Part 3: Medical absence from duty

This Part provides a member with paid time away from duty when they are unfit for health reasons. For a member on continuous service, this time away from duty is a type of leave.

This Part applies to the following members.

1. A member of the Permanent Forces.

2. A member of the Reserves on a period of continuous full-time service.

3. Subject to the conditions in section 3.2.13, a member of the Reserves who is unable to work due to an illness or injury arising out of their Reserve duty may be provided with benefits in accordance with section 5.3.5.

_{Note: A Reservist not on a period of continuous full-time service can access the arrangements in this Part only if they meet the additional conditions for eligibility in section 3.2.13. In some cases, the Reservist may be eligible for payment under section 3.2.13.}

This Part does not apply to a member who meets any of the following.

1. They are on a form of unpaid leave.
2. They are on a flexible service determination during their nonworking period.

A member must use the approved form to apply for leave to be absent from duty under this Part unless the supervisor is satisfied the member is unable to apply for leave on the approved form due to their illness or injury.

1. For the purpose of this section, a supervisor must be at one of these ranks or higher.
   
   1. Warrant Officer Class 2.
   2. APS 4.
2. A member may apply to take a day of leave to be absent from duty as a medical absence without providing a medical certificate for that day, if they provide a statement that they are unfit to work on that day for health reasons.
3. A supervisor may grant a day of medical absence under this section to the member on a day-to-day basis for a maximum of three consecutive days, for a period of illness or injury.
   _{Note: Each day must be granted separately by the supervisor. An aggregated period of several days of medical absence can only be granted under section 5.3.5.}
4. In relation to the decision under subsection 3, the supervisor may take any of the following actions.
   
   1. The supervisor may make the decision without the advice of an authorised health professional.
   2. The supervisor may seek advice from an authorised health professional before making the decision.
      _{Note: Personal or health information directly related to the member must not to be provided without the consent of the member.}
   3. The supervisor may at any time direct the member to seek assessment by a health professional, in relation to the reason for the leave.
      _{Note 1: If medical absence is granted under this section, the direction is to be taken as a condition on the grant of the medical absence.
      Note 2: If medical absence is refused under this section, the direction ensures that the member seeks prompt advice from a health professional, who may recommend a medical absence for the purpose of section 5.3.5.}

4. The supervisor may decide not to approve the leave.

5. If the member is being treated under a crisis management plan, the supervisor must only approve leave as recommended by a health professional under section 5.3.5.

1. A supervisor may approve a member's application to be absent from duty for a period of one day or more, having regard to all of the following circumstances.

   1. The period of leave that the member has applied for.

   2. Any recommendation of a health professional. This could include recommendations as to the member's care, remaining in a health facility or undertaking follow-up treatment. The supervisor may make the grant of leave conditional on these recommendations being followed.

3. Any other relevant matter.
4. The supervisor may direct the member to seek further assessment by a Defence health professional, in relation to the reason for the leave. The direction may be given at any time in relation to the grant of medical absence.
5. Up to three days of absence can be recommended by a health professional who does not provide services for Defence. If the application relates to an absence of more than 3 days, then the recommendation of a Defence health professional is required to support the application.
   _{Note 1: Regulation 35 of the Work Health and Safety Regulations 2011 requires Defence to identify risks and hazards and to eliminate or minimise any risks to health and safety.
   Note 2: A Defence member may provide written consent for health information to be released to specific individuals in their chain of command. 
   Note 3: If the member's consent is not provided, then information can only be disclosed in accordance with the exemptions to the Privacy Act 1988.}

1. If a health professional has recommended that a member is unfit for duty, the supervisor may only refuse to grant the member a medical absence for the period of unfitness in any of the following circumstances.
   
   1. There are alternate duties available that a health professional has confirmed that the member is fit to perform.

2. There are no alternate duties that the member is fit to perform and the supervisor has performed a written risk assessment setting out how the risks related to the member's attending for duty can be eliminated or minimised, having regard to all of the following.

   1. The risk to the health of the member.
   2. The risk to any other people.
   3. The risk to operational requirements of the mission for which the member is performing duty.
   4. Any relevant requirement to provide medical or dental treatment to the member.

   _{Note: The risk assessment in paragraph 1.b would require operational imperatives to be weighed against any adverse outcomes to the member or other members resulting from the sick or injured member continuing to work, rather than being placed on medical absence.}

2. A risk assessment made under paragraph 1.b must document all the following matters.
   
   1. The reasons the recommendation for leave was made.
   2. Any risks to health and safety that may foreseeably arise if the leave is not granted as recommended.
   3. The work-related activities that may involve an increased risk to health and safety in relation to each of subparagraphs 1.b.i to 1.b.iv.
   4. Consultation between the supervisor and the health professional who has recommended the member's leave, or with a Defence medical officer.
3. A copy of a risk assessment made under paragraph 1.b must be provided to the supervisor's Commanding Officer as soon as practicable after it has been made.

A supervisor may grant a period of leave under section 5.3.4 or section 5.3.5 for a member who has not made a formal application, if all of the following are met.

1. The supervisor has regard to any statement from the member, a person who is responsible to care for the member while they are unfit for duty, or a health professional.
   _{Note: An absence of more than three days should only be approved with the recommendation of a Defence health professional.}
2. The supervisor is satisfied that the member is unable to formally apply for leave to be absent under this Part within a reasonable period due to their unfitness for duty.

1. Any salary, allowance or benefit for which a member was eligible for immediately before a medical absence may continue to be paid during the medical absence as long as the member continues to meet conditions required for eligibility, other than attending for duty.

2. To avoid doubt, if the rates of a benefit or contribution that the member is eligible for while on a medical absence change, that change applies in relation to the member.

3. A member may cease to be eligible for an allowance or benefit during a period of medical absence if they cease to meet a condition required for eligibility, other than attending for duty.

4. A member's medical absence is conditional on the member only engaging in paid work outside the ADF (as an employee, under a contract or otherwise) if that external work is part of an ADF-approved convalescence or career transition activity.

5. An absence ceases to be a medical absence if the condition in subsection 4 is not met by the member. No salary or allowances are payable under this Part for the absence and the absence may be an absence without leave.

1. A member who could reasonably apply for a medical absence because they are unfit for duty must apply for that type of leave and not another form of leave.
2. A member who is being actively managed on a crisis management plan may access leave under this Part only and must not be required to access their recreation leave or other accrued leave credit while the crisis continues.
3. A member may apply for a medical absence if they become unfit for duty while on a period of recreation leave or long service leave.
   _{Note: Sections 5.4.35 and 5.5.12 provide that a member who has been approved a medical absence while on recreation leave or long service leave will be re-credited their leave if the specific criteria are met.}

Travel costs may be provided in the following circumstances, to assist with medical needs.

1. If a member must travel to an appointment relating to a medical or dental condition for which treatment is provided under section 61 of the Defence Regulations, they may be eligible for their travel costs.
   _{Note: The costs are payable as if the trip was duty travel and any means of travel recommended by a health professional were the most economical means of travel.}

2. If a member leaves hospital to recover or waits to return to hospital, they may be provided with travel costs under section 9.2.25 if a Defence health professional considers that the travel is necessary to assist the member's recovery.

3. The CDF may approve other travel costs if satisfied that the senior medical advisor in the member's region recommends the travel as in the best interests of the member's recovery.