There’s no set legal time limit on light duties in Australia. It comes down to three things: what your doctor certifies, how your recovery is tracking, and whether your employer has suitable work for you to do.
Work injuries add their own checkpoints. In NSW, for example, weekly payments are reviewed at 130 weeks and generally stop at 260 weeks unless your injury is assessed as severe.
This guide gives you more than the legal theory. You’ll find a timeline tracker, a self-check for spotting when things are going wrong, and copy-and-paste scripts for talking to HR and your manager.
Is There a Time Limit on Light Duties in Australia?
You can stay on light duties for as long as your treating doctor certifies work restrictions and your employer has suitable work available. If your condition becomes permanent, your employer may need to make reasonable adjustments under discrimination law. They aren’t required to create a role indefinitely, though, if you can’t do the core parts of the job.
Light duties aren’t a red flag. They’re a normal part of recovery. Safe Work Australia’s 2025 National Return to Work Survey found 43.7% of injured workers went back on fewer hours than before their injury, up from 38.9% in 2021. Around one in three also returned to duties that were slightly or completely different from their usual role.
What counts as light duties?
Light duties (often called suitable duties) are work you can do safely within your medical restrictions while you recover. They might be your usual job with some limits, different tasks, or fewer hours. Common examples include:
- phone or office-based work instead of manual handling
- shorter shifts or fewer days a week
- your usual role with limits, such as no lifting over 5kg or no ladders
- for a psychological injury, a different team, location or reporting line.
What decides how long you stay on light duties?
Four things decide how long you stay on light duties: how serious your injury is compared with what your job demands, what your doctor certifies at each review, whether your employer can offer suitable work, and the rules of your workers compensation scheme. A sprained wrist might mean a few weeks. A back injury in a manual role could mean months, or permanent changes.
Work injury or not? It changes the rules
If your injury or illness is work-related, you’re covered by your state or territory’s workers compensation scheme. In NSW, your employer has a legal obligation to provide suitable work, where reasonably practicable, when you’re able to return with restrictions. The insurer also has to help manage your recovery and return to work.
If it’s not work-related (for example, a sports injury or a non-work illness), WorkCover doesn’t apply. Your protections come from:
- the Fair Work Act 2009 (Cth), which covers paid personal leave and protects you from dismissal for a temporary absence due to illness or injury
- the Disability Discrimination Act 1992 (Cth) and state discrimination laws, which can require your employer to make reasonable adjustments
- your right to request flexible working arrangements if you have a disability.
In a non-work injury situation, light duties are usually something you negotiate rather than something your employer must offer. That makes clear, written communication even more important.
The WorkCover timeline tracker (NSW example)
Light duties have no separate end date, but workers compensation payments do. In NSW, weekly payments generally run for up to 260 weeks, with a major review at 130 weeks.
The table below maps the key checkpoints for a work injury claim in NSW.
| Milestone | What happens | What you should do |
|---|---|---|
| Injury reported | Your employer must notify their insurer within 48 hours of becoming aware of the injury. | Report it in writing and see your doctor for a certificate of capacity. |
| Weeks 1 to 13 | Weekly payments are generally paid at 95% of your average weekly pay before the injury. A recovery plan is set up with your employer and insurer. | Make sure your certificate lists specific restrictions. Agree on suitable duties in writing. |
| First 6 months | It’s an offence for your employer to dismiss you because you’re unfit for work due to the injury during this period. | Keep copies of every certificate and every email about your duties. |
| Weeks 14 to 130 | Payments usually step down to 80%, with a higher rate if you’re back at work 15 hours or more a week. | Review your duties with your employer whenever your certificate changes. |
| 130 weeks | Your work capacity is assessed. Payments generally continue only if you have no current work capacity, or you’re working at least 15 hours a week and meet the earnings requirements. | Get advice before this point if you’re unsure where you stand. |
| 260 weeks | Weekly payments generally stop, unless your whole person impairment is assessed at more than 20%. | Plan ahead financially and get advice about your options well before this date. |
Other states run different timeframes. Victoria has its own 130-week checkpoint, and employers there generally have to provide suitable or pre-injury employment for 52 weeks. Queensland’s weekly payments can run for up to five years. Always check the rules for the scheme that covers you.
