Your rights and responsibilities

There are certain rights and workplace protections you're entitled to when organising time off or a change to the way you usually work with your employer.

Privacy

You may not want to tell your employer about your injury if it is not obvious or noticeable.

If you do tell them, but would like it kept private, your employer can't share that information without your consent.

However, you must tell your employer if your injury affects your ability to do your job, or if it will cause health and safety issues for others.

Job security

If you have a work-related injury your employer is not allowed to dismiss you within 6 months of being deemed unfit for work.

This right is protected under the NSW Workers Compensation Act.

When taking sick leave

If you take sick leave while recovering from an injury that is not work related, your job is protected if you've:

  • been away less than 3 months in a row (or less than 3 months over a 12-month period)
  • taken paid or unpaid leave, or a combination of both
  • provided proof of your injury, such as a medical certificate

However, you may not be protected if you've taken more than 3 months off work, even with proof of your injury.