When They Don’t Show Up: Managing Employee Absence in 2026

Your most reliable employee hasn’t turned up. No call. No text. No explanation. What do you do next?

Managing employee absence – If you’ve ever sat at your desk watching the clock tick past 9 am, wondering whether to call the police, call their emergency contact, or call a lawyer, you already know that managing employee absence is one of the most stressful things a small business owner deals with. And in 2026, with absenteeism costing Australian businesses an estimated $33–$44 billion a year and averaging up to 14 days per employee by some measures, this isn’t a problem that’s going away.

Absenteeism isn’t just the occasional sickie. It’s a complex issue that touches Fair Work entitlements, modern award obligations, the National Employment Standards, the Disability Discrimination Act, work health and safety law, and — if you get it wrong — unfair dismissal, general protections, and discrimination claims.

This page is your starting point. It will help you understand the landscape and avoid the most common (and most expensive) mistakes. For the full playbook — including letter templates, scripts, decision trees, and the 10-step process — see our comprehensive guide Managing Absenteeism and Employee Turnover.

“Managing Employee Absence”  – Before You Google It (Or Ask ChatGPT)

We see this every single week. An employee doesn’t show up, the manager panics, and the first thing they do is type “what to do when an employee doesn’t come to work Australia” into Google — or worse, they ask ChatGPT to draft a termination letter.

Here’s why that approach is dangerous:

  • Google will serve you US content. Most top results are written for American HR managers operating under “at-will” employment. Australia has none of that. You cannot simply dismiss someone for failing to show up — even after several days — without following a defensible process.
  • ChatGPT doesn’t know your award, your contract, or your employee’s length of service. A general AI tool will confidently produce a “Notice of Abandonment of Employment” letter that sounds professional and even references the Fair Work Act. It can also miss the consultation clause in your modern award, skip the s387 procedural fairness requirements, confuse abandonment with redundancy, or quote legislation that’s been amended. The 2024 Closing Loopholes changes alone shifted significant ground on casuals, fixed-term contracts, and the right to disconnect — and most AI tools have not caught up.
  • Generic templates assume facts that may not apply to you. Is your employee a casual? Are they on a registered agreement? Have they previously raised a workplace grievance? Are they on WorkCover? Could there be an underlying mental health issue? Is there a domestic violence situation behind the absence? Each of these completely changes what you can — and cannot — do.

The cost of getting it wrong is real. Unfair dismissal compensation can be up to 26 weeks’ pay. General protection claims have no compensation cap. Discrimination claims can result in damages plus reinstatement orders. The filing fee for an employee to lodge a Fair Work claim is currently under $90 — defending one will cost you significantly more.

The rule of thumb

If your situation involves a real employee, real money, and real legal risk — don’t trust the answer to a chatbot or a generic blog. A 30-minute conversation with us is almost always cheaper than the alternative.

What Is Absenteeism, Really?

Absenteeism is more than just sick leave. It occurs when an employee:

  • Takes personal/carer’s leave when they’re not entitled to it
  • Takes personal/carer’s leave without meeting evidence and notice requirements
  • Is frequently late for work
  • Is absent due to long-term illness or injury
  • Doesn’t show up at all, with no contact (the “no-show”)

The first thing to understand is that legitimate, properly-notified absence is not a problem. Under the National Employment Standards, employees are entitled to:

  • 10 days paid personal/carer’s leave per year (full-time; pro rata for part-time)
  • 2 days unpaid carer’s leave per occasion (all employees, including casuals)
  • 2 days paid compassionate/bereavement leave per occurrence
  • 10 days paid family and domestic violence leave per year (all employees, including casuals)
  • 4 weeks paid annual leave (full-time; pro rata for part-time)
  • Public holidays as listed in the National Employment Standards

What you’re actually managing is the gap between legitimate, well-notified absence and unmanaged, unexplained, or pattern-based absence that disrupts your business. For a deeper dive on each entitlement, see our article on Understanding Annual Leave.

The “They Just Didn’t Show Up” Situation

This is the scenario that causes the most panic and creates the most legal exposure. Here’s the high-level framework — but please note this is just the framework. The detailed scripts, timelines, letter templates, and decision trees are in our Managing Absenteeism and Employee Turnover guide.

Day 1 — Don’t assume the worst.

