PRESS RELEASE: Employee entitlements in the wake of Coronavirus
Media Release: IMMEDIATE DISTRIBUTION
PR Contact: Amanda Lacey, POPCOM
Mobile: 0418 448 570
Email: [email protected]
Employee entitlements in the wake of Coronavirus
Sydney, 2020: Principal Nicola Martin at leading Australian law firm, McCabe Curwood, looks at employee entitlements in the wake of Coronavirus (COVID-19).
With the World Health Organisation recently announcing the virus as a pandemic and over 4,000 deaths worldwide, the devastating impact of COVID-19 is unlikely to cease in the immediate future. This will cause major disruption globally – and possibly to your company.
It is likely some of your employees will require time off work to meet requirements set by the Department of Health, which directs a minimum of 14-days self-isolation after arriving from mainland China (excluding Hong Kong, Taiwan and Macau), Iran, South Korea and Italy. Isolation also extends to anyone that has had contact with a confirmed case of coronavirus.
Paid personal leave
As outlined in the Fair Work Act, paid personal leave can be accessed if an (otherwise eligible) permanent employee cannot attend work as a result of personal illness or injury.
“Given the Department of Health’s requirements, we consider it reasonable for any employee who is required to self-isolate to be able to access paid personal leave. If the employee’s accrued personal leave has been exhausted, they may be able to access paid annual leave or alternatively take unpaid personal leave,” says Principal Nicola Martin.
She also notes that the requirement of a medical certificate certifying the employee must self-isolate and cannot attend work is reasonable before paid personal leave is granted.
“If the employee is not actually unwell, and would like to continue working, your company may consider allowing the employee to work from home,” Martin says.
If an employee’s child or dependent must self-isolate and cannot attend school, this again gives them need to take time from work. Martin notes that it is reasonable in this situation for the employee to access their paid personal/carer’s leave as they are required to “provide care or support to a member of their immediate family or household, because of a personal illness, injury or unexpected emergency affecting the member”.
“The requirement to self-isolate could well be considered to be an unexpected emergency, even if the child is not actually ill.”
Suspecting an employee has COVID-19
If you have fair reason to believe an employee has COVID-19, for example if they are displaying symptoms of the virus, it would be a reasonable cause of action to speak with them in confidence to enquire if they may have had possible exposure. If they disclose they have, or recently returned from any of the countries mentioned prior, directing them to self-isolate as outlined by the Department of Health would be appropriate.
If possible exposure has not occurred, directing them to attend a medical appointment to ensure they are of good health for work is reasonable.
“Before doing so, you should check your company policies, or the relevant award or agreement, to ensure you are compliant with making such a direction. That being said, if the employee’s doctor certifies them as fit for work, your company would have little basis for requiring the employee to stay at home,” said Martin.
Nicola Martin is available for interview. Please contact Amanda Lacey at [email protected]
