Pandemic Leave under the Modern Awards
What is it?
Pandemic leave is payable where an employee is required by government (e.g. a quarantine direction from the Queensland Government Department of Health) or medical authorities or on the advice of a medical practitioner, to self-isolate and is consequently prevented from working or is prevented from working by measures taken by government or medical authorities in response to the COVID-19 pandemic.
What options are available to employers?
1. An employee has the following options:
- An employer and employee can agree to the employee taking annual leave at half pay for twice the period. For example, if an employee has one week or more of annual leave accrued, the employee could take the equivalent of one week of annual leave at full pay for two weeks at half pay (it must include annual leave loading).
- An employee has a workplace right to take this. We recommend practices accommodate such requests.
2. Employees can take up to two weeks’ unpaid leave or longer by agreement between employer and employee.
- This leave is conditional upon the employee having been required by government or medical authorities or on the advice of a medical practitioner, to self-isolate and is thus prevented from working or by measures taken by government or medical authorities in response to the COVID-19 pandemic
- Practices can require staff members to:
- give notice of the leave;
- the reason for taking the leave as soon as practicable (this may be after the leave has started);
- give evidence that would satisfy a reasonable person the leave is taken for a reason given (e.g. a quarantine direction); and
- for payroll purposes, the leave will be counted as continuous service.
An employee has a workplace right to take this leave. We recommend practices accommodate such requests.
3. If an employee does not elect to take annual leave at half pay, than an employer and an employee can agree to the employee taking their annual leave.
More information on Schedule X - Additional Measures During the COVID-19 Pandemic for: