Return to work after injury: A guide for retail employers managing frontline roles

Do you have employees who have been off work and are now preparing to return? Are you managing the return and feeling overwhelmed, particularly where a frontline role has limited suitable duties? You’re not alone.

Preparing for a return to work can be straightforward when a consistent, fair and well-documented approach is applied. This article is designed to guide employers through that process.

Employer responsibilities

Whether an employee has sustained an injury at work or outside of work, an employer should always request a current Certificate of Capacity or Suitable Duties Certificate from the employee’s treating doctor or specialist. This is critical to understanding how the employee can be safely supported while meeting business needs. The medical recommendation should be based on the employee’s actual role and duties, with the injury or condition clearly considered. A practical way to support this process is for the employer to provide the doctor with a list of the employee’s day-to-day duties for review, adjustment, or approval.

Where suitable duties are identified, employers have an obligation to accommodate those restrictions reasonably. This may include reduced hours, modified duties, lighter workloads or alternative tasks where available. These obligations are reinforced by work health and safety legislation, which requires employers to provide a safe system of work, and by the Fair Work Act 2009, which supports genuine attempts to facilitate a return to work.

What if suitable duties can’t be offered in line with the medical restrictions?

If an employer is unable to meet all or some of the medical restrictions, the employee should be allowed to return to their treating doctor with a clear outline of what duties or modifications can realistically be offered as a minimum. The discussion about next steps should then occur between the employee and their doctor.

This approach demonstrates that the employer has acted reasonably and in good faith, which is important if decisions are later scrutinised.

What leave is applied?

If suitable duties can’t be provided and the injury or condition is not work-related, workers’ compensation doesn’t apply. In these circumstances, as best practice, the employer should allow the employee to access their accrued personal leave first. Subject to agreement and employer discretion, accrued annual leave may also be used.

Once paid leave entitlements are exhausted, the employee may be placed on unpaid leave. Clear communication and documentation are essential at this stage to avoid misunderstandings.

When suitable duties can be accommodated

When suitable duties are available and can be safely followed, both the employer and employee share responsibility for ensuring restrictions are never breached. Employers should take proactive steps, such as adjusting rosters, allocating additional staff, or redesigning tasks, to prevent employees from exceeding their certified limitations.

A strong return-to-work framework, supported by supervisors and clear expectations, reduces the risk of re-injury or exacerbation and supports compliance with work health and safety obligations.

What if I don’t think the Employee is fit to be at work, or the Doctor isn’t providing a clear timeframe for return?

If a doctor or specialist has cleared an employee to return to work, the employer should generally allow the return to proceed. However, if there are genuine and serious concerns about the employee’s safety or capacity, the employer may, at its own expense, direct the employee to attend an independent medical examination with a specialist of its choosing.

The employer should obtain the employee’s written consent to liaise with the examining specialist. This process must be reasonable and not used as a disciplinary measure. The same approach may apply where the treating practitioner is unable to provide a clear timeframe for return.

What if my Employee has been absent for an extended period and the role needs to be filled?

Where an extended absence is placing pressure on the business, employers do have options:

• Engaging a replacement employee on a maximum-term contract aligned to the anticipated period of absence.
• If an employee has been on unpaid leave for an extended period, generally around three months or more, the employer may explore a potential ‘capability dismissal’, provided reasonable adjustments and support have been offered and documented. Advice should always be sought before contemplating termination.
• If the employee is on workers’ compensation, additional protections apply. The employer must ensure the employee is outside the applicable protected period under the relevant state or territory workers’ compensation legislation before taking further action.

Read more about workers’ compensation protected periods and dismissal risk in Managing ill and injured employees.

Each situation must be assessed individually, and employers should be mindful of obligations under the Fair Work Act 2009, state-based workers’ compensation laws, and anti-discrimination legislation to ensure decisions are lawful and defensible.

Proactive measures

Employee injuries are inevitable. That said, there are proactive measures businesses can put in place to ensure return-to-work processes are as smooth and efficient as possible when injuries do occur:

• Having a clear return-to-work plan in place, with modified and suitable duties for injured employees.
• Appointing or training a dedicated return-to-work coordinator to manage communication, documentation and rehabilitation planning.
• Ensuring leaders understand what steps to take when an employee is injured at work, including incident reporting, early medical intervention and compliance with work health and safety obligations.
• Regularly reviewing WHS policies, procedures and risk controls to confirm they remain current and effective.

When these foundations are in place, employers are better positioned to respond quickly, support their employees appropriately and meet their legal obligations, while minimising disruption to the business.

How Citation HR can help

At Citation Group, we work with businesses across Australia to provide expert HR support, employment law advice, compliance management, and industry-leading HR software. Our team knows Australian employment law, understands the industries we work in, and is available when situations require it, not just during business hours.

Get in touch with our team for a confidential conversation.

About our author

Jake Hedges – HR Compliance Consultant