Pandemic Leave Disaster Payment extended – How does this impact your Workers’​ Compensation insurance?

Employees covered by certain awards are entitled to two weeks of unpaid pandemic leave from July 15, 2022, to December 31, 2022. This follows a recent decision by the Fair Work Commission to reinstate the entitlement to these awards. Employees covered by an affected award are entitled to two weeks of unpaid pandemic leave if they are unable to work due to Covid-19.

Affected awards – Awards where unpaid pandemic leave applies

Unpaid pandemic leave is available in some awards beginning on or after 15 July 2022 and ending at the end of 2022. It had previously stopped accepting applications on June 30, 2022.

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Unpaid pandemic leave

Employees covered by one of the affected awards are entitled to up to two weeks of unpaid pandemic leave (or more if agreed upon with their employer) if they are unable to work because of:

• because they are required to isolate themselves by government or medical authorities, or because they are acting on the advice of a medical practitioner, or
• in response to the pandemic, by measures taken by the government or medical authorities (for example, an enforceable government direction restricting non-essential businesses).

Taking the leave

The leave needs to start before – but can finish — after 31 December 2022.

The leave is available in full immediately to:

• full-time
• part-time
• casual employees.

Employees don’t have to:

• accrue the leave or
• use all their paid leave before accessing unpaid pandemic leave.

All eligible employees can take 2 weeks unpaid leave. It isn’t pro-rated for employees who don’t work full-time. Unpaid pandemic leave doesn’t affect other paid or unpaid leave entitlements. It also counts as service for entitlements under awards and the National Employment Standards.

Notice and evidence

An employee must let their employer know:

• that they are going to take unpaid pandemic leave
• the reason for taking the leave.

An employer can ask an employee to give evidence that shows why they took the leave. An employer can’t dismiss an employee or take any other adverse action against an employee because the employee is entitled to unpaid pandemic leave.

Fair Work Ombudsman

You can check out the:

• History of unpaid pandemic leave
• Awards previously with unpaid pandemic leave provisions

Download a copy of the pdf version available here.

Related Information – Updated articles as of July 2022

• Employees who can’t go to work because of COVID-19
• When an employee has COVID-19
• Accessing leave during quarantine or self-isolation
• Pay during quarantine and self-isolation
• Government payments.

In this section:

• Annual leave
• Sick and carer’s leave
• Unpaid leave and other paid leave
• Unpaid pandemic leaves in awards
• Stand downs
• Changes to workplace laws during Coronavirus
• Alternative work arrangements

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Disclaimer:

The information in this post is strictly for informational and educational purposes only and should not be construed as legal advice. It is not intended to express specific opinions about specific cases. Before acting on any of the issues discussed in this post, seek additional advice. The information provided should not be relied on for any purpose other than to assist you to understand how Workers’ Compensation insurance works. It is for illustrative purposes only and My WorkCover Solutions Pty Ltd does not accept liability for any loss or damage suffered by any person resulting in any way from the use of or reliance on, the information provided. The information in this article is believed to be correct as of the date of publication. However, changes in the applicable laws may have an impact on the accuracy of the material. This article contains general information that is not tailored to any specific person’s situation. This publication may contain information that relates to the regulation of Workers’ Compensation insurance in your State or Territory. To ensure you comply with your legal obligations, we would recommend you refer to the appropriate legislation as currently in force in the State or Territory you conduct your business. You can find up-to-date legislation by visiting each state’s WorkCover Authority website, alternatively contact myWorkCover for updated information.