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COVID-19 and Employee Leave options
Depending how the COVID-19 virus has impacted your workplace, there are various leave options and government financial support that should be explored, and in some cases are required to be provided to employees.
Under the Fair Work Act 2009 (FW Act), paid personal leave is available to all employees (other than casuals):
- if they are not fit for work because of personal illness or injury; or
- to care for or support a member of their immediate family or household who requires that care or support due to personal illness or injury or an unexpected emergency.
Employees are entitled to 10 days paid personal leave for each year of service.
The following scenarios provides some general guidance in relation to an employee’s leave options and whether the leave should be of paid or unpaid, in accordance with the FW Act.
| Scenario | Type of leave |
| Employee is sick |
|
| Employee is not sick but must care for an immediate family member, or a member of their household (this includes care responsibilities where schools may close) |
|
| Employee does not want to come to work due to risk of infection |
|
| Employee is not sick however is under mandatory quarantine or stuck overseas (e.g.- close contact with suspected case and is undergoing testing, or has recently taken an overseas trip) |
|
| Employee is not sick but is required by the employer to stay away from the workplace (e.g.- precautionary measures decided by employer) |
|
| Employer is required to temporarily close a workplace or a construction site due to:
|
Explore options to work remotely or from home;
An employee can only be stood down without pay if they cannot do useful work in limited circumstances such as a stoppage of work for which you can’t be held responsible (e.g.- severe and inclement weather or natural disasters). Enterprise agreements and employment contracts may have different rules about when you can stand down an employee without pay. Therefore employers need to check these agreements and contracts to determine if any alternative scenarios may apply. Further information regarding stand down. |
| Employer is contemplating redundancy due to impacts of COVID-19 |
|
Financial support for employees impacted by COVID-19
Employees can apply for the Pandemic Leave Disaster Payment through Services Australia if they have suffered a loss of income due to having to self-isolate or quarantine because of COVID-19 or they are caring for someone who has to self-isolate or quarantine due to COVID-19.
The Pandemic Leave Disaster payment will be determined based on the number of hours work the employee has lost or expects to lose during an isolation period of up to seven days:
- Employees who have lost or expect to lose 20 hours or more will be entitled to $750.
- Employees who have lost or expect to lose at least a day of work or up to 19 hours will be entitled to $450.
In order to be eligible, an employee must be required to self-isolate or quarantine for one of the following reasons:
- They have COVID-19.
- They are a close contact with a person who has COVID-19.
- They are caring for a child, 16 years or under, who has COVID-19.
- They care for a child for who is 16 years or under, and is a close contact with a person who has COVID-19.
- They are caring for someone who has COVID-19.
- They are caring for someone with disability or a severe medical condition who must self-isolate or quarantine because they’re a close contact of a person with COVID-19.
A close contact is someone your employee:
- Usually lives with who has tested positive with COVID-19.
- Has stayed in the same household for more than 4 hours with who has tested positive with COVID-19.
The employee must also:
- have no sick leave entitlements, including personal leave or leave to care for another person.
- have liquid assets of less than $10,000 on the first day of the period they are claiming for
- be at least 17 years old
- be an Australian resident or hold a visa that provides work rights
- live in Australia at the time of the claim and during the self-isolation, quarantine or caring period
- be unable to go to work and earn an income because they have to self-isolate, quarantine or care for someone who has to self-isolate or quarantine.