Try to contact the employee. Phone first, then text, then email. Document every attempt. There are dozens of legitimate reasons someone might be unreachable for a few hours — medical emergencies, accidents, family crises, or domestic violence situations. Treating a vulnerable employee as having “walked out” before you’ve made reasonable contact attempts can land you in serious legal trouble.

Day 2 — Escalate contact in writing.

Send a written request asking for an explanation, and warning that if they do not respond by a specified date you may consider their employment to have been abandoned. The wording matters. The letter must align with their contract and any applicable award.

Day 3+ — Contact next of kin.

If you cannot reach the employee directly, attempt contact with their emergency contact or next of kin (which should be in their personnel file). Courts and tribunals take a strict view in favour of employees on the question of whether employment was abandoned — you must be able to show you took all reasonable steps.

Day 14+ — Only then consider abandonment.

If the employee has not responded and continues to be absent for around 14 days (depending on the relevant award or agreement), you may be entitled to treat them as having abandoned their employment. This is legally distinct from terminating them, and that distinction is what protects you from an unfair dismissal claim later.

At every stage, keep records. Save read receipts, send important letters by registered post, log every call, and keep a running timeline.

Critical warning: If you already know why the employee is absent (for example, they told you they were sick before disappearing), you cannot treat them as having abandoned employment unless you’ve also warned them in writing that their continued absence puts their employment at risk. This is one of the most common — and most expensive — mistakes we fix.

For the exact letters, timelines, and scripts to follow, see our Managing Absenteeism guide — or book a free 30-minute call and we’ll talk you through it.

Conversation Checklist: Talking to an Employee About Excessive Absence

Most absence issues never get to the abandonment point. They sit in the murky middle ground — the employee who’s always taking Mondays off, the one whose certificates conveniently appear after long weekends, the one whose lateness is becoming a clear pattern.

Here’s a manager’s checklist for handling that conversation. This is your starting framework — the full process, including the scripts and the warning letter templates, is in our guide.

Before the meeting
  • Pull together the attendance records — specific dates, durations, and any patterns
  • Re-read the employee’s contract and any applicable policy (leave, attendance, performance)
  • Confirm your attendance expectations are documented and the employee has reasonably been made aware of them
  • Book a private space — never have this conversation in front of other staff
  • Allow at least 30 minutes
  • If there’s any possibility this could lead to formal warnings or termination later, offer the right to bring a support person — in writing, in advance
  • Have a second manager or HR person present as a note-taker where possible
Opening the meeting
  • State the purpose clearly: “I’d like to talk about your attendance over the last [period]”
  • Frame from a position of care: “I’ve been concerned and I want to understand what’s going on”
  • Avoid emotional or accusatory openers — no “you’re letting the team down”
  • Do not make assumptions about cause before the employee has spoken
Exploring the situation
  • Use open questions: “How are things at the moment?” / “Is there anything going on we should know about?” / “What’s making it hard to be at work consistently?”
  • Listen actively — let the employee finish before responding
  • Be alert for disclosures of mental health issues, domestic violence, caring responsibilities, medical conditions, workplace conflict, bullying, or harassment. Each of these changes your obligations
  • Do not ask intrusive questions about specific medical diagnoses. You’re entitled to information about fitness for work, not the underlying condition
Walking through the pattern
  • Present the dates and durations factually — no editorial language
  • Describe the impact on the business, team, or customers in specific terms
  • Restate the attendance expectation — not as a threat, but as a clear standard
Discussing support and adjustments
  • Ask: “What would help?”
  • Consider: flexible work arrangements, temporary changes to hours, EAP referral, return-to-work program, reasonable adjustments where applicable
  • Be aware that an employee can legally request flexible working arrangements — and you can only refuse on reasonable business grounds
Closing
  • Summarise what was discussed
  • Agree on a clear action plan with a review date (typically 4–8 weeks out)
  • Confirm next steps in writing within 24 hours
  • File a copy of your notes
  • Set a calendar reminder for the review meeting

When to stop and call us

If the employee discloses a mental health issue, an injury, a workplace grievance, a domestic violence situation, or anything else that changes the nature of the conversation — do not improvise. Pause the meeting, agree to reconvene, and get advice before the next conversation. One wrong word in this situation can be the difference between a successful return-to-work plan and a general protections claim.

