illness/injury and may be covered by “temporary absence” protections (which often depend on the length of absence and whether evidence has been provided);
• Whether there is a medical condition and whether reasonable adjustments should be considered;
• Whether you’ve provided warnings and a genuine opportunity to improve; and
• Whether you’ve complied with any award/enterprise agreement process requirements.

In many cases, the safest approach is to get advice before you take final steps, especially if the employee has been absent for health-related reasons or has raised a complaint or dispute.

When Absences Are Health-Related: Medical Evidence, Return To Work, And Capacity

Some of the trickiest absenteeism issues involve an employee who is genuinely unwell or injured, and where the absences are ongoing or unpredictable.

In these situations, you still need to run your business - but you also need to be careful about how you ask questions and what decisions you make.

When Can You Ask For Medical Information?

Employers can generally ask for evidence to support leave, and in some circumstances you may be able to request further information where it’s necessary to assess an employee’s capacity to do their job safely.

For example, if an employee is returning after a significant injury, you may consider whether it’s appropriate to ask for medical clearance. The details matter, so it’s worth understanding when employers can request medical clearance to return to work.

As a practical approach, try to keep requests:

• Relevant to the inherent requirements of the role;
• Proportionate to the concern (don’t overreach); and
• Respectful of privacy and confidentiality.

Consider Reasonable Adjustments And Temporary Changes

If absences are linked to a medical condition, consider whether there are reasonable adjustments that could help the employee attend work more reliably or work safely.

Depending on the role, this might include temporary adjustments like:

• Modified duties;
• Adjusted start times;
• Reduced hours for a period; or
• Work-from-home arrangements (where feasible).

Not every adjustment is reasonable for every business - especially small businesses with tight staffing - but it’s important to turn your mind to options and document what you considered.

Keep Privacy In Mind

Health information is sensitive. You should limit who has access to it and store it appropriately. Even if your business is not covered by all Privacy Act obligations (which depends on size and activities), privacy best practice still matters for trust and risk management.

Practical Tips To Reduce Excessive Absenteeism Over Time

While you can’t eliminate absenteeism entirely (and shouldn’t try to), you can build systems that reduce unplanned absences and make them easier to manage.

Build Attendance Expectations Into Onboarding

Many attendance issues start because expectations were never clearly explained early on.

When you onboard new staff, cover:

• How to notify absences and who to contact;
• Evidence requirements for sick leave;
• Roster expectations (especially for shift workers); and
• How personal/carer’s leave works in your workplace.

Train Your Managers To Respond Consistently

If you have supervisors or team leaders, make sure they understand how to respond when someone calls in sick, including what to record and how to escalate repeat patterns.

Inconsistency between managers is one of the easiest ways for an absenteeism issue to turn into a workplace dispute.

Use Rostering Practices That Reduce Last-Minute Chaos

Consider whether your roster system can be improved so your business is less vulnerable when someone is away, for example:

• Keeping a small pool of staff who can pick up extra shifts;
• Cross-training employees for key tasks;
• Setting clear deadlines for availability; and
• Using a consistent approach for shift swaps.

If you’re introducing a roster/shift cancellation approach (or tightening an existing one), it’s important to check the rules around shift cancellation and ensure your policy aligns with any applicable award conditions.

Address Underlying Issues (Where Appropriate)

Excessive absenteeism can sometimes point to bigger workplace issues, such as:

• Burnout and fatigue due to understaffing;
• Unclear role expectations;
• Poor workplace culture;
• Bullying, harassment, or conflict; or
• Safety issues.

You don’t need to be a counsellor, but you do need to listen and take concerns seriously. Even small changes to workload planning, communication, or training can reduce absenteeism significantly.

Key Takeaways

• There’s no single legal definition of excessive absenteeism, but patterns of frequent, disruptive absences can be a performance issue that needs to be managed carefully.
• Start with clear foundations: a solid Employment Contract, a practical absence notification process, and consistent evidence requirements.
• Track attendance and address concerns early with a private, factual conversation before the issue escalates.
• If absenteeism continues, set expectations in writing and follow a fair performance management process (including warnings and time to improve where appropriate).
• Be especially careful when absences are health-related: “temporary absence” protections, discrimination duties, and requests for medical evidence/return-to-work processes all need a reasonable, role-focused approach.
• Rostering changes and shift cancellations can trigger award compliance issues, so it’s important to check notice and process requirements.

If you’d like help managing excessive absenteeism in your business (including reviewing your Employment Contract, workplace policies, or a termination process), you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.