Paying staff during natural disasters

What are your obligations to staff when employees cannot attend for work either because they are prevented or the service is not able to operate during a natural disaster

From time to time, services have to deal with natural disasters such as floods, bushfires, tropical cyclones, severe storms and even earthquakes. Clients are often confused about what their obligations are to staff when employee's cannot attend for work either because they are prevented or, the service is not able to operate.

Neither the Childrens Services Award 2010 or the Educational Services (Teachers) Award 2010, have specific provisions to deal with absence due to natural disasters.

What if an employer must temporarily close?

The Fair Work Act 2009 includes provisions which enable employers to stand down employees, without pay, where they cannot usefully be employed during a period because of any stoppage of work for which the employer cannot reasonably be held responsible, such as a natural disaster or an ordered closure. However, it is not mandatory for stand downs to be unpaid and you can choose to pay employees at your discretion.

If you decide to stand staff down, they should be notified in writing including the date which the stand down commences, whether the employees will or will not be paid and the effect on other employment entitlements. Update staff regularly and keep them informed when the stand down will end.

Employees who are stood down without pay can also contact Centrelink to discuss options available based on the employee's individual circumstances, including income support payment options and other assistance.

What are the alternatives to standing down employees?

Employees can choose to access accrued paid leave (for example, annual leave). By agreement, leave could also be taken at half pay. Multiple service operators might even be able to offer to temporarily redeploy staff.

Employees wanting to take care of themselves or their family?

Personal/carer’s leave

Employees (other than casual employees) affected by a natural disaster or emergency might be able to take paid personal/carer’s leave or compassionate leave depending on their credit. For example, if an employee was injured during a flood or bushfire they would likely be entitled to personal leave or to carer’s leave if their child’s school is closed due to a natural disaster or emergency.

Keep in mind that an employee is entitled to Personal/carers leave:

- if they are unfit for work because of their own personal illness or injury or;

- to provide care or support to a member of their immediate family or household, because of an illness, injury or an unexpected emergency. For this article an unexpected emergency would include a natural disaster.

Employees who have exhausted their paid personal/carer’s leave entitlement, are eligible for up to 2 days' unpaid carer’s leave per occasion to provide care and support to a family or household member due to illness, injury or in the event of an unexpected emergency.

Further help and assistance

If you need assistance to develop or review your offers of employment, restraint or confidentiality agreements, contact DJMIR on (02) 6236 8966 or my email via djm@djmir.com.au