What To Do When an Employee Is Absent From Work In Australia

When an employee is absent from work, it can quickly disrupt rosters, customer commitments, and the workload across your whole team. But beyond the operational impact, there are also legal considerations - especially around leave entitlements, evidence requirements, privacy, and how you manage performance or misconduct fairly.

The tricky part is that an employee being absent from work can mean a lot of different things. Sometimes it’s completely legitimate (for example, taking personal leave). Sometimes it’s unclear (no call/no show). And sometimes it’s a red flag (for example, repeated unexplained absences that may warrant a formal process).

Below, we’ll walk through practical steps you can take straight away, and the key legal considerations for Australian businesses - so you can respond consistently, reduce risk, and keep your workplace running smoothly.

Step 1: Identify What “Absent From Work” Actually Means In Your Situation

Before you jump to conclusions, it’s worth slowing down and working out what type of absence you’re dealing with. Your response should match the facts.

Common Types Of Absence

• Approved leave (annual leave, personal/carer’s leave, unpaid leave) that has already been requested and approved.
• Unplanned but notified absence (for example, the employee calls in sick before their shift, in line with your usual process).
• No call/no show (the employee doesn’t attend and doesn’t contact anyone).
• Repeated short absences (patterns such as frequent Mondays/Fridays, or repeated “one day” illnesses).
• Extended absence (longer periods away from work, which may overlap with ongoing illness, injury, family responsibilities, or other issues).

Why does this matter? Because different legal obligations and processes can apply depending on the reason for the absence, what evidence you’ve requested, what the employee is entitled to, and what your award, enterprise agreement or policies require.

Start With Your Documents

Your first reference point should be:

• the employee’s contract (including notice and leave procedures)
• any workplace policies (like attendance, leave, and conduct policies)
• the applicable award or enterprise agreement (if one applies to your business)

If you don’t have clear written expectations in place, it’s much harder to manage employees being absent from work consistently (and fairly) across your team.

For many businesses, having a tailored Employment Contract is the starting point for setting those expectations.

Step 2: Make Contact Quickly (And Document Everything)

If an employee is unexpectedly absent from work, making contact early helps you confirm what’s happening, plan coverage, and reduce misunderstandings.

What You Should Do Immediately

• Try to contact them using the usual channels (call, SMS, email, messaging platform used for work).
• Keep it factual and calm - you’re checking on their welfare and confirming their attendance status.
• Ask for an update in writing where possible (even a brief text or email).
• Record your attempts to contact them (date, time, method, and any response).

Good record-keeping is not about “building a case” - it’s about being able to show you acted reasonably, communicated clearly, and followed a consistent process if the situation escalates later.

If It’s A No Call/No Show

Where there is no contact at all, you’ll generally want to:

• make multiple contact attempts across a reasonable timeframe (for example, early in the shift and again later)
• consider whether it’s appropriate to contact the employee’s nominated emergency contact (for example, if you have genuine welfare concerns) - and be mindful not to disclose unnecessary workplace or personal details
• send a written message confirming the missed shift and requesting the employee contact you urgently

Sometimes, a no call/no show has a genuine explanation (illness, accident, phone loss, family emergency). Starting from a welfare and safety mindset is usually the best approach.

Step 3: Check Leave Entitlements And Evidence Requirements

Once the employee responds, your next step is to work out whether the absence is covered by an entitlement (like personal leave) and whether you can request evidence.

Personal/Carer’s Leave: Can You Ask For A Medical Certificate?

In many cases, yes - employers can request evidence that would satisfy a reasonable person that the employee was unfit for work (or needed to care for someone). If the employee doesn’t provide that evidence when required, they may not be entitled to be paid for that absence.

However, what is “reasonable” can depend on factors like:

• how long the employee is away
• any patterns of absence
• what the relevant award or enterprise agreement says
• how your policies are written and applied

If you’re setting expectations (for example, “a certificate is required for any absence of 2+ days” or “any absence before/after a public holiday”), consistency is key - but you’ll also want to ensure the requirement is lawful and consistent with any applicable award, enterprise agreement, contract or workplace policy. Applying different standards to different employees can create unnecessary legal risk.

If you’re unsure what you can request and when, it helps to understand the general rules around sick days without a certificate and how evidence requirements commonly work in practice.

Can You Accept A Statutory Declaration Instead?

Sometimes employees can’t access a doctor quickly, particularly for short illnesses. In those cases, a statutory declaration may be an option depending on the situation, your policies, and any relevant industrial instrument.

If you decide to accept one, you’ll still want it to be properly prepared and signed. Many employers find it helpful to have a consistent approach to statutory declarations for sick leave so managers aren’t making it up shift-by-shift.

Be Careful With Medical Information

You can usually ask for evidence that an employee is unfit for work - but you generally should not pressure them to disclose their diagnosis. Medical information can be sensitive, and you should store any certificates securely and limit access internally.

