HR Success has been receiving a significant number of questions relating to these issues. To be frank, the answers to some questions are clear, whereas the answers to some others are not.
The following represents the “state of play” as we understand it at the time of writing (23rd March). The content should be regarded as general information only, not legal advice, and is generally applicable to employees other than casuals. We don’t have a lot of space, but let’s at least cover some of the most common questions/issues:
One of our employees is required to self-isolate, are they entitled to paid Personal/Carers Leave?
The employee would only be entitled to paid Personal/Carers Leave if they are personally unwell or they are providing care or support to an immediate family member who is unwell (AND they satisfy requirements relating to provision of evidence etc.
That said, employers are being encouraged to be flexible where they can be in terms of, for example, work from home arrangements or offering the employee the opportunity to take annual leave that might be available to them. Otherwise, leave without pay would generally apply.
One of my employees is worried and just wants to stay at home as a precaution?
Again, they would only be entitled to paid Personal/Carers Leave if they are personally unwell or they are providing care or support to an immediate family member who is unwell. Ideally, you would work with the employee to consider options to work from home, allow them to access another form of leave, or allow them to take leave without pay.
An employee’s child’s school is shut down and they need to stay home to look after them
Carer's leave can be used to provide care or support to a member of the employee's immediate family or household who requires care or support because of an emergency affecting them.
An unexpected emergency would likely include where children are unexpectedly home from school because of a school closure. It should be noted that there is some inconsistency in the legal advice regarding this issue, with some advisors offering the view that personal/carers leave may not apply, or at least not for an extended period.
My business has been directed to close by the government
Where the business needs to close entirely as a result of a government direction AND there is no other way employees could be “usefully employed”, you may be able to stand them down for a temporary period without pay. It is suggested that you seek specific advice in this situation.
My business is allowed to continue to operate, but business is down significantly and I can’t keep everyone employed on current arrangements
Our understanding is that the stand down provisions under the Fair Work Act are not intended to be used as a means to temporarily shut down a business that is undergoing hardship.
In these cases, other options should be explored with employees, such as seeking their agreement to take accrued annual or long service leave entitlements, reduce their hours of work or take a period of leave without pay. If that is not possible or sufficient, redundancies may be the only option. Seek advice as required.
Greg Mitchel is principal at HR Success. These questions are but the tip of the iceberg. We have published several articles on matters relating to managing staff issues at this time, and we are publishing updates as necessary. Go to www.hrsuccess.com.au/eblog to access and sign up for further articles, and/or of course contact us if we can be of assistance – ph 1300 783 211 or support@hrsuccess.com.au
