As the situation with COVID-19 continues to evolve, and the borders of WA look set to open next month, employers are responsible for taking all reasonable steps in ensuring the health and safety of workers in line with government directives.

With isolation and quarantine requirements mandated by the WA Government, employers need to be across the various circumstances in which workers will be unable to attend work as a result of COVID-19. The reasons vary and subsequently, worker leave entitlements will depend on each employee and their individual circumstance. An employee may not be able to attend work due to COVID-19 when:

  • Diagnosed with COVID-19
  • A close contact with someone who has COVID-19
  • Required to get tested or awaiting a COVID-19 test result
  • Caring for a child who has COVID-19
  • Caring a for a child who is a close contact with someone who has COVID-19
  • Caring for someone with a disability or medical condition who must self-isolate or quarantine due to being a close contact with someone who has COVID-19
  • Caring for someone with disability or a severe medical condition who has COVID-19
  • Prohibited from leaving the home because of an enforceable government direction, or
  • Arriving from overseas or interstate and needing to self-isolate because of an enforceable government direction.

Which types of leave can employees use if they can’t attend work due to COVID-19?

Workers who cannot attend work due to COVID-19, and are unable to work from home, may be able to access various types of leave depending on the circumstances.

Under the National Employment Standards (NES), a full-time or part-time worker with a personal illness or injury such as COVID-19 is entitled to take paid personal (or sick) leave. Workers that don’t have sufficient personal leave accrued can discuss alternative options with their employer such as taking unpaid leave or accessing paid annual leave. Casual employees are not entitled to paid personal leave.

For employees required to quarantine or self-isolate because of an enforceable government directive, employers can discuss different options such as taking annual leave, sick or carer’s leave or unpaid leave. Workers caring for a family member or a member of their household who is sick with COVID-19 may be able to use paid or unpaid carer’s leave.

The usual workplace rules about giving notice and providing evidence regarding taking paid or unpaid leave will apply.

Unpaid Pandemic Leave

Unpaid pandemic leave may be accessed by employees who are unable to work due to COVID-19. Workers employed under one of the applicable awards can access up to 2 weeks of unpaid pandemic leave if they are unable to work; which may be extended if agreed to with the employer.

Workers accessing unpaid pandemic leave can do so if they need to self-isolate or quarantine in line with government directives, on the advice of a medical practitioner, or because of measures taken by the government in response to the pandemic.

Unpaid pandemic leave is available to full-time, part-time and casual employees immediately and does not have to be accrued. Employees are not required to use paid leave before accessing unpaid pandemic leave and the full 2 weeks is available to all eligible employees and not calculated on a pro-rata basis.

WA Pandemic Leave Disaster Payment

WA Pandemic Leave Disaster Payment is a lump sum payment to help WA workers during the period in which they are unable to earn an income when having to self-isolate or quarantine due to COVID-19. Employees may be able to access the payment when:

  • Having to self-isolate or quarantine due to COVID-19, or
  • Caring for someone who has to self-isolate or quarantine due to COVID-19.

In order to access the payment, workers will need to provide Rapid Antigen Test (RAT) or Polymerase Chain Reaction (PCR) results as well as advice of a positive test from a COVID-19 testing clinic or health professional, and evidence of registering a positive result from a home-administered RAT with the WA state health authority.

COVID-19 Test Isolation Payment for WA workers

From Saturday 5 February 2022, the WA Government will introduce a $320 payment for workers living in WA who have been directed to self-isolate or quarantine while waiting for a COVID-19 test result, are unable to work from home and do not have access to paid leave or other income. Workers will be eligible when:

  • Undertaking a COVID-19 Polymerase Chain Reaction (PCR) test on or after Saturday 5 February 2022 and be required to quarantine pending result
  • Been likely to have undertaken paid work during the period of quarantine
  • Unable to work from home and have no access to paid leave or other income support, and
  • Aged 17 years or over and live in WA.

Workers will not be eligible if:

  • Required to test regularly and not quarantine such as essential workers or FIFO workers
  • Required to test due to travel requirements, or
  • Receiving other income including Australian Government income support during the quarantine period.

Workers required to self-isolate or quarantine due to COVID-19, and who are unable to work from home, may be significantly impacted. As a business owner, ensuring workers are aware of the different leave entitlements and types of financial assistance available will provide much needed support during these uncertain times.

The situation surrounding COVID-19 is continuously evolving. When the WA borders open up next month, it is likely that cases will increase impacting workplaces across the state. As a business owner, it’s important to not only ensure the health and welfare of employees, but also protect business operations.

Businesses need to have in place robust and up-to-date COVID-19 policies and procedures in order to ensure compliance and minimise risk. If you need assistance understanding your obligations surrounding COVID-19 vaccination, self-isolation and quarantine requirements, our team of highly skilled HR professionals can help.

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