If the absence relates to an injury or illness and the employee is returning to duties that raise safety concerns, you may also need to consider when it is appropriate to request medical clearance to return to work.

Step 4: Manage The Operational Impact Without Creating Legal Risk

When an employee is absent from work, you still need to run your business. That usually means reallocating work, changing shifts, or bringing someone else in.

This is where businesses can accidentally create issues - especially if shift changes are handled informally or inconsistently.

Be Clear About Roster Changes And Shift Coverage

If you need to change other team members’ shifts to cover the absence, consider:

• the minimum notice requirements under the relevant award or agreement (and any flexibility clauses that apply)
• your employment contracts and rostering policies
• fatigue and safety risks (for example, back-to-back extended shifts)

Even when you’re trying to help customers and keep service levels up, it’s worth checking the rules around minimum notice for shift changes to avoid complaints or underpayment risk.

Avoid Knee-Jerk Deductions Or “Punishments”

It can be tempting to “send a message” when absences cause disruption - for example, by cutting hours, cancelling future shifts, or withholding pay. But any changes to hours or pay need to be lawful and carefully handled.

For example, whether an employee is entitled to be paid can depend on why they were absent, whether they provided required evidence, and how they’re engaged (casual vs part-time vs full-time), as well as the relevant award or agreement. Some situations (like a lawful stand down) have specific legal rules and aren’t a substitute for disciplinary action.

As a general principle, you should be cautious about withholding pay unless you have a clear legal basis, and you’ve checked how the employee is engaged (casual vs part-time vs full-time) and what the award says.

If The Absence Is Frequent, Think “Patterns” Not “Assumptions”

Sometimes repeated absences are linked to a legitimate issue (for example, a medical condition, disability, family responsibilities, or mental health). Other times it may be a conduct or performance issue.

Rather than assuming, focus on:

• the facts (dates, reasons provided, evidence supplied)
• the impact on the business and team
• what you’ve communicated so far
• whether you’ve offered support or flexibility where reasonable

This sets you up for a fair and lawful next step if you need to move into a formal process.

Step 5: If There’s No Good Reason, Use A Fair Process (Not An Informal “Warning”)

If an employee is absent from work without approval, without evidence (where evidence is reasonably required), or without a reasonable explanation, you may be dealing with misconduct or a failure to follow lawful and reasonable directions.

Even then, the way you handle it matters. A rushed or inconsistent approach can increase the risk of disputes - including unfair dismissal claims (where the employee is eligible and you’re covered by the unfair dismissal regime) or general protections issues.

When To Move To A Formal Meeting

You may want to hold a formal discussion if:

• there are repeated unexplained absences
• the employee’s reasons don’t seem credible and no evidence is provided (where evidence is reasonably required)
• there is a pattern that is impacting operations or customer service
• they are not complying with your absence notification procedures

In that meeting, keep the focus on:

• what happened (specific dates and shifts)
• what your expectations are (policy/contract requirements)
• why the issue is serious (impact on the business and team)
• what the employee’s explanation is
• what needs to happen going forward

Use A “Show Cause” Approach For Serious Or Repeated Issues

For more serious matters (or repeated breaches), a written “show cause” process can help you act fairly and document that the employee had a chance to respond before you make a decision.

This is often handled through show cause letters, which should be tailored to the circumstances and consistent with any disciplinary procedures in the applicable award, agreement, or policy.

Be Careful If The Absence May Be Protected

Some absences are protected by law (for example, approved leave entitlements, temporary absence due to illness or injury in certain circumstances, and other workplace rights). There may also be discrimination risks if the absence relates to disability, pregnancy, or family or carer responsibilities.

This doesn’t mean you can never address attendance issues - but it does mean you should move carefully, focus on objective impacts, and consider getting legal advice before taking disciplinary action or ending employment.

Key Takeaways

• When an employee is absent from work, your first step is to identify the type of absence (approved leave, notified sick leave, no call/no show, repeated patterns, or extended absence) so you respond appropriately.
• Make contact early, keep communications professional, and document everything - good records make it easier to manage the situation fairly.
• Check leave entitlements and be consistent about evidence requirements, including when you request medical certificates or accept other forms of evidence (noting awards and enterprise agreements can set specific rules).
• Covering shifts and changing rosters needs to be handled carefully, especially around notice requirements and pay obligations.
• If there’s no reasonable explanation or it’s becoming a pattern, move to a fair and structured process (meetings, written expectations, and potentially a show cause letter) rather than informal “warnings”.
• If the absence may relate to illness, injury, disability, or other protected reasons, get advice before taking disciplinary action or termination steps.

If you’d like help managing a situation where an employee is absent from work - including reviewing your employment contracts, workplace policies, or a disciplinary process - you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.