Leave law changes in wake of virus
As business is starting to return to normal in the Wimmera, many businesses and employees will be affected by important changes made to employment law due to COVID-19.
Some of the important temporary measures are changes to how leave might be taken and be directed to be taken.
This article was written with the assistance of information from the Fair Work Ombudsman’s website at fairwork.gov.au. This website provides excellent guidance on recent changes implemented and information on the Australian national workplace relations system in general.
If you are an employer or employee who has any questions about what can and cannot be done under the recent changes to employment arrangements in response to COVID-19, contact your solicitor.
Pandemic leave
On April 8, 2020, the Fair Work Commission varied 99 awards to temporarily provide two weeks of unpaid pandemic leave to certain employees.
To qualify for the leave, employees must either be required to self-isolate by government or medical authorities or be prevented from work by measures taken in response to the pandemic.
An example of being prevented from work by measures taken in response to the pandemic is employees who cannot work due to an enforceable government direction restricting non-essential businesses.
The unpaid pandemic leave can be taken by employees without taking paid leave first. The two weeks is available to full time, part time and casual employees. The leave does not need to accrue before it can be taken – it can be taken immediately.
An employer can ask an employee to give evidence that shows why they took the leave. Any pandemic leave to be taken needs to start before June 30, 2020 – it can finish after this date.
Annual leave at half pay
Employees are now able to take twice as much annual leave at half their normal pay, if their employer agrees.
For example, an employee with four weeks of annual leave accrued can request from their employer to take eight weeks annual leave at half pay. The agreement must be in writing and the employer needs to keep it as a record.
Direction to take annual leave
Businesses receiving the benefit of the Jobkeeper scheme might be less busy than usual.
Accordingly, they might consider it a good time for employees to take annual leave.
Under the Jobkeeper changes to the Fair Work Act, qualifying employers can request some employees to take paid annual leave. However, this request must ensure that the employee keeps a balance of at least two weeks’ paid annual leave.
• This article is intended to be used as a guide only. It is not, and is not intended to be, advice on any specific matter. Neither Patrick nor O’brien and Smith Lawyers accept responsibility for any acts or omissions resulting from reliance upon the content of this article. Before acting on the basis of any material in this article, we recommend that you consult your lawyer.