Coronavirus and Australian workplace laws

What happens if on of your staff is affected by the Coronavirus?

Please visit the Australian Government Department of Health website for the latest information on the virus, including requirements and conditions for quarantine periods.

Please work together with employees to find appropriate solutions that suit staff and business needs. This may include taking different forms of leave, working from home, or taking extra precautions in the workplace.

Where can I get information on health and safety in the workplace?

We can provide information about workplace entitlements such as taking sick and annual leave.

For information about health and safety in the workplace, go to:

What happens if an employee or their family member is sick with coronavirus?

Full and part-time employees who can’t come to work because they are sick can take paid sick leave. If an employee needs to look after a family member or member of the employee’s household who is sick with coronavirus, or suffering an unexpected emergency, they are entitled to take paid carer’s leave.

Casual employees are entitled to 2 days of unpaid carer’s leave per occasion. Full and part-time employees can take unpaid carer’s leave if they have no paid sick or carer’s leave left.

An employee must give their employer evidence of the illness or unexpected emergency if their employer asks for it.

More information:

What if an employee wants to stay home as a precaution?

If an employee wants to stay at home as a precaution against being exposed to coronavirus, they will need to make a request to work from home (if possible) or to take some form of paid or unpaid leave, such as annual leave or long service leave. These requests are subject to the normal leave application process in the workplace.

Employees are encouraged to discuss their level of risk of contracting coronavirus with their doctor, workplace health and safety representative or the appropriate State or Territory workplace health and safety body.

More information:

What if you want your staff to stay home?

Under work health and safety laws, employers are required to ensure the health and safety of their workers and others at the workplace (as far as is reasonably practical). Workers also have responsibilities under those laws.

If an employee is at risk of infection from coronavirus, say they have recently travelled through China, or has been in close contact with someone who has the virus, you should request the employee seek medical clearance from a doctor and to work from home (if possible), or not work during the risk period.

 Where an employer directs a full-time or part-time employee not to work, the employee would ordinarily be entitled to be paid while subject to the direction. You should consider your obligations under any applicable enterprise agreement, award, employees’ contracts of employment, and workplace policies.

Under the Fair Work Act an employee can only be stood down without pay if they can’t do useful work. This can be because of equipment break down, industrial action or a stoppage of work for which the employer can’t be held responsible. The most common scenarios are severe and inclement weather or natural disasters. Enterprise agreements and employment contracts can have different or extra rules about when an employer can stand down an employee without pay.

Employers need to balance their legal obligations, including those relating to anti-discrimination.

Please don’t hesitate to contact us if you have any queries.