Leave entitlements for staff self-isolating
Where staff are required to self-isolate due to a government directive, it’s important that you are able to answer their questions around leave entitlements. The different types of leave in conjunction with the relevant awards; Health Professional and Support Service Employees (HPSS) Award 2020, Nurses Award 2020 and The National Employment Standards (NES), are outlined below.
HPSS and Nurses Award
Schedule X – Additional measures during the COVID-19 pandemic
In both the HPSS and Nurses Award, Clause 2.1 of this schedule outlines the unpaid pandemic leave entitlements for employees classified under these Awards. It states, “… any employee is entitled to take up to two weeks unpaid leave if the employee is required by government or medical authorities or on the advice of a medical practitioner to self-isolate … consequently, prevented from working by measures taken by government or medical authorities …”
This type of leave is available to all types of employees in full, and allows employees to be absent from work, without having to use their accrued Annual Leave or paid sick/carer’s leave.
Schedule X – Clause 2.2 Annual Leave at half pay
Another option for an employee in the instance of being paid while self-isolating, is taking annual leave at half pay. This means that, instead of taking paid Annual Leave on full payment, the employee and their employer may agree to the effected individual taking twice as much leave on half the pay.
This clause only applies to permanent part-time and full-time employees.
The National Employment Standards (NES)
Personal/Carer’s Leave
Paid personal/carer’s leave is only available to permanent employees if they are not fit for work because of a personal illness, or personal injury, affecting the employee. Or they are taking care of or providing support to an immediate family member or someone in their household for the same reasons outlined above.
For each year of service with an employer (other than if they were a casual during their employment) an employee is entitled to 10 days of paid personal/carer’s leave.
Paid Annual Leave
This type of leave, again, is only available to permanent employees. The NES states that for each year of service with an employer (other than if they were a casual during their employment) an employee is entitled to 4 weeks of paid leave, 5 weeks for shift workers.
Insufficient amount of hours accrued
In the instance of one of your workers not having enough hours of leave built up, an employee, upon discussion with their employer and with an agreement in writing, may be able to use Annual Leave in advance of its accrual if they have not yet built up enough hours during their employment. This can be found under HPSS Award (Clause 26.4) and the Nurses Award (Clause 22.11).
For all of these options it is mandatory for an employee to give evidence to their employer that would satisfy a "reasonable person" why the leave is being taken. For employees isolating because they have COVID-19, or are caring for someone with COVID-19, that would be evidence of positive diagnosis by way of a Rapid Antigen Test (RAT) or Polymerase Chain Reaction (PCR) test. A medical certificate would also be acceptable evidence, particularly if a person is unwell and are unable to get tested or are awaiting test results.
Another option that may be available for employees is government-funded leave.
Government-funded leave
There is a pandemic leave disaster payment provided by Services Australia which you may wish to pass on information about to your staff who may be eligible. Though, it is their responsibility to apply.
More Information
Pandemic Leave Disaster Payment – Queensland, replaces the previous Queensland Hardship Payment.
People who are eligible for this payment are those who are unable to work and earn income because they or someone they are caring for has to self-isolate or quarantine due to COVID-19. From 10 January 2022, RAT and PCR results will be accepted, with conditions outlined on the Services Australia website.
Please contact us if you have any questions regarding the different types of leave entitlements under the Awards on (07) 3872 2222 or email, workplacerelations@amaq.com.au.