Solution to the Invalidity Cases exercise - (this is Robert Eagleson's answer)

Part 3    Medical Fitness

Chapter 1    How to handle invalidity cases

1.1    Act quickly

A department must act quickly if the health of a staff member appears to be impairing his or her ability to perform duties. In particular a department should avoid situations where a staff member's paid sick leave credits run out before it decides to redeploy or retire him or her, and the staff members is left without salary or pension for a period. [The Common Rule on sick leave (Public Service Arbitrator's Determination No. 119 of 1951) provides that the maximum period allowable with pay for any continuous absence through illness is 52 weeks; but this period may be extended by up to 26 weeks if compensation leave or war service sick leave is granted.]

1.2    When should retirement begin?

A Permanent Head must not backdate a retirement date earlier that the one on which the Commonwealth Medical Officer certified that a staff member was unfit for duties. However in exceptional circumstances, for example where delays or faulty administration has disadvantaged the staff member, the Permanent Head may seek the agreement of the Board's local Regional Director to set an earlier retirement date.

 

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