We previously circulated a newsletter informing that the Fair Work Commission had proposed Coronavirus-related changes to 103 Modern Awards.
On 8 April 2020 the Fair Work Commission made a determination to vary 99 Modern Awards. For employees covered under those awards, these changes mean that:
- If a full time, part time or casual employee is required to self-isolate by government or medical authority, on advice from their doctor, or due to a government or medical authority direction such as an enforceable government direction, they are entitled to up to 2 weeks’ unpaid ‘pandemic leave’ (more if by agreement between the employee and employer).
The employee needs to inform the employer that they are taking unpaid pandemic leave and the reason for taking it. The employer can ask for evidence of the reason for the leave.
Whilst on unpaid pandemic leave the employee is protected from dismissal or adverse action being taken against them because of the employees’ entitlement to this leave. - By written agreement between the employer and employee, the employee can take double the amount of annual leave at half pay.
These provisions are now current law and apply from 8 April 2020 until 30 June 2020 unless extended.
A list of the Modern Awards that have been changed can be found from the Fairwork website.
Employers need to check the Modern Award(s) applying to their employees to see if these changes affect them. If so, they need to ensure that they are complying with these new provisions to avoid potential employment claims from employees.
If employers are unsure of their obligations to employees during the COVID-19 pandemic, or what their employment law options are, they are invited to contact Holly Edmondson, Principal of Blossom Lawyers on (07) 5636 5598 or via holly@blossomlawyers.com.au to discuss their matter.
