Q&A guide · 7 min read

Return-to-work interview questions: what you can and can't ask.

A return-to-work conversation supports the person and protects the team. The wording matters. Ask about fitness for the role and support. Stay away from diagnosis. Here are the questions to use and the lines to hold.

Last updated June 2026. General information, not legal advice.

One principle. You are entitled to know whether someone is fit to do the job safely and what support helps. You are not entitled to a diagnosis. Keep every question on fitness, safety, and support, and you stay on the right side of privacy and discrimination law.

Questions you can ask

Use these word for word. They open a supportive conversation and produce useful answers.

"How are you doing now you're back? No need to share details if you'd rather not."

Opens with care, sets a non-disciplinary tone.

"Are you back at full capacity, or are there things we should be mindful of this week?"

Confirms fitness for the role without asking for a medical reason.

"Is there anything about the role, hours, or environment we should adjust to help you?"

Offers reasonable adjustments and surfaces fixable causes.

"Do you need any support from us, or time for a follow-up appointment?"

Signals support and helps the person plan recovery around work.

Questions to avoid

These cross into private medical territory or invite a discrimination claim. Leave them out.

"What exactly is wrong with you?"

You are not entitled to a diagnosis. Fitness for work is the only health question you need answered.

"Is this going to keep happening?"

Sounds accusatory and presumes bad faith. Ask about support and patterns instead.

"Are you pregnant / planning a family / on medication?"

Tied to protected attributes. Questions like these invite a discrimination complaint.

"Can you prove you were sick?"

Handle evidence through your written sick-leave policy, not an interrogation in the meeting.

The legal guardrails

Privacy. Health information is sensitive under the Privacy Act 1988. Collect only what you need to manage fitness and safety, and keep notes restricted.
Discrimination. Do not let an absence linked to a disability, illness, pregnancy, or caring role count against the person. Focus on the inherent requirements of the role.
Reasonable adjustments. When someone needs support to do the job, consider practical, time-boxed changes before anything else.
Document the outcome, not the diagnosis. Record the adjustments agreed and the follow-up date. Keep medical detail out of shared notes.

Want the full conversation structure? Use the 7-step return-to-work guide. For the dismissal question, read can you fire someone for too many sick days.

Never miss the follow-up conversation.

Absence surfaces every pending return-to-work conversation on the dashboard and stores the outcome with sensitive notes masked. Free for teams of 5.

Start free → Get the 7-step return-to-work guide →

Sources and notes

Fair Work Ombudsman guidance on managing illness and injury, and the focus on the inherent requirements of the role.
Privacy Act 1988 and the Australian Privacy Principles on collecting and holding sensitive health information.
Safe Work Australia and occupational-health research on structured return-to-work conversations and repeat absence.

General information only, current as at June 2026, and not a substitute for legal advice. For complex cases, suspected workers' compensation, or disability accommodations, contact the Fair Work Ombudsman on 13 13 94 or a qualified employment lawyer.