What if you can’t go back to your old job?
If your restrictions become permanent, your employer should look at whether your role can be permanently changed or whether there’s another job you can do. If there’s genuinely no suitable role, your employment may eventually end, but your employer still needs a valid reason and a fair process. In NSW, dismissing you because of your work injury within the first six months is an offence. If you’re worried this is heading towards dismissal, get advice about your unfair dismissal rights early.
How to request and document light duties
- Get a detailed certificate. Ask your doctor for a certificate of capacity that lists exactly what you can and can’t do. “Light duties” on its own isn’t enough.
- Put your request in writing. Email HR or your manager using the script below, so there’s a clear record of what you asked for and when.
- Set a review date. Agree to check in every four weeks, or whenever your certificate changes, whichever comes first.
- Keep everything. Save certificates, emails and notes from meetings in one folder.
Try this now
- Write down your three most important medical restrictions (for example, “cannot lift more than 5kg” or “no more than four hours standing per shift”).
- Send the email below to HR today to start your paper trail.
Script: Requesting light duties
Subject: Request for suitable duties, [your name]
Hi [name],
Following my [injury/illness], my doctor has certified that I can return to work with the following restrictions:
- [restriction 1]
- [restriction 2]
- [restriction 3]
My certificate is attached and covers the period [start date] to [end date].
I’d like to discuss suitable duties within these restrictions. Could we meet this week to agree on a plan, and set a review date for four weeks from now?
Thanks,
[your name]
Common mistake: Handing in a doctor’s note that just says “light duties” without listing what you can and can’t do. A vague note gives your employer room to say there’s nothing suitable. A specific one makes it much harder to refuse without a genuine reason.
If your employer has responded by cutting your hours rather than finding suitable work, our guide on what to do when your employer reduces your hours explains your rights.
How to Tell if You’re Being Pushed Out While on Light Duties
Plenty of employers get light duties right. Some don’t.
What happens if there are no light duties?
If your employer says there are no light duties, that isn’t automatically the end of it. In NSW, employers must provide suitable work where reasonably practicable. That means genuinely looking at what you can do, including different tasks, hours or locations. If there’s truly nothing suitable, your weekly payments generally continue based on your certified capacity.
You’re not alone if your employer is struggling to find you suitable work. In Safe Work Australia’s 2025 National Return to Work Survey, fewer than half of injured workers (42.7%) agreed their employer had made an effort to find them suitable employment. Employers were surveyed too, and finding suitable duties was the number one barrier they reported (30.7%). A genuine struggle to find work is one thing. Refusing to look is another, and that’s where the checklist below comes in.
Can your employer force you back to full duties?
No. If your certificate of capacity doesn’t clear you for full duties, your employer can’t insist you do them. Being pushed to work outside your restrictions is one of the warning signs in the checklist below.
Quick self-check: are you being pushed out?
If something feels off, tick any that apply.
- ☐ Your core responsibilities have been permanently handed to someone else without discussion.
- ☐ You’ve been told “there are no light duties” without any real assessment of what you can do.
- ☐ You’re being micromanaged, or written up for minor issues, since your injury.
- ☐ Your request for sick leave or time off for appointments was met with a hostile written response.
- ☐ You’re being pressured to resign, or to return to full duties against medical advice.
What your answers mean: If you ticked two or more, it doesn’t automatically mean you have a legal claim. It does mean the risk is real, and you should start documenting everything now.
Treating someone badly because they’ve made a workers compensation claim, taken sick leave or have an injury can be unlawful. It may breach the general protections in the Fair Work Act. If the treatment becomes so bad you feel you have no choice but to resign, it may amount to constructive dismissal.
