Your rights when you return to work after illness or injury
Being offered suitable work
When you return to work, your employer should provide you with employment that’s within your capacity to complete.
If your previous role doesn’t exist or isn’t available, they may offer you a new job or role.
You can also consider changing careers or retraining. Find out about suitable employment and return to work options on the Comcare website.
Managing ongoing illness
As you return to work, you may still have ongoing illness. Your employer can support you to make reasonable adjustments. These might include:
- more breaks
- reduced or flexible working hours, including working from home
- changes to your workspace
- additional tools like headsets or screen reading software.
You’re entitled to sick leave, both paid and unpaid. This will depend on your employment type.
You can’t be dismissed if you’ve taken paid sick leave. If you’ve taken more than 3 months of both paid and unpaid leave, you should speak with your employer and your health care provider.
Find out about talking to your employer about ongoing illness on the healthdirect website.
Managing your payments
If you get a payment from Services Australia, you need to tell them when you return to work. If you don’t, you may be over paid and need to pay it back.
Find out more about how to manage your payments when you return to work.
If you get Disability Support Pension (DSP)
You may still be able to get Disability Support Pension (DSP) when you return to work.
Find out who can get it on the Services Australia website.
You can also find out about what other payments you can get if you can’t get DSP on the Services Australia website.
Information for your state or territory
Find information about your workplace rights for your state or territory. These links will take you away from myGov.
| State or territory | Return to work program |
|---|---|
| ACT | Workplace rights and responsibilities |
| NSW | Your rights and entitlements |
| Qld | Your entitlements |
| Vic | Legal obligations when returning to work |
| SA | Employer rights and obligations |
| NT | Worker rights |
| WA | Understanding your rights |
| TAS | Return to work conditions |