At Lucent, we’re receiving an unprecedented, but unsurprising, number of questions from clients about their responsibilities regarding COVID-19 (Coronavirus) and their staff.
In conjunction with our HR partners, Fair Work Lawyers and Employment Hero, we have compiled the following information around your obligations to staff as an employer – and some important considerations around a workplace stand down.
We hope this information might help you during these unprecedented times, but please note, this advice is general in nature.
Employer Obligations
| Scenario | Options |
|---|---|
| Employee is sick | Personal leave (if available) or unpaid leave |
| Employee is not sick but must care for a member of their immediate family or household who is sick | Personal leave (if available) or unpaid leave |
| Employee is not sick but refuses to come to work because of risk of infection | • If no real risk of infection at work, unauthorised absence with no pay • At your discretion, you may allow employee to take accrued leave (e.g. annual leave, long service leave) |
| Employee is not sick but cannot attend workplace because they are stuck overseas | • Explore option to work remotely (if suitable) • Allow use of accrued annual leave or long service leave • Unpaid leave |
| Employee is not sick but is quarantined or self-isolated | • Explore option to work remotely (if suitable) • Allow use of accrued annual leave or long service leave • Unpaid leave |
| Employee is not sick, but employer requires employee to stay away as a precautionary | • Explore option to work remotely (e.g. from home, if suitable) • Unless special circumstances exist, pay employee ordinary rate of pay for the shifts they would have done in that timeframe |
| Employer temporarily closes workplace due to actual or suspected case of Coronavirus | • Explore option to work remotely (e.g. from home, if suitable) • If not an option, depending on the circumstances, you may be able to place employees on unpaid leave |
You can access below the information bulletin we received from Fair Work Lawyers. This provides comprehensive information on Coronavirus, Implications for Employers.
You can also access the Employment Hero COVID-19 Employer Pack contents from the links below.
Workplace Stand Down Procedure
| Consideration | Employer’s Options |
|---|---|
| What are the causes and do they justify a stand down? | • The underpinning legal basis for a stand down needs to be carefully considered at this time • Stand-downs cannot be pre-emptive |
| What work of value is available? | • This requires an assessment of the cost of performing work and the benefits to the employer • It may not be reasonable to redeploy on a particular day, but it may be reasonable to mobilise resources soon after |
| Are there alternatives? | • Can employees take leave or other entitlements? |
| Is there any other available information? | • If the cause for the stoppage is a Government decision, there will be some information that may be relevant to planning • Please download the information bulletin below |
Click below to access the information bulletin we received from Fair Work Lawyers, Coronavirus, Stand Down First Response.
Coronavirus – Stand Down First Response 18-3-20
If you have any further questions or concerns, please do not hesitate to get in touch with us:
Email: rachael.turner@lucentadvisory.com.au
Phone: 08 8471 7007
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