Your action plan:
- Move conversations into writing. After any verbal discussion, send a short email summarising what was said. Keep copies of your own emails, but don’t forward confidential company documents to a personal account, as that can create problems of its own.
- Start a diary. Write down what happened, who was there and what was said, on the day it happens. Notes made at the time carry far more weight than memories pieced together later.
- Get advice early. If you’re dismissed, you have just 21 days to lodge an unfair dismissal or general protections claim with the Fair Work Commission. It’s much easier to protect your position before that point than after it.
Your Rights While on Light Duties or WorkCover
You keep your rights on light duties or WorkCover. You can still resign, take a holiday or look after your own interests. What matters is that your actions line up with your medical restrictions and don’t get in the way of your recovery.
| Can I…? | What to know |
|---|---|
| Resign while on WorkCover? | Generally, yes. Your claim doesn’t automatically end, but check with the insurer how your weekly payments will be affected. See our guide on resigning and your unfair dismissal rights before you decide. |
| Go on holiday? | Usually, yes. Tell your insurer first and check with your doctor. Overseas travel can affect weekly payments, and missing treatment appointments can cause problems with your claim. |
| Refuse light duties? | Be careful. If the duties are suitable and within your certified restrictions, refusing them can affect your weekly payments. |
| Will I be paid less on light duties? | It depends on your scheme. In NSW, if you earn less on suitable duties, weekly payments generally make up part of the difference. Check with your insurer. |
Thinking about resigning because of how you’ve been treated? Stop and get advice before you resign, because resigning before you understand your options can weaken your position.
Taking Time Off While on Light Duties: Sick Leave Scripts
Under the Fair Work Act 2009 (Cth), your employer can’t dismiss you because you’re temporarily absent due to illness or injury. It usually applies if you give evidence, like a medical certificate. There’s also a time limit: generally three months off, or three months in total across a year. The maths can get technical, so get advice before you assume either way.
How to handle a longer absence:
- Notify your manager before your shift starts, by text or email, so there’s a record.
- State how long you expect to be away. You don’t need to describe your symptoms in detail.
- Provide your medical certificate as soon as you can, ideally within 24 hours.
Script: Flare-up while on light duties
Hi [name], my [injury/condition] has flared up and my doctor has advised me not to work until [date]. My updated certificate is attached. Once I’m back, I’d like to review my current duties to make sure they still fit my restrictions. Thanks, [your name]
Script: Short absence
Hi [name], I’m unwell and won’t be able to work today. I expect to be back on [date]. I’ll send through a medical certificate as soon as I have it. Thanks, [your name]
Script: Stress-related absence linked to a WorkCover claim
Hi [name], I’ve been certified unfit for work by my doctor from [date] to [date] in relation to my existing workers compensation claim (claim number [number]). My certificate is attached and I’ve also sent a copy to [insurer name]. I’ll keep you updated if anything changes. Thanks, [your name]
Self-check before you hit send:
- Did I keep it factual and brief?
- Did I state the dates clearly?
- Did I avoid over-explaining or apologising?
- Did I attach, or promise, a medical certificate?
If a return-to-work meeting is starting to feel more like a disciplinary meeting, you can ask to bring a support person with you.
Talk to a Specialist Employment Lawyer
Being injured or unwell at work is stressful enough without wondering whether your job is safe. At Fair Workplace Solutions, you speak directly with a specialist employment lawyer, not an HR adviser or a middleman. We’ll tell you where you stand and what to do next. In plain English.
Whether you need help negotiating suitable duties, responding to pressure from your employer, or understanding how a workers compensation claim fits with your employment rights, our team can help. We work with clients Australia-wide, and our team speaks English, Farsi, Dari, Hindi and Serbian.
Call Us Now! 1800 565 975 or Contact Us Today!
This article provides general information only and isn’t legal advice. Workers compensation rules differ between states and territories, and every situation is different. Get legal advice about your individual circumstances.