LEGAL AND IR
27
NATIONAL
Leave options for COVID-19 related absences There are numerous leave options available for employees covered by the General Retail Industry Award 2020.
As the Omicron wave of COVID-19 spreads across Australia, more employees are being exposed to COVID-19. Employees are requesting time off work to isolate, either because they are awaiting results of a test, have contracted COVID-19, or they are a close contact of someone who has contracted COVID-19. Under the Fair Work Act 2009 (Cth) and the General Retail Industry Award 2020 (GRIA), your employees have a number of leave options available during this time.
Unpaid pandemic leave Any employee, whether full-time, part-time, or casual, may access unpaid pandemic leave under the GRIA for the duration of their isolation. Employees may take up to two weeks of unpaid pandemic leave, and longer by agreement. Employees do not have to accrue this leave, and it is available to them immediately. They are able to request this leave because they have been prevented from working by measures taken by the government in response to COVID-19 (e.g., being asked to self-isolate). Once requested, the
member has to permit the employee to take this leave.
their employer. This is available to fulltime and part-time employees.
Please note that employees who merely do not want to work due to fear of contracting COVID-19 will not be able to access unpaid pandemic leave.
On unpaid leave, the employee will not continue to accrue annual leave or personal/carer’s (sick) leave, and the period will not be counted towards their length of service. An employee may take an unlimited amount of unpaid leave depending on their agreement with their employer, however it is advisable that any period of unpaid leave is clearly defined. It is advisable for the parties to agree to a definite period of unpaid leave.
Annual leave A full-time or part-time employee with accrued annual leave may request to take their annual leave. You may not direct your employees to take this leave, except in special circumstances. Therefore, annual leave must be taken by agreement. Last year, employees could access annual leave at half pay. As of 31 December 2021 onwards, employees are not permitted to commence a new period of annual leave at half pay, although an existing period that began before 31 December 2021 may continue.
Unpaid leave / leave without pay An employee may also take a period of unpaid leave by mutual agreement with
Personal/carer’s (sick) leave Your employees will not be able to access their personal/carer’s (sick) leave if they are only isolating after becoming a close contact or taking a test. Sick leave is only available if the employee is not fit for work due to personal illness or injury. If the employee is diagnosed with COVID-19, or suffering from symptoms of COVID-19, they may access their sick leave. You may request reasonable evidence from the employee that satisfies you that they are unwell, such as a medical
