Employment entitlements during natural disasters or emergencies

Natural disasters such as cyclone “Alf” can significantly impact workplaces, leading to challenges in employee attendance and business operations. Fair Work Australia provides guidance on managing employee payments and office closures during such events.

An employee may have entitlements under their award or agreement that should be reviewed and applied in the first instance.

Employee Entitlements When Unable to Attend Work

Employees may face difficulties attending work due to natural disasters. In these situations, entitlements can vary:

Paid Leave:

Employees might utilise accrued annual leave or long service leave. If a family member is affected, they may be eligible for paid carer's leave to provide necessary support.

Unpaid Leave:

If paid leave entitlements are exhausted or unavailable, employers and employees can agree on unpaid leave for the duration of the emergency.

Community Service Leave:

Employees engaging in voluntary emergency management activities, such as assisting recognized emergency bodies like the State Emergency Service (SES), are entitled to unpaid community service leave.

Employer-Initiated Temporary Business Closure

Employers may need to temporarily close their business due to natural disasters. In such cases:

Standing Down Employees Without Pay:

Under the Fair Work Act, employers can stand down employees without pay if there's a stoppage of work for which the employer cannot be held responsible, and employees can't be usefully employed elsewhere. This includes situations like natural disasters causing business closures.

Before opting for stand-downs, employers should consider alternatives, such as:

Offering Accrued Paid Leave:

Encouraging employees to take accrued annual or long service leave during the closure period.

Flexible Work Arrangements:

Implementing options like working from home, if feasible, to maintain business operations and employee income.

Workplace Health and Safety Considerations

Employers have a duty of care under workplace health and safety laws to ensure the safety of their employees during natural disasters. This includes assessing risks associated with attending work during such events and making necessary adjustments to protect employee well-being.

Navigating employee payments and office closures during natural disasters requires a balanced approach that considers both legal obligations and the well-being of employees. Employers should familiarise themselves with the relevant provisions of the Fair Work Act and consult applicable awards or agreements to ensure compliance and support for their workforce during these challenging times.

For more visit FairWork - Pay during inclement or severe weather and natural disasters - Fair Work Ombudsman

If you require any assistance get in touch. Stay safe!