SEQ floods - practice assistance
AMA Queensland has been keeping up-to-date with the recent floods in South East Queensland, and we are mindful that your practice may be directly affected. We hope you and your staff are safe, and if there is anything we can do to support you, please reach out on (07) 3872 2222.
Whilst most practices have off-site back up and disaster management plans, we recommend you review your policies to understand what cover you have in place. Natural disasters, like floods, have implications for you, your business, patients, and staff. With an absence of provisions under the Health professionals and Support Services Award 2020 (HPSS) or Nurses Award 2020 regarding employees being unable to attend work due to an emergency or natural disaster, our Workplace Relations Team have put together an overview of issues you may encounter during days following the floods.
Workers' Compensation
An employee may still be covered by Workers Compensation for travel to and from work. Therefore, if there are environmental risks that may impact an employee’s travel, it is advised they do not attempt to commute to work. The onus is on the employer when directing staff to travel and it is important for you to review your workers compensations policy during this time. If employers can come into the workplace, take notice and care of any hazards and risks at the workplace, including floodwater, damaged electrical or computer systems, unsecure buildings or psychological stress.
Patient records
If your practice has been flood affected and your records have been damaged or destroyed, you should access your electronic back-up system. Many practices keep patient records in duplicate and retain both paper and electronic records. However, if the records were irretrievably damaged, and the information has not been electronically saved to stored-off-site, you should advise your patients and insurer.
Contact your medical defence organisation for any patient record related matters, or contact us for a referral to our corporate partners MDA National.
Temporary closure
During this time where you may not be able to access your practice, employers will have to consider available options for staff if you need to temporarily close due to this natural disaster. This could include offering for your staff to take accrued paid leave or you may have to stand down your employers for a period if closing. A working from home situation may be a good option to ensure the practice can still operate in some way. Before choosing whether to stand down staff, employers should consider all other options first and contact our Workplace Relations Team, on (07) 3872 2222 or workplacerelations@amaq.com.au, to ensure your circumstances meet the criteria under the Fair Work Act (FWA).
Stand down provisions in the Fair Work Act 2009
During emergency conditions, an employer may need to close the workplace due to limited or cut off access or where no useful work can be performed due to structural damage, power outages, or for safety precautions. Under Part 3-5 of the FWA, as a result of a stoppage of work, an employer may be able to stand down their staff if they cannot be usefully employed. This includes when their duties are unable to be performed at home. During a stand down, an employer does not have to pay their staff, however you may choose to if you wish.
If you are planning to stand down your staff under the FWA Part 3-5, it would be appropriate to notify employees in writing, including the date the stand down will commence, whether it will be paid or not and if this will affect any other employment entitlements. Where possible, an employer should try to update their workers on when they believe the stand down will end.
Our Workplace Relations Consultancy service can assist with the above, and we would highly recommend seeking assistance from our team prior to notifying staff of or implementing a stand down.
Employment leave and entitlements
Annual leave
Depending on the circumstances, you may wish to discuss with employees whether they would prefer to take a period of annual leave during a stand down. Similarly, this can be offered to them if they are unable to attend work due to road closures, etc. and the practice remains open.
If the employee is interested in taking annual leave, but they do not have enough annual leave to cover the applicable period, both the HPSS Award 2020 and Nurses Award 2020 allow employers and employees to agree on an employee taking annual leave in advance, where the award provisions on annual leave are followed.
Personal/Sick or Carer's Leave
Under the FWA, employees (other than casual employees) affected by a natural disaster or emergency may have an entitlement to take paid sick/carer’s leave. An employee can take accrued paid sick/carer’s leave if they are unfit for work due to an illness or injury or if they need to provide care or support to an immediate family or household member due to illness, injury or in the event of an emergency.
Whether an employee can take sick or carer’s leave when affected by natural disasters or emergencies depends on the circumstances. For example, if an employee is injured during a flood, they may be entitled to paid sick leave. An employee may also be entitled to take sick/carer’s leave to care for their child if, for example, their child’s childcare closed temporarily due to a natural disaster or another emergency.
If permanent employees have exhausted their paid personal/carer’s leave and are eligible for it, they can access up to two days' of unpaid careers leave. Casual employees may also be entitled to take unpaid carer’s leave.
Compassionate Leave
All employees are entitled to two days' of compassionate leave per occasion to spend time with a member of their immediate family or household who has sustained a life-threatening illness or injury. Permanent employees are entitled to be paid their base rate of pay for periods of compassionate leave. Additionally, casual employees are able to take unpaid compassionate leave.
Long Service Leave (LSL)
If your employees have experienced the devastating result of the South East Queensland floods, including losing homes, water damage or face the prospect of financial hardship, the option of taking long service leave (LSL) might be suitable for your employees who are eligible. Those eligible may also be able to apply for their LSL to be paid out on compassionate grounds through the Industrial Relations Commission.
Notice of leave
The standard notice and evidence requirements for personal/carers or compassionate leave will apply, in addition to any requirements in an employer’s leave policy.
Disaster relief and Community Service Leave
Employees may be requested to volunteer to assist the community with disaster relief activities through recognised emergency management bodies like the State Emergency Services (SES).
Under the National Employment Standards (NES), employees who are members of a recognised emergency management body are entitled to take unpaid community service leave for certain emergency management activities such as dealing with a natural disaster. To be eligible, an employee must be engaging in an activity that involves dealing with an emergency or natural disaster or be a member or have a member-like association with a recognised emergency management body.
An employee who wants to take a period of community service leave must tell their employer as soon as practicable, including their period or expected period of leave, and if required by their employer, provide reasonable evidence of the reason of leave.
Counselling
If you have questions relating to what to do with your practice after these events, or are finding it difficult to cope with the stress of damages, the 24-hour Doctors' Health in Queensland can help medical practitioners with over the phone, colleague-to-colleague confidential support. Contact them via phone on (07) 3833 4352.
Questions and where to find help
AMA Queensland members who have any questions in relation to the above information can contact the Workplace Relations Team on (07) 3872 2222 or wokrplacerelations@amaq.com.au.
The Australian Government provides organisations and individuals affected by these natural disasters with financial support. Services Australia has a webpage dedicated to the South East Queensland Floods, February 2022, where individuals can find different payments they may be eligible for and the process to make those claims. Services Australia South East Queensland floods
Services Australia’s Disaster Assistance phone line (180 22 66) is available to use for those who are unable to claim online from 1pm AEST, Monday 28 February.
Emergency Hardship Assistance Grant is eligible for all Queenslanders in target areas who have been impacted by the recent flood. Eligible locations are listed below.
Emergency Hardship Assistance Grant
| Brisbane | Moreton Bay |
| Gympie | Noosa |
| Ipswich | North Burnett (Dallarnil) |
| Lockyer Valley | Somerset |
| Logan |
Disclaimer: Whilst due care has been taken in preparing this information, no responsibility is accepted by AMA Queensland for the accuracy of the information contained in this article. Please note this information is not legal advice. All liability is expressly disclaimed for any loss or damage which may arise from any person acting on any statement or information contained herein.