Natural disasters: employer obligations & key considerations
With Tropical Cyclone Alfred having blown by we’ve been handling a range of queries on how to treat employee absences during times of natural disasters. So, we’ve put together a breakdown of important considerations.
Our first, and biggest tip, is a practical one: Communication is key. Open, early and honest communication with your team is the most important thing.
What are my obligations as an employer if I direct my employees not to attend work in the lead up to a cyclone (or other predicted natural disaster) as a precaution?
If an employer directs an employee not to attend work as a precaution, due to an impending natural disaster, the employee is entitled to be paid for the shifts that they are directed to not attend.
When cancelling a casual employee’s shift, notice is required. Without notice (ie. if they attend work and are told that they are not needed), minimum shift requirements may apply – check your Award or Agreement.
Consider flexible work options or alternative duties where possible. Options may include working from home or remote work; online training; policy reviews or data entry. Ensure alternative work is reasonable and that the employee can perform the work safely.
What about after the natural disaster?
If, as an employer, you cannot provide work due to circumstances beyond your control (eg. impacts of cyclone or flooding) you may need to consider:
Alternative work arrangements: If business premises are badly affected or closed, employers may direct employees to work at another location, work from home or assist with the clean-up—provided it’s safe and feasible to do so, and your employees are skilled and capable to perform these duties.
Stand down: Where there is no option to work from home or perform alternate duties, section 524 of the Fair Work Act allows an employee to stand down an employee without pay in specified circumstances (ie. a business has had to close due to damage or flooding). Check relevant employment contracts, awards or enterprise agreements for any specific stand down clauses.
Offer to access available leave entitlements: Permanent employees can access personal leave if they are unable to attend work due to illness, injury or needing to provide care or support for their immediate family or household. This includes if they are required to care for their children due to school/childcare closures.
Permanent employees may also access available annual leave or long service leave subject to the normal approval processes of the employer.
What if a business will not re-open or will not be able to operate for some time?
Relevant redundancy considerations may apply, according to the applicable industrial requirements.
Do I have to pay my employee if they can’t physically get to work because of access issues?
Whilst you would not be required to pay an employee, they may be given access to available annual or long service leave entitlements.
My employee is a member of the State Emergency Service. Are they entitled to paid leave?
Employees who are member of the State Emergency Service or another ‘recognised emergency service management body’ are entitled to take community service leave. This leave is generally unpaid, although an employer may choose to treat this as paid leave.
What about my casual employees?
Casual employees are not entitled to paid sick or annual leave. They are entitled to two days unpaid carer’s leave, two days unpaid compassionate leave and unpaid community service leave.
Further questions?
It is always important to consider any provisions in applicable awards or enterprise agreements. For more information or specific queries, please reach out to the QFVG workplace relations support line.
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