For the full conversation scripts, follow-up letter templates, and disciplinary pathway, see our Managing Absenteeism and Employee Turnover guide — or for live support through a real situation, book a free call.

Frequently Asked Questions

What does AWOL mean in an Australian workplace?

AWOL (“absent without leave”) is a colloquial term — it has no formal definition under the Fair Work Act. Australian employers typically use it to describe an employee who has failed to attend work without notice or explanation. The relevant legal concept is “abandonment of employment,” which has a much higher evidentiary bar than just being AWOL.

How long does an employee have to be absent before it counts as abandonment of employment?

There is no single statutory answer. Most awards and best practice point to around 14 days of continued, unexplained absence — after you’ve made reasonable attempts to contact the employee. Some industrial instruments specify a shorter or longer period. Always check the applicable modern award or registered agreement before treating someone as having abandoned their employment.

Can I dismiss an employee for not turning up to work?

Not without following a defensible process. Even after 14 days of absence you must be able to demonstrate that you took all reasonable steps to contact the employee and gave them an opportunity to respond. Treating someone as having abandoned employment is not the same as terminating them — and that legal distinction is what protects you from an unfair dismissal claim. See also our article on How to Protect Yourself from Unfair Dismissal Claims.

Can I refuse to pay an employee who didn’t come to work?

You do not have to pay an employee for time they did not work, or for which they had no leave entitlement. However, do not deduct from leave balances they have not agreed to use. Always document the decision and put it in writing.

What if the employee has personal leave but didn’t notify us?

Employees are required to notify you “as soon as reasonably practicable” — that doesn’t necessarily mean before their shift starts, but it does mean as soon as they reasonably can. Failure to notify is a separate matter from being unfit for work, and may justify a disciplinary process even if the underlying illness was genuine.

Can I ask for a medical certificate?

Yes — for any absence on personal/carer’s leave, you can request reasonable evidence (a medical certificate or statutory declaration). However, requiring a certificate for every single one-day absence may be considered unreasonable. Many small businesses set the threshold at single-day absences adjoining a weekend or public holiday, or any absence longer than one day. Your policy should make the rule clear in advance.

What about an employee with a drinking or drug problem who is frequently absent?

This is a complex area. Substance dependency may be treated as a disability under anti-discrimination law, which means you cannot simply discipline your way out of the situation. You should seek medical opinion on the employee’s fitness to perform the inherent requirements of their role, and get expert advice before taking any action.

What if I think the employee is faking it?

You need evidence, not suspicion. If you genuinely believe an employee has misled you about the reason for their absence — for example, they post photos at a sporting event during a claimed sick day — you may be able to take disciplinary action for misconduct. But the process matters. Investigate, interview, allow them to respond, and document everything before deciding on consequences. Acting on a hunch is the single fastest way to end up in front of the Fair Work Commission.

Should I just use a termination letter template I found online?

Please don’t. We see businesses every month that have used a US-sourced template or an AI-generated letter and ended up in Fair Work Commission proceedings as a direct result. Your industrial instrument, your contract, and your specific circumstances determine what’s legally compliant. Our HR Support Packages start at $295+GST per month — significantly less than defending a single unfair dismissal claim.

When To Call Us

Pick up the phone before you act if:

  • An employee has not shown up and you’re considering treating it as abandonment
  • An employee’s absence is becoming a pattern and you need to start a formal conversation
  • You’re about to issue a warning or have a difficult discussion
  • An employee has disclosed mental health, injury, illness, domestic violence, or workplace conflict
  • You’re considering termination of any kind
  • You’ve already sent a letter or had a conversation and you’re not sure if you’ve done it right

We offer a free 30-minute discovery call — no obligation, no script, no sales pressure. Just real advice from a 20+ year HR and ER expert who has walked businesses through every version of this scenario, including during the GFC, COVID, and the current cost-of-living squeeze.

BOOK YOUR FREE CALL →

Or, if you’d rather have the full playbook in your hands ready for the next time it happens:

GET THE MANAGING ABSENTEEISM AND EMPLOYEE TURNOVER GUIDE — $97 →

The guide includes letter templates, conversation scripts, the full 10-step disciplinary process, return-to-work frameworks, presenteeism management, and the abandonment-of-employment workflow — everything you need to handle absence the right way the first time.

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