Attention - What leave can employees take for COVID-19?
An issue for many who have recently contracted COVID-19 or are a “close contact” is what, if any, leave they are entitled to from their workplace during the isolation period.
As an employee, you are able to access accrued leave entitlements under your applicable award, enterprise agreement, employment contract, workplace policy and under the National Employment Standards.
If you are a full-time and part-time employee you can take paid sick leave if unable to work due to being sick with COVID-19. If you have no sick leave left, you can arrange with your employer to take some other type of paid leave (such as annual leave) or unpaid leave (such as unpaid sick leave) for the period.
Additionally, to help manage the impacts of COVID-19, the Fair Work Commission have extended the unpaid pandemic leave until 30 June, 2022. This allows employees, who are covered by any of the affected awards, to access up to 2 weeks unpaid pandemic leave due to a government or medical authority taking measures in response to the pandemic or requiring self-isolation. This can be taken before accessing paid leave and is available for full time, part-time and casual employees. For more information and to see if it applies to you please visit: https://coronavirus.fairwork.gov.au/coronavirus-and-australian-workplace-laws/changes-to-workplace-laws-during-coronavirus/unpaid-pandemic-leave-annual-leave-changes-in-awards.
The Australian Government have also introduced the Pandemic Leave Disaster Payment. This is available to eligible workers who don’t have appropriate leave entitlements and can’t earn an income due to being directed by either QLD Health or a person employed by a state or regional department of health to self-isolate/quarantine due to a positive COVID-19 case or are caring for someone with a positive COVID-19 case. As of 10 January, 2022 this has been extended to apply where a person returns a positive Rapid Antigen Test (RAT), in addition to PCR test results. A person may be entitled to a lump sum payment of $750.00 (excl. tax) for each 7 day period. For more information and to see if it applies to you please visit: https://www.servicesaustralia.gov.au/pandemic-leave-disaster-payment-queensland.
From 18 January, 2022, a scale will apply to the Pandemic Leave Disaster Payment depending on how much work is lost over a 7 day period. If you are set to lose more than 20 hours of work, you may be eligible for $750.00 (excl. tax). If you are set to lose up to 19 hours, you may be eligible for $450.00 (excl. tax). However, a financial hardship test will also be introduced which will result in individuals who have available funds of $10,000.00 or more being ineligible. For more information on these upcoming changes please visit: https://ministers.pmc.gov.au/mckenzie/2022/changes-pandemic-leave-disaster-payment
If you have any questions about COVID-19’s impact on your employment, please contact our experienced employment law team.