With more than 70 cases of coronavirus in Australia, and rising, now could be a good time for employees to consider what happens if they get sick and are unable to work. Unfortunately, not even the Fair Work Ombudsman can provide “specific rules” for this developing situation yet. Here’s what we know.
The coronavirus – COVID-19 – has already had global health ramifications, spreading across dozens of nations, infecting more than 100,000 people and killing over 3,800 so far.
Aside from the obvious health concerns, professional services firm PwC has anticipated the coronavirus could have a significant impact on the global economy, resulting in a reduction in the total workforce by about 1.53%.
They worked this out by assuming 50% of the world’s population contracts the disease, 61% of those people are in the workforce and they have to take about 2.5 weeks off to recover.
To put that into perspective with an example, Australia’s largest company the Commonwealth Bank has around 48,000 employees. If, hypothetically, three in ten of them caught the coronavirus (based on the assumed infection rates in PwC’s report), that would equate to over 14,000 CBA workers needing to take time off work due to the virus.
Ok, so what are workplaces doing to prepare?
Some companies have already started taking measures to limit the spread of the virus in the workplace, including Apple, which urged all global office staff to work remotely this week and made plans to reduce the number of people in its retail stores.
Flight Centre reportedly asked full-time staff in an internal email to cut down their hours to a four-day work week to help the business, and said this would result in their salary being reduced to match the hours worked.
The World Health Organisation has advised employers on how to get their workplace ready for COVID-19, with tips such as having hand sanitiser available to staff and encouraging anyone with even mild symptoms to stay at home.
This has raised alarm bells that employees could suffer financial pressure if they are unable to attend work, particularly for casual workers who don’t get paid sick leave.
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What is the government doing to help workers and employers?
The federal Attorney-General will meet with union and employer representatives on Tuesday to discuss workplace health and safety practices, employment arrangements and ways to ensure businesses can keep their doors open.
The government is also expected to finalise an economic package this week that could include wage subsidies for industries affected most by the coronavirus and that employ a lot of casual workers.
Victorian Trades Hall Council Secretary Luke Hilakari said the union group is calling for a special leave provision to make sure workers asked to go into self-isolation will still be paid and not use up all their sick leave for the year.
“Employees shouldn’t be forced to use up annual leave, or other leave, as that was designed for rest and recreation,” Mr Hilakari said.
“[The government’s assistance] package must include financial support for casual workers who do not have access to paid leave and may have lost income or their jobs as a result of coronavirus.”
There are fears casual workers who don’t have access to paid sick leave will be caught out by the #coronavirus
“We’re worried that these workers will have to choose between feeding themselves, paying the bills or going to work,” says ACTU secretary @sallymcmanus pic.twitter.com/g1VOmg5kv5
— News Breakfast (@BreakfastNews) March 8, 2020
What are your workplace rights when it comes to coronavirus, according to the Ombudsman?
Even the Fair Work Ombudsman (FWO) – which many employers and employees turn to to know their workplace rights – cannot provide all the answers for coronavirus and the workplace yet.
Canstar finance expert Effie Zahos said we were in “uncharted waters” now about the rules if people are sick or unable to work due to coronavirus concerns or quarantine.
“Let’s say you’re worried about going to the workplace because you’re concerned about your health and you want to stay home and work, but you’ve got a job that doesn’t allow you to stay home from work – where do you stand?,” Ms Zahos said.
She said questions like these were no doubt hot topics of discussion in the workplace right now, particularly between small businesses who may not have the cash flow to support workers without sick leave, and workers who have to take time off and continue paying bills but aren’t receiving an income.
As for now, this is what the FWO can tell us about your rights as an employee when it comes to coronavirus:
1. You can take leave if you or your family is sick with coronavirus
The FWO’s website states that full-time and part-time permanent workers who can’t come to work because they are sick with coronavirus can take paid sick leave, or if they need to look after a sick family member or housemate they can take paid carer’s leave. They can also take unpaid carer’s leave if they run out of paid sick or carer’s leave.
If you’re a casual worker, on the other hand, the FWO says you would only be entitled to two days of carer’s leave without pay.
If you are sick, it’s possible your employer could ask for evidence of the illness or emergency, which you must provide if asked, according to the FWO.
2. You could be stood down without pay
According to the FWO, the Fair Work Act normally only allows employers to send you home without pay if you can’t work due to equipment breakdown, industrial action or an obstruction of work that is out of your employer’s control.
The Ombudsman says on its website that the most common scenarios for being stood down without pay are typically severe weather events or natural disasters. But if your employer thinks you are at risk of having coronavirus – either due to recent travel or close contact with someone who has the virus – they can request that you do not work, or that you seek medical clearance from a doctor before returning to work.
In this scenario, a full-time or part-time employee would “ordinarily” be paid, but there is no mention of what casual employees’ rights would be.
It could be worthwhile checking your employment contract, which may have more rules about when your employer can send you home.
3. You can ask to work from home or to take time off
Employers can ask that you work from home, if possible, or not work at all during the risk period if you are deemed at risk of infection from coronavirus, but you can also request to work from home if you are worried about being exposed to the virus.
Organising this would generally require going through the normal leave application process.
Before doing so, it might be worthwhile chatting with your doctor or a workplace health and safety representative to determine how “at risk” you are of contracting COVID-19.
Getting your workplace ready for #COVID19 pic.twitter.com/9sjkGnnUmS
— PAHO/WHO Emergencies (@PAHOemergencies) March 6, 2020
4. You need to let your employer know if you’re stuck overseas or forced to enter quarantine
If you are unable to get to work because you can’t return from an overseas trip or are required to enter quarantine, you’ll need to let your employer know as soon as possible, the FWO says.
Employers and employees will need to come to their own arrangements when it comes to pay in this situation, according to the FWO, because the Act doesn’t have any “specific rules” if you can’t attend work because you’re stuck overseas or are required to quarantine yourself because of the coronavirus. This may include discussing if you can:
- Take sick leave if you’re unwell
- Take annual leave or long service leave
- Take some form of unpaid leave
5. This is where to go for information on health and safety at work
If you have any urgent enquiries about your workplace entitlements or obligations, it could be worthwhile contacting the FWO online or by calling 13 13 94.
Could your super balance be impacted if you were unable to work?
According to the Australian Taxation Office, you are entitled to be paid the 9.5% super guarantee on top of your gross income, which employers must pay at least quarterly, if you are:
- Paid $450 or more before tax in a month; and either
- over 18 years old; or
- under 18 years old and working over 30 hours per week
The ATO doesn’t, however, have any information available at this time about how employees’ super balances could be impacted if they are unable to work due to coronavirus.
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