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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I am a contracted sales manager with a Nsw medical sales

Customer Question

I am a contracted sales manager with a Nsw medical sales company. Six weeks ago I had s sudden onset of severe back / leg pain, with severely restricted mobility of my left leg. I was subsequently diagnosed with a lesion on my femoral leg & neuritis in my femoral nerve plexus. This causes me constant pain & loss of strength in my left leg which has affected my mobility.
My question is regarding my employee rights. My employer wants me to return to work on November 30th by which time I will have had 40 days of leave, all of which I have been able to accomodate using 7 days SL & an accumulated 33 days AL.
I am not confident that I will be physically fit to return on that date & have offered to take unpaid leave but been told that the client for whom we work wants a manager in place by then.
My question is what are my rights with regard to maintaining my position in the organisation? I would appreciate any advice you could provide. My email address is***@******.***
Many thanks
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Was it caused as a result of your work?

Customer: replied 1 year ago.
No it wasn't caused by work. The doctors are unsure as to why there is inflammation of the nerve.
Expert:  Leon replied 1 year ago.

Good Evening

What does your doctor say about you being able to go back to work, have they set a date?

Customer: replied 1 year ago.
No they can't as they don't have a timescale for recovery. The next specialist appointment is the 9th December.
Expert:  Leon replied 1 year ago.

You have to get a medical certificate to have the time off and your employer has to agree to leave without pay.

They are not obligated to hold your job open and after a period of time they can deem you have abandoned the job if you cannot come back

http://workplaceinfo.com.au/termination/abandonment-of-employment

If they cannot give you time off without pay and you cannot do the job they have a right to let you go.

Customer: replied 1 year ago.
if we got the doctors to give an indication of when I can return to work would that be helpful with my position as I would still be off sick.
Expert:  Leon replied 1 year ago.

Good Evening

Then they haver to work with you. Termination because of a medical condition can be discrimination.

But if it is for an extended period then they can terminate you. The link I gave you explains how abandonment works.

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